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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Allergen Labeling and Consumer
Protection Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is estimated that--
(A) approximately 2 percent of adults and about 5
percent of infants and young children in the United
States suffer from food allergies; and
(B) each year, roughly 30,000 individuals require
emergency room treatment and 150 individuals die
because of allergic reactions to food;
(2)(A) Eight major foods or food groups--milk, eggs, fish,
Crustacean shellfish, tree nuts, peanuts, wheat, and soybeans--
account for 90 percent of food allergies;
(B) at present, there is no cure for food allergies; and
(C) a food allergic consumer must avoid the food to which
the consumer is allergic;
(3)(A) in a review of randomly selected manufacturers of
baked goods, ice cream, and candy in Minnesota and Wisconsin in
1999, the Food and Drug Administration found that 25 percent of
sampled foods failed to list peanuts or eggs as ingredients on
the food labels; and
(B) nationally, the number of recalls because of unlabeled
allergens rose to 121 in 2000 from about 35 a decade earlier;
(4) a recent study shows that many parents of children with
a food allergy were unable correctly to identify in each of
several food labels the ingredients derived from major food
allergens;
(5)(A) current regulations of the Food and Drug
Administration require that ingredients in foods be listed by
their ``common or usual name'';
(B) in some cases, the common or usual name of an
ingredient may be unfamiliar to consumers, and many consumers
may not realize the ingredient is derived from, or contains, a
major food allergen; and
(C) current regulations of the Food and Drug Administration
exempt spices, flavorings, and certain colorings and additives
from ingredient labeling requirements that would allow
consumers to avoid those to which they are allergic; and
(6)(A) celiac disease is an immune-mediated disease that
causes damage to the gastrointestinal tract, central nervous
system, and other organs;
(B) the current recommended treatment is avoidance of
glutens in foods that are associated with celiac disease; and
(C) a multicenter, multiyear study estimated that the
prevalence of celiac disease in the United States is 0.5 to 1
percent of the general population.
SEC. 3. FOOD LABELING; REQUIREMENT OF INFORMATION REGARDING ALLERGENIC
SUBSTANCES.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(t)(1) If it is not a raw agricultural commodity and it is, or it
intentionally bears or contains, a major food allergen, unless either--
``(A) `Contains', which statement is followed by the name
of the food source as described in section 201(ll)(1) from
which the major food allergen is derived, follows immediately
after or is adjacent to (in a type size no smaller than the
type size used in the list of ingredients) the list of
ingredients required under subsections (g) and (i); or
``(B) the common or usual name of the major food allergen
in the list of ingredients required under sections (g) and (i)
is followed in parentheses by the name of the food source as
described in section 201(ll)(1) from which the major food
allergen is derived, except that the name of the food source is
not required when--
``(i) the common or usual name of the ingredient is
the term used to describe a major food allergen in
section 201(ll)(1), or
``(ii) the name of the food source as described in
section 201(ll)(1) has appeared previously in the
ingredient list; and
``Provided all major food allergens are labeled in a
consistent manner either as specified in clause (A) or as
specified in clause (B).
``(2) The information required under this subsection may appear in
labeling other than the label only if the Secretary finds that such
other labeling is sufficient to protect the public health. A finding by
the Secretary under this subparagraph is effective upon publication in
the Federal Register as a notice (including any change in an earlier
finding under this subparagraph).
``(3) Notwithstanding subsection (g), (i), or (k), or any other
law, a spice, flavoring, coloring, or incidental additive that is, or
that intentionally bears or contains, a major food allergen shall be
subject to the labeling requirements of this subsection.
``(4) The Secretary may by regulation modify the requirements of
subparagraph (A) or (B) of paragraph (1), or eliminate either the
requirement of subparagraph (A) or the requirement of subparagraph (B),
if the Secretary determines that the modification or elimination of the
requirement is necessary to protect the public health.
``(u) Notwithstanding subsection (g), (i), or (k), or any other
law, a spice, flavoring, coloring, or incidental additive that is, or
that intentionally bears or contains, a food allergen (other than a
major food allergen), as determined by the Secretary by regulation,
shall be disclosed in a manner specified by the Secretary by
regulation.''.
(b) Effect on Other Authority.--This section does not alter the
authority of the Secretary of Health and Human Services under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) to require
the labeling of other food allergens.
(c) Conforming Amendment.--Section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(ll) The term `major food allergen' means any of the following:
``(1) Milk, egg, fish, Crustacean shellfish, tree nuts,
wheat, peanuts, and soybeans.
``(2) A proteinaceous substance derived from a food
specified in paragraph (1) (unless the Secretary determines
that the substance does not cause an allergic response that
poses a risk to human health).''.
(d) Effective Date.--A food that is labeled on or after January 1,
2006, and that is, or that intentionally bears or contains, a major
food allergen (as defined in the amendment made by subsection (c))
shall be labeled in compliance with the requirements of the amendment
made by subsection (a).
SEC. 4. REPORT ON FOOD ALLERGENS.
Not later than June 30, 2004, the Secretary of Health and Human
Services shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report that--
(1)(A) analyzes--
(i) the ways in which foods, during manufacturing
and processing, can be unintentionally contaminated
with major food allergens, including contamination
caused by the use by manufacturers of the same
production line to produce both products for which
major food allergens are intentional ingredients and
products for which major food allergens are not
intentional ingredients; and
(ii) the ways in which foods produced on dedicated
production lines might nonetheless become
unintentionally contaminated with major food allergens;
and
(B) estimates how common those practices are in the food
industry, with breakdowns by food type as appropriate;
(2) recommends methods that can be used to reduce or
eliminate cross-contact of foods with the major food allergens;
(3) describes--
(A) the various types of advisory labeling (such as
use of the words ``may contain'') used by food
producers;
(B) the conditions of manufacture of food that are
associated with the various types of advisory labeling;
and
(C) the extent to which advisory labels are being
used on food products;
(4) determines how consumers with food allergies or the
caretakers of consumers would prefer information about the risk
of cross-contact be communicated on food labels by using
appropriate survey mechanisms; and
(5) identifies the circumstances, if any, under which
advisory labeling could appropriately be used.
SEC. 5. INSPECTIONS RELATING TO FOOD ALLERGENS.
(a) In General.--The Secretary of Health and Human Services shall
give priority to increasing the number of inspections under section 704
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) of
facilities in which foods are manufactured, processed, packed, or
held--
(1) to ensure that the foods comply with practices to
reduce or eliminate cross-contact of a food with major food
allergen residues that are not intentional ingredients of the
food; and
(2) to ensure that major food allergens are properly
labeled on foods.
(b) Report.--On October 1, 2003, and biennially thereafter, the
Secretary shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report that--
(1) states the number of inspections conducted in the
previous year and the numbers of facilities and food labels
that were found to be in compliance or out of compliance;
(2) describes the nature of the violations found;
(3) includes the number of voluntary recalls, and their
classifications, requested by the Secretary of foods with
undeclared major food allergens;
(4) assesses the extent of use of advisory language found
and the appropriateness of that use; and
(5) assesses the extent to which the Secretary and the food
industry have effectively addressed cross-contact issues.
SEC. 6. LABELING OF GLUTENS AND CELIAC DISEASE.
(a) Contract With Institute of Medicine.--The Secretary of Health
and Human Services (in this section, the ``Secretary'') shall enter
into a contract with the Institute of Medicine for--
(1) the conduct of a review of the science relating to--
(A) the glutens in food that are associated with
celiac disease;
(B) the means of preventing and treating celiac
disease; and
(C) the methodologies for detecting such glutens in
foods; and
(2) the submission to the Secretary, the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives, not later than 2 years after the date of
enactment of this Act, of a report concerning the review
conducted under paragraph (1).
(b) Requirements of Expertise.--The Institute of Medicine shall
conduct the review under subsection (a)(1) and make the report under
subsection (a)(2) in conjunction with experts in celiac disease,
including experts in the pathogenesis, epidemiology, and biochemistry
of celiac disease, the sensitivity to, and tolerance of, the glutens in
food that are associated with celiac disease, and the clinical aspects
of celiac disease, including prevention and treatment.
(c) Gluten Labeling.--Considering the review conducted under
paragraph (a)(1), the Secretary shall, not later than 4 years after the
date of enactment of this Act, issue a proposed rule to define, and
permit use of, the term ``gluten-free'' on the labeling of foods. Not
later than 6 years after the date of enactment of this Act, the
Secretary shall issue a final rule to define, and permit use of, the
term ``gluten-free'' on the labeling of foods.
(d) Report.--Not later than 2 years after submission to the
Secretary of the report under subsection (a)(2), the Secretary shall
submit to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the House of
Representatives a report that assesses whether additional requirements
for the labeling of gluten are warranted and necessary to better inform
individuals with celiac disease, and if other labeling is warranted and
necessary, identifies the types of such labeling.
SEC. 7. DATA ON FOOD-RELATED ALLERGIC RESPONSES.
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Secretary of Health and Human Services (in this
section referred to as the ``Secretary''), in consultation with
consumers, providers, State governments, and other relevant parties,
shall complete a study for the purposes of--
(1) determining whether existing systems for the reporting,
collection and analysis of national data accurately capture
information on--
(A) the prevalence of food allergies;
(B) the incidence of clinically significant or
serious adverse events related to food allergies; and
(C) the use of different modes of treatment for and
prevention of allergic responses to foods; and
(2) identifying new or alternative systems or enhancements
to existing systems (including by educating physicians and
other health care providers), for the reporting collection and
analysis of national data on--
(A) the prevalence of food allergies;
(B) the incidence of clinically significant or
serious adverse events related to food allergies; and
(C) the use of different modes of treatment for and
prevention of allergic responses to foods.
(b) Improvement and Publication of Data.--On completion of, and
consistent with the findings of, the study conducted under subsection
(a), the Secretary, acting through the Director of the Centers for
Disease Control and Prevention and in consultation with the
Commissioner of Foods and Drugs, shall improve the collection of, and
publish as it becomes available, national data on--
(1) the prevalence of food allergies;
(2) the incidence of clinically significant or serious
adverse events related to food allergies; and
(3) the use of different modes of treatment for and
prevention of allergic responses to foods.
(c) Report to Congress.--Not later than 30 months after the date of
the enactment of this Act, the Secretary shall submit to the Congress a
report on the progress made with respect to subsections (a) and (b).
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary.
SEC. 8. FOOD ALLERGIES RESEARCH.
(a) In General.--The Secretary of Health and Human Services,
through the National Institutes of Health, shall convene a panel of
nationally recognized experts to review current basic and clinical
research efforts related to food allergies. The panel shall develop a
plan for expanding, intensifying, and coordinating research activities
concerning food allergies.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit a plan under subsection (a) to the Committee on Energy and
Commerce in the House of Representatives and the Committee on Health,
Education, Labor, and Pensions in the Senate.
SEC. 9. FOOD ALLERGENS IN THE FOOD CODE.
The Secretary of Health and Human Services shall, in the Conference
for Food Protection, as part of its cooperative activities between the
States under section 311 of the Public Health Service Act (42 U.S.C.
243), pursue revision of the Food Code to provide guidelines for
preparing allergen-free foods in food establishments, including in
restaurants, grocery store delicatessens and bakeries, and elementary
and secondary school cafeterias. The Secretary shall consider public
and private guidelines and recommendations for preparing allergen-free
foods in pursuing this revision.
SEC. 10. RECOMMENDATIONS REGARDING RESPONDING TO FOOD-RELATED ALLERGIC
RESPONSES.
The Secretary of Health and Human Services shall, in providing
technical assistance relating to trauma care and emergency medical
services to State and local agencies under section 1202(b)(3) of the
Public Health Service Act (42 U.S.C. 300d-2(b)(3)), include technical
assistance relating to the use of different modes of treatment for and
prevention of allergic responses to foods.
|
Food Allergen Labeling and Consumer Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to require food that is not a raw agricultural commodity, and that is, or intentionally bears or contains, a major food allergen, to state that information on its label by January 1, 2006.Directs the Secretary of Health and Human Services to give priority to increasing the number of inspections under the Act to ensure that foods comply with practices to reduce or eliminate cross-contact with major food allergen residues and to ensure that major food allergens are properly labeled on foods.Requires the Secretary, through the National Institutes of Health, to convene a panel of nationally recognized experts to review basic and clinical research efforts related to food allergies and to develop a plan for expanding, intensifying, and coordinating such research.Directs the Secretary, in the Conference for Food Protection, as part of its cooperative activities between the States under the Public Health Service Act, to pursue certain revisions of the Food Code to provide guidelines for preparing allergen-free foods in food establishments.Requires the Secretary to include assistance relating to the use of different modes of treatment for and prevention of allergic responses to foods when providing technical assistance relating to trauma care and emergency medical services under the Public Health Service Act.
|
{"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to establish labeling requirements regarding allergenic substances in food, and for other purposes."}
| 3,560 | 280 | 0.508776 | 1.513965 | 0.738164 | 5.946281 | 13.64876 | 0.971074 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stem Cell Research for Patient
Benefit Act of 2001''.
SEC. 2. IMPLEMENTATION OF NATIONAL INSTITUTES OF HEALTH GUIDELINES FOR
RESEARCH USING HUMAN PLURIPOTENT STEM CELLS.
The Director of the National Institutes of Health shall conduct or
support research using human pluripotent stem cells from embryos and
fetal tissue in accordance with the National Institutes of Health
Guidelines for Research Using Human Pluripotent Stem Cells, as
published in the Federal Register on August 25, 2000 (65 FR 51976), and
corrected on November 21, 2000 (65 FR 69951).
SEC. 3. STUDY ON STEM CELLS BY THE NATIONAL INSTITUTES OF HEALTH.
(a) In General.--The Director of the National Institutes of Health
shall conduct a study on the following:
(1) The current state of knowledge about the following:
(A) Biological properties of stem cells obtained
from embryos, fetal tissues, and adult tissues.
(B) Biological differences among stem cells
obtained from embryos, fetal tissues, and adult tissues
and the significance of these differences for research
and medicine.
(C) Ability of stem cells to generate tissues,
including neurons and heart, kidney, blood, and liver
tissues, and the potential clinical uses of these
tissues.
(2) Emerging stem cell applications.
(3) The effectiveness of the guidelines referred to in
section 2.
(b) Report.--Not later than 5 years after the date of the enactment
of this Act, the Director of the National Institutes of Health shall
submit a report describing the findings and conclusions of the study to
the Committee on Energy and Commerce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate.
SEC. 4. STUDY ON THERAPIES ADDRESSING IMMUNOLOGICAL REJECTION OF STEM
CELLS AND DIFFERENTIATED CELLS AND TISSUE DERIVED FROM
STEM CELLS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall seek to enter into
an agreement with the Institute of Medicine under which the Institute,
taking into consideration the results of the study authorized by
section 3, will conduct a study to--
(1) assess the current state of knowledge about therapies,
including somatic cell nuclear transfer and therapies using
pharmaceuticals, that may be used to address immunological
rejection of stem cells and differentiated cells and tissue
derived from stem cells;
(2) compare the potential therapeutic value of such
therapies; and
(3) identify safeguards that could be implemented to
prevent the use of human embryos created by somatic cell
nuclear transfer for purposes other than the development of
therapies for diseases.
(b) Other Entities.--If the Institute of Medicine declines to
conduct the study described in subsection (a), the Secretary shall
enter into an agreement with another appropriate public or nonprofit
private entity to conduct the study.
(c) Report.--The Secretary shall ensure that, not later than 2
years after the date of the enactment of this Act, the study to be
conducted under subsection (a) is completed and a report describing the
findings and conclusions of the study is submitted to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate.
SEC. 5. BIOMEDICAL ADVISORY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Biomedical Advisory Commission (in this section referred to as
the ``Commission'').
(b) Duties.--
(1) Study.--The Commission shall conduct studies on the
following:
(A) Bioethical issues arising from research on
human biology and applications of such research.
(B) Emerging biomedical research, including the
ethical, social, legal, and regulatory issues
concerning such research and its clinical applications.
(2) Recommendations.--Based on the results of the study,
the Commission shall formulate such recommendations as it
considers appropriate with the goal of realizing the
development of effective therapies as quickly as possible,
taking into account the relevant ethical, social, legal, and
regulatory considerations.
(c) Membership.--
(1) Appointment.--The Commission shall be composed of 13
members as follows:
(A) 1 member appointed by the President.
(B) 3 members appointed by the Speaker of the House
of Representatives.
(C) 3 members appointed by the minority leader of
the House of Representatives.
(D) 3 members appointed by the majority leader of
the Senate.
(E) 3 members appointed by the minority leader of
the Senate.
(2) Qualifications.--The members appointed under
subparagraphs (B), (C), (D), and (E) of paragraph (1) shall
include representatives from the legal, ethical, scientific,
medical, patient, religious, and industry communities.
(3) Consultation.--All appointments under paragraph (1)
shall be made in consultation with members of the communities
referred to in paragraph (2).
(4) Chairperson.--The Chairperson of the Commission shall
be elected by a majority from among the members of the
Commission.
(5) Terms.--Each member of the Commission shall be
appointed for a term of 3 years and may be reappointed.
(6) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(d) Meetings.--The Commission shall meet--
(1) at the call of the Chairperson; and
(2) at least 2 times but not more than 4 times each
calendar year.
(e) Compensation and Expenses.--
(1) Compensation.--Subject to paragraph (2), each member of
the Commission shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed for
level III of the Executive Schedule under section 5314 of title
5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the
duties of the Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(3) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code,
while away from the member's home or regular place of business
in the performance of services for the Commission.
(f) Executive Director and Staff.--
(1) Executive director.--
(A) Appointment.--The Commission shall have an
Executive Director who shall be appointed by the
Secretary of Health and Human Services.
(B) Pay.--The Executive Director shall be paid at a
rate not to exceed the rate payable for level V of the
Executive Schedule under section 5316 of title 5,
United States Code.
(2) Staff.--
(A) Appointment.--The Executive Director may
appoint such additional personnel as the Executive
Director sees fit.
(B) Pay.--The staff of the Commission shall be paid
in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification and General Schedule
pay rates.
(3) Applicability of certain civil service laws.--The
Executive Director and staff of the Commission shall be
appointed subject to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(g) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this section, hold hearings, sit and act at times and
places, take testimony, and receive evidence as the Commission
considers appropriate.
(h) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information (other
than information required by any Federal statute to be kept
confidential by such department or agency) necessary for the Commission
to carry out its duties under this section. Upon request of the
Commission, the head of that department or agency shall furnish such
nonconfidential information to the Commission.
(i) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(j) Contracts.--To the extent or in the amounts provided in advance
in appropriations Acts, the Commission may contract with and compensate
government and private agencies or persons for supplies and services.
(k) Reports.--The Commission may submit to the Congress and the
President such reports as the Congress requests or the Commission
considers appropriate.
(l) Termination.--The Commission terminates 30 days after the date
that is 6 years after the date of the enactment of this Act.
|
Stem Cell Research for Patient Benefit Act 2001 - Requires the Director of the National Institutes of Health to: (1) conduct or support research using human pluripotent stem cells from embryos and fetal tissue in accordance with the National Institutes of Health Guidelines for Research Using Human Pluripotent Stem Cells; and (2) study and report to specified congressional committees on stem cells and the effectiveness of such guidelines.Requires the Secretary of Health and Human Services to enter into an agreement with: (1) the Institute of Medicine under which the Institute shall assess the current state of knowledge about therapies, including somatic cell nuclear transfer and therapies using pharmaceuticals, that may be used to address immunological rejection of stem cells and differentiated cells and tissue derived from stem cells; and (2) another appropriate public or nonprofit private entity to conduct such assessment if the Institute declines.Establishes the Biomedical Advisory Commission to study: (1) bioethical issues arising from research on human biology and applications of such research; and (2) emerging biomedical research, including the ethical, social, legal, and regulatory issues concerning such research and its clinical applications.
|
{"src": "billsum_train", "title": "To require implementation of the National Institutes of Health Guidelines for Research Using Human Pluripotent Stem Cells, and for other purposes."}
| 1,981 | 248 | 0.709618 | 2.098259 | 0.947735 | 5.682243 | 8.5 | 0.962617 |
OF INVESTIGATIONS INTO
RETALIATION.
(a) Report Required.--
(1) In general.--Under regulations prescribed by the
Secretary of Defense, the results of an investigation by an
office, element, or personnel of the Department of Defense or
the Armed Forces of a complaint by a member of the Armed Forces
of retaliation shall be reported to the member, including
whether the complaint was substantiated, unsubstantiated, or
dismissed.
(2) Members of coast guard.--The Secretary of Homeland
Security shall provide in a similar manner for reports on the
results of investigations by offices, elements, or personnel of
the Department of Homeland Security or the Coast Guard of such
complaints made by members of the Coast Guard when it is not
operating as a service in the Navy.
(b) Retaliation Defined.--In this section, the term ``retaliation''
has the meaning given the term by the Secretary of Defense in the
strategy required by section 539 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 818) or a
subsequent meaning specified by the Secretary.
SEC. 4. TRAINING FOR DEPARTMENT OF DEFENSE PERSONNEL ON SEXUAL ASSAULT
TRAUMA IN INDIVIDUALS CLAIMING RETALIATION IN CONNECTION
WITH REPORTS OF SEXUAL ASSAULT IN THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall ensure that the
personnel of the Department of Defense specified in subsection (b) who
investigate claims of retaliation in connection with reports of sexual
assault in the Armed Forces receive training on the nature and
consequences of sexual assault trauma. The training shall include such
elements as the Secretary shall specify for purposes of this section.
(b) Personnel.--The personnel of the Department of Defense
specified in this subsection are the following:
(1) Personnel of military criminal investigation services.
(2) Personnel of Inspectors General offices.
(3) Personnel of any command of the Armed Forces who are
assignable by the commander of such command to investigate
claims of retaliation made by or against members of such
command.
(c) Retaliation Defined.--In this section, the term ``retaliation''
has the meaning given the term by the Secretary of Defense in the
strategy required by section 539 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 818) or a
subsequent meaning specified by the Secretary.
SEC. 5. INCLUSION IN ANNUAL REPORTS ON SEXUAL ASSAULT PREVENTION AND
RESPONSE EFFORTS OF THE ARMED FORCE OF INFORMATION ON
COMPLAINTS OF RETALIATION IN CONNECTION WITH REPORTS OF
SEXUAL ASSAULT IN THE ARMED FORCES.
Section 1631(b) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended by adding at
the end the following new paragraph:
``(12) Information on each claim of retaliation in
connection with a report of sexual assault in the Armed Forces
made by or against a member of such Armed Force as follows:
``(A) A narrative description of each complaint.
``(B) The nature of such complaint, including
whether the complainant claims professional or social
retaliation.
``(C) The gender of the complainant.
``(D) The gender of the individual claimed to have
committed the retaliation.
``(E) The nature of the relationship between the
complainant and the individual claimed to have
committed the retaliation.
``(F) The nature of the relationship, if any,
between the individual alleged to have committed the
sexual assault concerned and the individual claimed to
have committed the retaliation.
``(G) The official or office that received the
complaint.
``(H) The organization that investigated or is
investigating the complaint.
``(I) The current status of the investigation.
``(J) If the investigation is complete, a
description of the results of the investigation,
including whether the results of the investigation were
provided to the complainant.
``(K) If the investigation determined that
retaliation occurred, whether the retaliation was an
offense under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).''.
SEC. 6. METRICS FOR EVALUATING THE EFFORTS OF THE ARMED FORCES TO
PREVENT AND RESPOND TO RETALIATION IN CONNECTION WITH
REPORTS OF SEXUAL ASSAULT IN THE ARMED FORCES.
(a) Metrics Required.--The Sexual Assault Prevention and Response
Office of the Department of Defense shall establish and issue to the
military departments metrics to be used to evaluate the efforts of the
Armed Forces to prevent and respond to retaliation in connection with
reports of sexual assault in the Armed Forces.
(b) Best Practices.--For purposes of enhancing and achieving
uniformity in the efforts of the Armed Forces to prevent and respond to
retaliation in connection with reports of sexual assault in the Armed
Forces, the Sexual Assault Prevention and Response Office shall
identify and issue to the military departments best practices to be
used in the prevention of and response to retaliation in connection
with such reports.
|
Military Retaliation Prevention Act This bill amends the Uniform Code of Military Justice to subject to punishment by a court-martial any person who, with the intent to retaliate against any individual for reporting a criminal offense or making a protected communication, or with the intent to discourage any individual from reporting a criminal offense or making a protected communication, wrongfully: takes or threatens to take an adverse personnel action against such individual, or withholds or threatens to withhold a favorable personnel action from such individual. "Protected communication" means a: lawful communication to a Member of Congress or an Inspector General; or communication to a specified individual or organization in which a service member complains of, or discloses information that the member reasonably believes constitutes evidence of, a violation of law or regulation, including sexual harassment or unlawful discrimination, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. The results of a Department of Defense (DOD) or Armed Forces investigation of a service member's complaint of retaliation shall be provided to such service member. DOD personnel who investigate claims of retaliation in connection with reports of sexual assault in the Armed Forces shall receive training on the nature and consequences of sexual assault trauma. The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 is amended to include information on claims of retaliation in the military departments' sexual assault prevention reports to DOD. DOD's Sexual Assault Prevention and Response Office shall establish metrics to evaluate efforts of the Armed Forces to prevent and respond to retaliation.
|
{"src": "billsum_train", "title": "Military Retaliation Prevention Act"}
| 1,223 | 377 | 0.534053 | 1.754367 | 0.61401 | 2.295082 | 3.354098 | 0.740984 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Migratory Bird Treaty Reform Act of
1996''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Migratory Bird Treaty Act was enacted in 1918 to
implement the 1916 Convention for the Protection of Migratory
Birds between the United States and Great Britain (for Canada).
The Act was later amended to reflect similar agreements with
Mexico, Japan, and the former Soviet Union.
(2) Pursuant to the Migratory Bird Treaty Act, as amended,
the Secretary of the Interior is authorized to promulgate
regulations specifying when, how, and whether migratory birds
may be hunted.
(3) Contained within these regulations are prohibitions on
certain methods of hunting migratory birds to prevent an
excessive harvest of the resource. These prohibitions, many of
which were recommended by sportsmen, have been in place for
over 60 years and have received broad acceptance among the
hunting community with one principal exception relating to the
application and interpretation of the prohibitions on the
hunting of migratory birds by the aid of baiting, or on or over
any baited area.
(4) The prohibitions regarding the hunting of migratory
birds by the aid of bait, or on or over bait, have been fraught
with interpretive difficulties on the part of law enforcement,
the hunting community, and courts of law. Hunters who desire to
comply with applicable regulations have been subject to
citation for violations of the regulations due to the lack of
clarity, inconsistent interpretations, and enforcement. The
baiting regulations have been the subject of multiple
congressional hearings and a law enforcement advisory
commission.
(5) Restrictions on the hunting of migratory birds by the
aid of baiting, or on or over any baited area, must be
clarified in a manner that recognizes the national and
international importance of protecting the migratory bird
resource while ensuring consistency and appropriate enforcement
including the principles of ``fair chase''. No baiting
restrictions should act as a detriment to the benefits of
habitat management including wildlife food crops.
SEC. 3. CLARIFYING HUNTING PROHIBITIONS.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is
amended as follows:
(1) By inserting ``(a)'' after ``Sec. 3.''.
(2) By adding at the end the following:
``(b) No person shall take migratory game birds--
``(1) with a trap, snare, net, rifle, pistol, swivel gun,
shotgun larger than 10 gauge, punt gun, battery gun, machine
gun, fish hook, poison, drug, explosive, or stupefying
substance;
``(2) with a shotgun of any description capable of holding
more than 3 shells, unless it is plugged with a one-piece
filler, incapable of removal without disassembling the gun, so
that its total capacity does not exceed 3 shells;
``(3) from or by means, aid, or use of a sinkbox or any
other type of low floating device, having a depression
affording a hunter a means of concealment beneath the surface
of the water;
``(4) from or by means, aid or use of any motor vehicle,
motor-driven land conveyance, or aircraft of any kind, except
that paraplegics and persons missing 1 or both legs may take
from any stationary motor vehicle or stationary motor-driven
land conveyance;
``(5)(A) except as provided in subparagraph (B), from or by
means of any motorboat or other craft having a motor attached,
or any sailboat, unless the motor has been completely shut off
and/or the sails furled, and its progress therefrom has ceased;
``(B) a craft under power may be used to retrieve dead or
crippled birds (except that crippled birds may not be shot from
such craft under power except in the seaduck area, as provided
by regulations issued by the Secretary of the Interior);
``(6) by means or aid of any motor-driven land, water, or
air conveyance, or any sailboat used for the purpose of or
resulting in the concentrating, driving, rallying or stirring
up of any migratory bird;
``(7) by the use or aid of live birds as decoys, including
on any area where tame or captive live ducks or geese are
present, unless such birds are and have been for a period of 10
consecutive days prior to such taking, confined within an
enclosure which substantially reduces the audibility of their
calls and totally conceals such birds from the sight of wild
migratory waterfowl;
``(8) by the use or aid of recorded or electrically
amplified bird calls or sounds, or recorded or electrically
amplified imitations of bird calls or sounds; and
``(9) while possessing shot (either in shotshells or loose
shot for muzzle-loading) other than steel shot, bismuth-tin
shot, or such other shot as may be approved as nontoxic by the
Secretary of the Interior; this paragraph applies only to the
taking of Anatidae (ducks, geese, including brant, and swans),
coots (Fulica americana) and any species that make up aggregate
bag limits during concurrent seasons with the former in areas
designated as nontoxic shot zones by the Secretary of the
Interior.
``(c)(1) No person shall take any migratory bird by the aid of
baiting, or on or over any baited area, where that person knows or
should have known through the exercise of reasonable diligence that
bait was present.
``(2) Nothing in this subsection shall prohibit--
``(A) the taking of all migratory game birds, including
waterfowl, on or over standing crops, flooded standing crops
(including aquatics), flooded harvested croplands, grain crops
properly shocked on the field where grown, or grains found
scattered solely as the result of normal agricultural planting
or harvesting;
``(B) the taking of all migratory game birds, except
waterfowl, on or over any lands where shelled, shucked, or
unshucked corn, wheat or other grain, salt, or other feed has
been distributed or scattered as a result of normal
agricultural operations or procedures or as a result of
manipulation of a crop or other feed on the land where grown
for wildlife management purposes; or
``(C) the taking of any migratory game birds, including
waterfowl, on or over moist soil on emergent marsh plants--
``(i) that are on the land where the plants were
grown;
``(ii) that have been mowed, chopped, disced, or
otherwise manipulated; and
``(iii) the presence of which is the result of
normal wetland habitat practices performed by the owner
of record or any agent of the owner.
``(3) For purposes of paragraph (2)(C), the term `moist soil on
emergent marsh plants'--
``(A) means those species of wetland plants which occur
naturally in unmanaged wetlands; and
``(B) includes, but is not limited to, watergrass/wild
millet (Eschinochloa spp.), smartweed (Polygonum spp.), bulrush
(Scirpus spp.), swamp timothy (Heleochloa schoenoides), spike
rush (Eleocharis spp.), wild rice (Zizania spp.), sedge
(Cyperus spp.), cocklebur (Xanthum spp.), sprangle top
(Leptochloa spp.), curly dock (Rumex spp.), Pigweed (Amaranthus
spp.), cattail (Typha spp.), beggarticks (Bidens spp.), giant
reed grass (Phragmites spp.), joint grass (Paspalum spp.),
johnson grass (Sorghum spp.), and goosefoot (Chenopodium spp.).
``(4) As used in this subsection:
``(A) The term `baiting' means the intentional placing,
exposing, depositing, distributing, or scattering of shelled,
shucked, or unshucked corn, wheat or other grain, salt, or
other feed that constitutes for such birds an attraction, on or
over any areas where hunters are attempting to take migratory
game birds.
``(B) The term `baited area' means any area where shelled,
shucked, or unshucked corn, wheat or other grain, salt, or
other feed whatsoever capable of attracting migratory game
birds is intentionally placed, exposed, deposited, distributed,
or scattered; such an area shall remain a baited area for 10
days following complete removal of all such corn, wheat or
other grain, salt, or other feed.
``(C)(i) The term `normal agricultural operations' includes
the growing of crops where harvesting does not take place,
planting for erosion control, top sowing of crops, and
distribution or scattering of grains if such operations are
normal in a region, except that the term shall not include the
distributing or scattering of grain or other feed once it has
been removed from or stored on a field where grown unless it is
for a normal agricultural operation for feed for farm animals
in the region.
``(ii) Any other activity may be considered to be a normal
agricultural operation only if the Secretary of the Interior,
after meaningful consultation with the director of appropriate
cooperative State research, education, and extension services,
State fish and wildlife agencies, and State extension
agricultural offices--
``(I) determines that the activity is normal within
the specific regional area in which it occurs; and
``(II) publishes the determination annually in the
Federal Register in conjunction with other migratory
bird hunting regulations, after public review and
comment.
``(D) The terms `attraction' and `attracting' mean that the
bait was a major contributing factor in luring the migratory
birds to within a reasonable shotgun range given other such
factors as the geographic location of the hunting venue, the
physical characteristics of the hunting area, and the hunting
methods used by the hunters.''.
SEC. 4. ACQUISITION OF MIGRATORY BIRD REFUGES.
Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) is
amended as follows:
(1) By redesignating subsection ``(c)'' as subsection
``(d)''.
(2) By inserting after subsection (b), the following:
``(c) All fines and penalties assessed and recovered under this
provision shall be deposited into the migratory bird conservation fund
established under section 4 of the Act of March 16, 1934 (16 U.S.C.
718d) to be used only for the location, ascertainment, and acquisition
of suitable areas for migratory bird refuges under this Act.''.
SEC. 5. PENALTIES.
Section 6(c) of the Migratory Bird Treaty Act (16 U.S.C. 707(c)) is
amended as follows:
(1) By striking ``All guns,'' and inserting ``(1) Except as
provided in paragraph (2), all guns''.
(2) By adding the following at the end:
``(2) In lieu of seizing any personal property, the Secretary of
the Interior shall permit the owner or operator of the personal
property to post bond or other surety pending the disposition of any
proceeding under this Act.''.
|
Migratory Bird Treaty Reform Act of 1996 - Amends the Migratory Bird Treaty Act (the Act) to prohibit persons from taking migratory game birds: (1) with a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance or with a shotgun of any description capable of holding more than three shells; (2) from or by means, aid, or use of a sinkbox or any other type of low floating device having a depression affording a hunter a means of concealment beneath the surface of the water; (3) from or by means, aid or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance; (4) from or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and or the sails furled, and its progress therefrom has ceased (allows a powered craft to be used to retrieve dead or crippled birds, except that crippled birds may not be shot from such craft except in the seaduck area, as provided by regulations issued by the Secretary of the Interior); (5) by means or aid of any motor-driven land, water, or air conveyance or any sailboat used for the purpose of, or resulting in, the concentrating, driving, rallying, or stirring up of any migratory bird; (6) by the use or aid of live birds as decoys, including on areas where tame or captive live ducks or geese are present, unless such birds are and have been for a period of ten consecutive days before such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl; (7) by the use or aid of recorded or electrically amplified bird calls or sounds or of imitations thereof; or (8) while possessing shot (either in shotshells or loose shot for muzzle-loading) other than steel shot, bismuth-tin shot, or such other shot as may be approved as nontoxic by the Secretary (applicable to the taking of Anatidae (ducks, geese, including brant, and swans), coots (Fulica americana) and any species that make up aggregate bag limits during concurrent seasons with the former in areas designated as nontoxic shot zones by the Secretary).
Prohibits persons from taking migratory birds by the aid of baiting, or on or over any baited area, where they know or should have known through the exercise of reasonable diligence that bait was present.
(Sec. 4) Requires all fines and penalties assessed and recovered under this Act to be deposited into the migratory bird conservation fund to be used only for the location, ascertainment, and acquisition of suitable areas for migratory bird refuges under the Act.
(Sec. 5) Amends penalty provisions of such Act to provide that in lieu of seizing any personal property, the Secretary shall permit the owner or operator of such property to post bond or other surety pending the disposition of any proceeding under the Act.
|
{"src": "billsum_train", "title": "Migratory Bird Treaty Reform Act of 1996"}
| 2,638 | 781 | 0.487637 | 1.67506 | 0.317546 | 8.528213 | 3.669279 | 0.973354 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Government Amendments to the
Homeland Security Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) there is a government-to-government relationship
between the United States and each Indian tribal government;
(2) through statutes and treaties, Congress has recognized
the inherent sovereignty of Indian tribal governments and the
rights of Native people to self-determination and self-
governance;
(3) each Indian tribal government possesses the inherent
sovereign authority--
(A)(i) to establish its own form of government;
(ii) to adopt a constitution or other organic
governing documents; and
(iii) to establish a tribal judicial system; and
(B) to provide for the health and safety of those
who reside on tribal lands, including the provision of
law enforcement services on lands under the
jurisdiction of the tribal government;
(4) tribal emergency response providers, such as tribal
emergency public safety officers, law enforcement officers,
emergency response personnel, emergency medical personnel and
facilities (including tribal and Indian Health Service
emergency facilities), and related personnel, agencies, and
authorities--
(A) play a crucial role in providing for the health
and safety of those who reside on tribal lands; and
(B) are necessary components of a comprehensive
system to secure the homeland of the United States;
(5) there are more than 25 Indian tribes that have primary
jurisdiction over--
(A) lands within the United States that is adjacent
to the Canadian or Mexican border; or
(B) waters of the United States that provide direct
access by boat to lands within the United States;
(6) the border lands under the jurisdiction of Indian
tribal governments comprises more than 260 miles of the
approximately 7,400 miles of international border of the United
States;
(7) numerous Indian tribal governments exercise criminal,
civil, and regulatory jurisdiction over lands on which dams,
oil and gas deposits, nuclear or electrical power plants, water
and sanitation systems, or timber or other natural resources
are located; and
(8) the involvement of tribal governments in the protection
of the homeland of the United States is essential to the
comprehensive maintenance of the homeland security of the
United States.
(b) Purposes.--The purposes of this Act are to ensure that--
(1) the Department of Homeland Security consults with,
involves, coordinates with, and includes Indian tribal
governments in carrying out the mission of the Department under
the Homeland Security Act of 2002 (Public Law 107-296); and
(2) Indian tribal governments participate fully in the
protection of the homeland of the United States.
SEC. 3. TABLE OF CONTENTS; DEFINITIONS.
(a) Table of Contents.--The table of contents of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by
striking the item relating to section 801 and inserting the following:
``Sec. 801. Office of State, Tribal, and Local Government
Coordination.''.
(b) Definitions.--Section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101) is amended--
(1) in paragraph (6), by inserting ``tribal,'' after
``State,'';
(2) by redesignating paragraphs (9), (10), (11), (12),
(13), (14), (15), and (16) as paragraphs (10), (11), (12),
(13), (14), (15), (16), and (19), respectively;
(3) by inserting after paragraph (8) the following:
``(9) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community located in the continental United States (excluding
the State of Alaska) that is recognized as being eligible for
the special programs and services provided by the United States
to Indians because of their status as Indians.''; and
(4) by inserting after paragraph (16) (as redesignated by
paragraph (2)) the following:
``(17) Tribal college or university.--The term `tribal
college or university' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
``(18) Tribal government.--The term `tribal government'
means the governing body of an Indian tribe that is recognized
by the Secretary of the Interior.''.
SEC. 4. DEPARTMENT OF HOMELAND SECURITY.
(a) Secretary; Functions.--Section 102 of the Homeland Security Act
of 2002 (6 U.S.C. 112) (as amended by section 7402 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)) is
amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``Office of State and Local Coordination'' and
inserting ``Office of State, Tribal, and Local
Government Coordination and Preparedness''; and
(B) in paragraphs (1), (2), and (3), by inserting
``, tribal,'' after ``State'' each place it appears;
and
(2) in subsection (f)--
(A) in paragraph (8), by inserting ``tribal,''
after ``State,''; and
(B) in paragraph (10), by striking ``Office of
State and Local Government Coordination and
Preparedness'' and inserting ``Office of State, Tribal,
and Local Government Coordination and Preparedness''.
(b) Conforming Amendment.--Section 7405 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 112 note; Public Law
108-458) is amended by striking ``Office of State and Local Government
Coordination and Preparedness'' and inserting ``Office of State,
Tribal, and Local Government Coordination and Preparedness''.
SEC. 5. INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION.
(a) Directorate for Information Analysis and Infrastructure
Protection.--Section 201(d) of the Homeland Security Act of 2002 (6
U.S.C. 121(d)) is amended--
(1) in paragraphs (1), (3), (6), (7)(B), (8), (9), (11),
(13), and (16), by inserting ``, tribal,'' after ``State'' each
place it appears; and
(2) in paragraph (17), by inserting ``tribal,'' after
``State,''.
(b) Access to Information.--Section 202(d)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 122(d)(2)) is amended by inserting ``,
tribal,'' after ``State''.
(c) Protection of Voluntarily Shared Critical Infrastructure
Information.--Section 214 of the Homeland Security Act of 2002 (6
U.S.C. 133) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (D)(ii)(II), by striking
``General Accounting Office.'' and inserting
``Government Accountability Office;''; and
(B) in subparagraph (E), by inserting ``, tribal,''
after ``State'' each place it appears;
(2) in subsection (c), by inserting ``tribal,'' after
``State,''; and
(3) in subsection (e)(2)(D), by inserting ``, tribal,''
after ``State''.
(d) Enhancement of Non-Federal Cybersecurity.--Section 223(1) of
the Homeland Security Act of 2002 (6 U.S.C. 143(1)) is amended by
inserting ``, tribal,'' after ``State''.
(e) Mission of Office; Duties.--Section 232 of the Homeland
Security Act of 2002 (6 U.S.C. 162) is amended--
(1) in subsection (a)(2), by inserting ``tribal,'' after
``State,'';
(2) in subsection (b)--
(A) in paragraphs (2) and (3), by inserting
``tribal,'' after ``State,'' each place it appears;
(B) in paragraph (6)--
(i) in the matter preceding subparagraph
(A), by inserting ``tribal,'' after ``State,'';
and
(ii) in subparagraph (H), by inserting ``,
tribal,'' after ``State''; and
(C) in paragraphs (9), (11), and (14), by inserting
``, tribal,'' after ``State'' each place it appears;
and
(3) in subsection (g)(1)(A), by inserting ``tribal,'' after
``State,''.
(f) National Law Enforcement and Corrections Technology Centers.--
Section 235(d) of the Homeland Security Act of 2002 (6 U.S.C. 165(d))
is amended by inserting ``tribal,'' after ``State,''.
SEC. 6. SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY.
(a) Responsibilities and Authorities of the Undersecretary for
Science and Technology.--Section 302(6) of the Homeland Security Act of
2002 (6 U.S.C. 182(6)) is amended by inserting ``tribal,'' after
``State,''.
(b) Conduct of Certain Public Health-related Activities.--Section
304(a) of the Homeland Security Act of 2002 (6 U.S.C. 184(a)) is
amended by inserting ``and the Indian Health Service'' after ``Public
Health Service''.
(c) Conduct of Research, Development, Demonstration, Testing, and
Evaluation.--Section 308(b) of the Homeland Security Act of 2002 (6
U.S.C. 188(b)) is amended--
(1) in paragraph (1)(A), by striking ``colleges,
universities,'' and inserting ``colleges and universities
(including tribal colleges and universities),''; and
(2) in paragraph (2)(B), by inserting ``(including tribal
colleges or universities)'' after ``universities''.
(d) Utilization of Department of Energy National Laboratories and
Sites in Support of Homeland Security Activities.--Section 309(d) of
the Homeland Security Act of 2002 (6 U.S.C. 189(d)) is amended by
inserting ``, tribal,'' after ``State''.
(e) Homeland Security Institute.--Section 312(d) of the Homeland
Security Act of 2002 (6 U.S.C. 192(d)) is amended by inserting ``tribal
colleges and universities,'' after ``education,''.
(f) Technology Clearinghouse to Encourage and Support Innovative
Solutions to Enhance Homeland Security.--Section 313 of the Homeland
Security Act of 2002 (6 U.S.C. 193) is amended--
(1) in paragraphs (1) and (4) of subsection (b), by
inserting ``tribal,'' after ``State,'' each place it appears;
and
(2) in subsection (c)(1), by inserting ``, tribal,'' after
``State''.
SEC. 7. DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY.
(a) Office for Domestic Preparedness.--Section 430(c)(5) of the
Homeland Security Act of 2002 (6 U.S.C. 238(c)(5)) is amended by
inserting ``, tribal,'' after ``State''.
(b) Report on Improving Enforcement Functions.--Section 445(b) of
the Homeland Security Act of 2002 (6 U.S.C. 255(b)) is amended by
inserting ``, tribal,'' after ``heads of State''.
SEC. 8. EMERGENCY PREPAREDNESS AND RESPONSE.
(a) Responsibilities.--Section 502(5) of the Homeland Security Act
of 2002 (6 U.S.C. 312(5)) is amended by inserting ``tribal,'' after
``State,''.
(b) Conduct of Certain Public Health-related Activities.--Section
505(a) of the Homeland Security Act of 2002 (6 U.S.C. 315(a)) is
amended--
(1) by inserting ``tribal,'' after ``State,''; and
(2) by inserting ``and the Indian Health Service'' after
``Public Health Service''.
SEC. 9. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES
OF THE UNITED STATES AND OTHER GOVERNMENTAL
ORGANIZATIONS.
Section 601(c)(9)(B) of the Homeland Security Act of 2002 (6 U.S.C.
331(c)(9)(B)) is amended by inserting ``tribal,'' after ``State,''.
SEC. 10. COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL
PROVISIONS.
(a) Office for State and Local Government Coordination.--Section
801 of the Homeland Security Act of 2002 (6 U.S.C. 361) is amended--
(1) in the section heading, by inserting ``, tribal,''
after ``state'';
(2) in subsection (a)--
(A) by inserting ``, Tribal,'' after ``Office for
State''; and
(B) by inserting ``, tribal,'' after
``relationships with State''; and
(3) in subsection (b), by inserting ``, tribal,'' after
``State'' each place it appears.
(b) Definitions for Support Anti-Terrorism by Fostering Effective
Technologies Act.--Section 865(6) of the Homeland Security Act of 2002
(6 U.S.C. 444(6)) is amended by inserting ``, tribal,'' after
``State''.
(c) Regulatory Authority and Preemption.--Section 877(b) of the
Homeland Security Act of 2002 (6 U.S.C. 457(b)) is amended--
(1) in the subsection heading, by inserting ``, Tribal,''
after ``State''; and
(2) by inserting ``, tribal,'' after ``State'' each place
it appears.
(d) Information Sharing.--Section 891 of the Homeland Security Act
of 2002 (6 U.S.C. 481) is amended--
(1) in subsection (b)--
(A) in paragraphs (2), (4), (5), (7), (8), and (9),
by inserting ``, tribal,'' after ``State'' each place
it appears;
(B) in paragraph (6)--
(i) by inserting ``, tribal,'' after
``certain State''; and
(ii) by inserting ``tribal,'' after
``State,''; and
(C) in paragraphs (10) and (11), by inserting
``tribal,'' after ``State,'' each place it appears; and
(2) in subsection (c), by inserting ``tribal,'' after
``State,''.
(e) Facilitating Homeland Security Information Sharing
Procedures.--Section 892 of the Homeland Security Act of 2002 (6 U.S.C.
482) is amended--
(1) in subsection (a)(1)(A), by inserting ``, tribal,''
after ``State'';
(2) in paragraphs (1), (2)(D), and (6) of subsection (b),
by inserting ``, tribal,'' after ``State'' each place it
appears;
(3) in subsection (c)--
(A) in the subsection heading, by inserting ``,
tribal,'' after ``State''; and
(B) by inserting ``, tribal,'' after ``State'' each
place it appears;
(4) in subsection (e), by inserting ``, tribal,'' after
``State'' each place it appears;
(5) in subsection (f)--
(A) in paragraph (1), by inserting ``tribal,''
after ``State,''; and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by inserting ``, tribal,'' after
``State'';
(ii) in subparagraph (A), by inserting
``tribally or'' after ``other'';
(iii) in subparagraph (B), by inserting ``,
tribal,'' after ``State''; and
(iv) in subparagraph (D), by inserting
``tribal,'' after ``State,''; and
(6) in subsection (g), by inserting ``, tribal,'' after
``State''.
(f) Report.--Section 893(a) of the Homeland Security Act of 2002 (6
U.S.C. 483(a)) is amended in the second sentence by inserting
``tribal,'' after ``State,''.
SEC. 11. DEPARTMENT OF JUSTICE DIVISIONS.
Section 1114(b) of the Homeland Security Act of 2002 (6 U.S.C.
532(b)) is amended by inserting ``tribal,'' after ``State,''.
SEC. 12. AMENDMENTS TO OTHER LAWS.
(a) Cyber Security Enhancement Act of 2002.--
(1) Emergency disclosure exception.--Section 2702(b)(8) of
title 18, United States Code, is amended by inserting
``tribal,'' after ``State,''.
(2) Protecting privacy.--Section 2701(b)(1) of title 18,
United States Code, is amended by inserting ``or Indian tribe''
after ``or any State''.
(b) National Institute of Justice.--Section 202(c)(11) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3722(c)(11)) is amended by inserting ``tribal,'' after ``State,''.
(c) Homeland Security Funding Analysis in President's Budget.--
Section 1105(a)(33)(A)(iii) of title 31, United States Code, is amended
by inserting ``, tribal,'' after ``State''.
(d) Authority to Share Electronic, Wire, and Oral Interception
Information.--Section 2517(8) of title 18, United States Code, is
amended by inserting ``tribal,'' after ``State,'' each place it
appears.
(e) Foreign Intelligence Information.--Section 203(d)(1) of the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
2001 (50 U.S.C. 403-5d) is amended by inserting ``tribal,'' after
``State,'' each place it appears.
(f) Foreign Intelligence Surveillance.--
(1) Information acquired from an electronic surveillance.--
Section 106(k)(1) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1806(k)(1)) is amended by inserting ``or
Indian tribe'' after ``subdivision)''.
(2) Information acquired from a physical search.--Section
305(k)(1) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1825(k)(1)) is amended by inserting ``or Indian
tribe'' after ``subdivision)''.
(g) Transfer of Certain Security and Law Enforcement Functions and
Authorities.--Section 1315 of title 40, United States Code (as amended
by section 1706(b)(1) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2316)), is amended--
(1) in subsection (d)(3), by inserting ``tribal,'' after
``State,''; and
(2) in subsection (e), by inserting ``, tribal,'' after
``State'' each place it appears.
SEC. 13. AUTHORIZATION FOR DIRECT FUNDING.
The Secretary of Homeland Security may provide any funds made
available under the Homeland Security Act of 2002 (Public Law 107-296)
directly to any Indian tribe, band, nation, or other organized group or
community located in the continental United States (excluding the State
of Alaska) that is recognized as being eligible for the special
programs and services provided by the United States to Indians because
of their status as Indians.
|
Tribal Government Amendments to the Homeland Security Act of 2002 (sic) - Amends the Homeland Security Act of 2002, as amended by the Intelligence Reform and Terrorism Prevention Act of 2004, to include the participation of Indian tribes with respect to specified activities of the Secretary of Homeland Security.
Amends the Cyber Security Enhancement Act of 2002, the Omnibus Crime Control and Safe Streets Act of 1968, the Federal Rules of Criminal Procedure, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act), and the Foreign Intelligence Surveillance Act of 1978 to include Indian tribes among the participating entities.
Authorizes the Secretary to provide for funds made available under the Homeland Security Act of 2002 directly to any Indian tribe, band, nation, or other organized group or community located in the continental United States that is recognized as being eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
|
{"src": "billsum_train", "title": "A bill to amend the Homeland Security Act of 2002 to include Indian tribes among the entities consulted with respect to activities carried out by the Secretary of Homeland Security, and for other purposes."}
| 4,860 | 224 | 0.532262 | 1.325323 | 0.71231 | 5.776596 | 21.670213 | 0.925532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Filipino Veterans of World War II
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) President Franklin Delano Roosevelt issued an order
commissioning around 250,000 troops from the Philippines into
active service for the United States during World War II.
(2) The United States War Department immediately formed the
United States Armed Forces in the Far East (USAFFE). The unit
was made up of the United States-Philippine Military Forces of
the Commonwealth Army, Guerrilla Units, New Philippine Scout.
(3) The Filipino Infantry Regiment, was mostly composed of
first-generation immigrants living along the Pacific Coast, who
volunteered after the Japanese attack on Pearl Harbor in 1941,
later many second-generation Filipino-American soldiers joined
the Regiment from Hawaii.
(4) The Philippine Scout units and the New Philippine
Scouts were directly recruited by the United States Army for
the war effort.
(5) Under extremely severe occupation policies imposed by
the Japanese, it was the anti-Japanese resistance movement that
drew more and more Filipinos to its side and through 1943 many
of these anti-Japanese guerrillas recovered or newly
established liaisons with the United States Army Command of the
Southwest Pacific Area and placed themselves under the command
of General Douglas MacArthur.
(6) These Filipino soldiers responded to President
Roosevelt's call-to-arms and later fought under the American
flag during World War II.
(7) After the Japanese invasion in December 1941, Filipino
and American troops literally shared the same fate at Bataan,
Corregidor, and the ``Death March''.
(8) Many made the ultimate sacrifice as both soldiers in
the United States Armed Forces in the Far East and as guerilla
fighters during the Imperial Japanese occupation of the
Philippines.
(9) These troops had served under the expectation that they
would be treated as United States military servicemembers.
(10) The Rescission Act of 1946 later passed, which stated
that Filipino forces would not be deemed to have been active
military.
(11) Congress recognizes the courage and bravery of the
Filipino and Filipino American servicemen and servicewomen who
have fought alongside and in the United States Armed Forces.
(12) The United States remains forever indebted to the
bravery, valor, and dedication to country these men displayed.
(13) Their commitment and sacrifice demonstrates a highly
uncommon and commendable sense of patriotism and honor.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design to the Filipino Veterans of World War II,
collectively in recognition of their dedicated service during World War
II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of the Filipino Veterans of World War II under subsection
(a), the gold medal shall be given to the Smithsonian
Institution, where it will be displayed as appropriate and made
available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other appropriate locations associated with the
Filipino Veterans of World War II.
SEC. 4. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 3, at a price sufficient to cover the costs of the
medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--Medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, an
amount not to exceed $30,000 to pay for the cost of the medal
authorized under section 3.
(b) Proceeds of the Sale.--Amounts received from the sale of
duplicate bronze medals under section 4 shall be deposited in the
United States Mint Public Enterprise Fund.
SEC. 7. DEFINITION.
For purposes of this Act, the term ``Filipino Veterans of World War
II'' shall apply to anyone who served honorably--
(1) in an active-duty status under the command of the
United States Armed Forces in the Far East; or
(2) within the Philippine Army, the Philippine Scouts, or
recognized guerrilla units, at any time during the period
beginning September 1, 1939, and ending December 31, 1946.
|
Filipino Veterans of World War II Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the award, on behalf of Congress, of a single gold medal collectively to the Filipino Veterans of World War II (Veterans) in recognition of their dedicated service during such War. States that such medal shall be given to the Smithsonian Institution (Smithsonian) for display. Expresses the sense of Congress that the Smithsonian should make the medal available for display elsewhere, particularly at locations associated with the Veterans.
|
{"src": "billsum_train", "title": "Filipino Veterans of World War II Congressional Gold Medal Act"}
| 1,201 | 131 | 0.426664 | 1.186063 | 0.621905 | 4.759259 | 10.175926 | 0.981481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gray Market Drug Reform and
Transparency Act of 2012''.
SEC. 2. PROHIBITION AGAINST WHOLESALE DISTRIBUTORS PURCHASING
PRESCRIPTION DRUGS FROM PHARMACIES.
(a) Prohibited Act.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(aaa) The purchase or receipt by any person required to report
under section 510(b)(3) (relating to wholesale distributors of
prescription drugs) of any drug subject to section 503(b)(1) from a
pharmacy or pharmacist, except that this paragraph does not apply to
the return of a drug to the wholesale distributor from which the
particular drug was purchased.''.
(b) Misbranding.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the
following:
``(aa) If it is purchased or received in violation of section
301(aaa) (prohibiting the purchase or receipt of prescription drugs by
wholesale distributors from pharmacists).''.
SEC. 3. REPORTING BY WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS.
(a) Reporting Requirement.--
(1) In general.--Section 510 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360) is amended--
(A) in subsection (b), by adding at the end the
following:
``(3) On or before December 31 of each year, every person engaged
in the wholesale distribution in interstate commerce of drugs subject
to section 503(b)(1) shall report to the Secretary such person's name,
contact information for such person's principal officer (or the
designee thereof), such person's places of business, such person's
licensing information (including the type of license and expiration
date) for each State in which such person is so engaged, and such other
information as the Secretary deems appropriate.'';
(B) in subsection (c), by adding at the end:
``Every person upon first engaging in the wholesale
distribution in interstate commerce of drugs subject to
section 503(b)(1) shall immediately report to the
Secretary the information described in subsection
(b)(3).''; and
(C) in subsection (d), by adding at the end the
following: ``Every person duly reporting in accordance
with the foregoing subsections shall immediately report
to the Secretary with respect to any additional
establishment which the person owns or operates in any
State and in which the person begins the wholesale
distribution in interstate commerce of drugs subject to
section 503(b)(1).''.
(2) Reporting number.--Subsection (e) of section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is
amended--
(A) by striking ``registration number'' and
inserting ``registration or reporting number''; and
(B) by inserting ``or reporting in accordance with
subsections (b)(3), (c), or (d)'' after ``registered in
accordance with this section''.
(3) Public availability; database.--Subsection (f) of
section 510 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360) is amended--
(A) by striking ``(f)'' and inserting ``(f)(1)'';
and
(B) by adding at the end the following:
``(2)(A) The Secretary, acting directly or by entering into a
contract with a private entity, shall establish and maintain a database
including all information reported under subsection (b)(3), the second
sentence of subsection (c), and the second sentence of subsection (d).
``(B) Subject to subparagraph (C), the Secretary shall make the
information in such database publicly available, including on the
public Website of the Food and Drug Administration.
``(C) The Secretary may choose to restrict the Secretary's
disclosure of any information reported under subsection (b)(3), (c), or
(d)--
``(i) that relates to a storage facility; and
``(ii) whose disclosure would, as determined by the
Secretary, compromise the security of such facility.''.
(4) Conforming amendments.--
(A) Section 301(p) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331(p)) is amended by inserting
``the failure to report in accordance with subsection
(b)(3), (c), or (d) of section 510,'' after ``The
failure to register in accordance with section 510 or
905,''.
(B) Section 502(o) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352(o)) is amended by inserting
``if it was distributed in interstate commerce by a
person in violation of the reporting requirements of
subsection (b)(3), (c), or (d) of section 510,'' before
``if it was not included''.
(C) Section 510 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360) is amended--
(i) in subsection (g)--
(I) in paragraph (3), by adding
``or'' at the end;
(II) by striking paragraph (4);
(III) by redesignating paragraph
(5) as paragraph (4);
(IV) in paragraph (4) (as so
redesignated), by inserting ``or
reporting, as applicable,''; and
(V) by striking the matter
following paragraph (4) (as so
redesignated);
(ii) in subsection (h), by adding at the
end the following: ``Every establishment in any
State used by a person required to report under
subsection (b)(3), (c), or (d) for the
wholesale distribution in interstate commerce
of drugs subject to section 503(b)(1) shall be
subject to inspection pursuant to section
704.''; and
(iii) in subsection (j), by adding at the
end the following:
``(4) The provisions of this subsection shall apply with respect to
a person required to report under subsection (b)(3), (c), or (d) for
the wholesale distribution in interstate commerce of drugs subject to
section 503(b)(1) to the same extent and in the same manner as such
provisions apply to persons required to register under subsection (b),
(c), (d), or (i), except that--
``(A) any reference to manufacturing shall be treated as a
reference to wholesale distribution; and
``(B) any reference to a drug shall be treated as a
reference to a drug subject to section 503(b)(1).''; and
(D) in subsection (p), by inserting ``and reports
under subsection (b)(3), (c), and (d)'' before ``shall
be submitted''.
(b) Information on State Actions Against Wholesale Distributors of
Prescription Drugs.--Paragraph (2) of section 510(f) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360(f)), as added by subsection
(a)(3)(B) of this section, is amended--
(1) in subparagraph (A), by adding at the end of the
subparagraph the following: ``Such database shall also include
information on actions (such as suspension or revocation of
licensing) taken by States against persons engaged in wholesale
distribution of drugs subject to section 503(b)(1).''; and
(2) by adding at the end the following:
``(D) The Secretary shall encourage States to
report the type of information described in the second
sentence of subparagraph (A) to the Food and Drug
Administration--
``(i) in a consistent manner; and
``(ii) on a voluntary basis.''.
(c) Fees for Reporting.--Subchapter C of chapter VII (21 U.S.C.
379f et seq.) is amended by adding at the end the following:
``PART 7--FEES RELATING TO WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS
``SEC. 744. AUTHORITY TO ASSESS AND COLLECT FEES.
``(a) In General.--For fiscal year 2013 and each subsequent fiscal
year, the Secretary shall assess and collect fees under this section
from each person that reports under section 510(b)(3) to engage in the
wholesale distribution in interstate commerce of drugs subject to
section 503(b)(1).
``(b) Establishment of Amount.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the Gray Market Drug Reform and Transparency
Act of 2012, the Secretary shall promulgate a final regulation
establishing the amount of fees under this section for the
period of fiscal years 2013 through 2017 so as to generate a
total revenue amount not exceeding the Secretary's estimate of
100 percent of the costs described in subsection (c) during
such period.
``(2) Consideration.--In establishing the amount of fees
under this section, the Secretary shall take into consideration
the amount of annual revenues of a person to be assessed such
fees in comparison with the amount of annual revenues of other
persons to be assessed such fees.
``(c) Costs To Be Funded Through Fees.--The fees authorized by this
section shall only be collected and available to pay the costs incurred
by the Food and Drug Administration in--
``(1) implementing the reporting requirement under section
510(b)(3); and
``(2) establishing and maintaining an up-to-date database
of the information collected pursuant to such requirement.
``(d) Crediting and Availability Fees.--Fees authorized under
subsection (a) shall be collected and available for obligation only to
the extent and in the amount provided in advance in appropriation Acts.
Such fees are authorized to remain available until expended. Such sums
as may be necessary may be transferred from the Food and Drug
Administration salaries and expenses appropriation account without
fiscal year limitation to such appropriation account for salaries and
expenses with such fiscal year limitation. The sums transferred shall
be available solely for the costs described in subsection (c).
``(e) Authorization of Appropriations.--For each of the fiscal
years 2013 through 2017, there is authorized to be appropriated for
fees under this section an amount equal to the total revenue amount
determined under subsection (b) for the fiscal year.
``(f) Offset.--If the sum of the cumulative amount of fees
collected under this section for the fiscal years 2013 through 2015 and
the amount of fees estimated to be collected under this section for
fiscal year 2016 exceeds the cumulative amount appropriated pursuant to
subsection (e) for the fiscal years 2013 through 2016, the excess shall
be credited to the appropriation account of the Food and Drug
Administration as provided in subsection (d), and shall be subtracted
from the amount of fees that would otherwise be authorized to be
collected under this section pursuant to appropriation Acts for fiscal
year 2017.''.
SEC. 4. IDENTIFICATION OF SALES PRICE FOR DRUGS IN SHORTAGE.
(a) Identification of Sales Price for Drugs in Shortage.--Paragraph
(1) of section 503(e) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353(e)) is amended--
(1) in subparagraph (A), by inserting before the period at
the end the following: ``, the amount paid for such drug by the
person receiving it if such drug is in shortage at the time of
the sale, and the amount paid for such drug for any prior sale
that occurred at a time when such drug was in shortage''; and
(2) by adding at the end the following new subparagraph:
``(C) In this paragraph, the term `in shortage' means listed on the
public Website of the Food and Drug Administration, at the time of the
sale to be identified in the statement required by subparagraph (A), as
being in shortage.''.
(b) Applicability.--The amendment made by subsection (a) applies
only with respect to sales of a drug occurring on or after the date
that is 1 year after the date of the enactment of this Act.
|
Gray Market Drug Reform and Transparency Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) make it a prohibited act and a misbranding for a wholesale distributor of prescription drugs to purchase or receive a prescription drug from a pharmacy or a pharmacist, (2) require annual reporting by wholesale distributors of prescription drugs, (3) require the Secretary of Health and Human Services (HHS) to establish and maintain a national database of information reported by wholesale distributors of prescription drugs and to require such database to include information on actions taken by states against wholesale distributors (e.g., disciplinary actions and license revocations), (4) require the Secretary to assess and collect fees from wholesale distributors of prescription drugs, and (5) require wholesale distributors of prescription drugs to provide to recipients of a prescription drug in shortage the sales price for such drug at the time of its sale and at the time of any prior sale of such drug when it was in shortage.
|
{"src": "billsum_train", "title": "To prohibit wholesalers from purchasing prescription drugs from pharmacies, and to enhance information and transparency regarding drug wholesalers engaged in interstate commerce."}
| 2,815 | 210 | 0.587007 | 1.592909 | 0.831118 | 2.910526 | 13.278947 | 0.9 |
SECTION 1. SHORT TITLE: FINDINGS.
(a) Short Title.--This Act may be cited as the ``Drug Court
Reauthorization Act''.
(b) Findings.--The Congress finds the following:
(1) Studies have concluded that drug courts significantly
reduce crime by as much as 35 percent more than other
sentencing options.
(2) Nationwide, 75 percent of participants who successfully
complete a drug court program remain arrest-free for at least 2
years after leaving the program, and some studies demonstrate
that many graduates remain arrest-free for many more years.
(3) Drug courts are 6 times more likely than other
sentencing options to keep offenders in treatment long enough
to recover, and in programs with less supervision than drug
courts, 70 percent of participants drop out of treatment
permanently.
(4) Nationwide, for every $1 invested in drug courts,
taxpayers save as much as $3.36.
(5) In 2007, for every Federal dollar invested in drug
courts, $9 was leveraged in State funding.
SEC. 2. DRUG COURTS.
(a) In General.--Part EE of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797u et seq.) is amended to read as
follows:
``PART EE--DRUG COURTS
``SEC. 2951. GRANT AUTHORITY.
``(a) In General.--The Attorney General may make grants to States,
State courts, local courts, units of local government, and Indian
tribal governments, acting directly or through agreements with other
public or private entities, for adult drug courts, juvenile drug
courts, family drug courts, and tribal drug courts that involve--
``(1) continuing judicial supervision over offenders, and
other individuals under the jurisdiction of the court, with
substance abuse problems;
``(2) coordination with the appropriate State or local
court, State or local substance abuse treatment authority,
public defender, and prosecutor; and
``(3) the integrated administration of other sanctions and
services, which shall include--
``(A) mandatory periodic testing for the use of
controlled substances or other addictive substances
during any period of supervised release or probation
for each participant;
``(B) substance abuse treatment for each
participant, commensurate with the clinical needs of
the participant;
``(C) diversion, probation, or other supervised
release involving the possibility of prosecution,
confinement, or incarceration based on noncompliance
with program requirements or failure to show
satisfactory progress;
``(D) offender management and aftercare services
such as relapse prevention, health care, education,
vocational training, job placement, housing placement,
and child care or other family support services for
each participant who requires such services;
``(E) payment, in whole or part, by the offender of
treatment costs, to the extent the court determines
that such payment is practicable, such as costs for
urinalysis or counseling; and
``(F) payment, in whole or part, by the offender of
restitution, to the extent the court determines that
such payment is practicable, to either a victim of the
offender's offense or to a restitution or similar
victim support fund.
``(b) Limitation.--Economic sanctions imposed on an offender
pursuant to this section shall not be at a level that would interfere
with the offender's rehabilitation.
``(c) Mandatory Drug Testing and Mandatory Sanctions.--
``(1) Mandatory testing.--Grant amounts under this part may
be used for a drug court only if such court has mandatory
periodic testing as described in subsection (a)(3)(A). The
Attorney General shall, by prescribing guidelines or
regulations, specify standards for the timing and manner of
complying with such requirements. The standards--
``(A) shall ensure that--
``(i) each participant is tested for every
controlled substance that the participant has
been known to abuse, and for any other
controlled substance the Attorney General or
the court may require; and
``(ii) such testing is accurate and
practicable; and
``(B) may require approval of the drug testing
regime to ensure that adequate testing occurs.
``(2) Mandatory sanctions.--The Attorney General shall, by
prescribing guidelines or regulations, specify that grant
amounts under this part may be used for a drug court only if
such court imposes graduated sanctions that increase punitive
measures, therapeutic measures, or both, whenever a participant
fails a drug test. Such sanctions and measures may include one
or more of the following:
``(A) Incarceration.
``(B) Increased time in the drug court program.
``(C) Termination from such program.
``(D) Increased drug screening requirements.
``(E) Increased court appearances.
``(F) Increased supervision.
``(G) Electronic monitoring.
``(H) In-home restriction.
``(I) Community service.
``SEC. 2952. ADMINISTRATION.
``(a) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials in carrying out this part.
``(b) Use of Components.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this part.
``(c) Regulatory Authority.--The Attorney General may issue
regulations and guidelines necessary to carry out this part.
``SEC. 2953. APPLICATIONS.
``(a) In General.--To request funds under this part, the chief
executive or the chief justice of a State or the chief executive or
judge of a unit of local government or Indian tribal government, or the
chief judge of a State court or the judge of a local court or Indian
tribal court shall submit an application to the Attorney General in
such form and containing such information as the Attorney General may
require.
``(b) Content.--In addition to any other requirements that may be
specified by the Attorney General, an application for a grant under
this part shall--
``(1) include a long-term strategy and detailed
implementation plan for the drug court program to be carried
out under such grant;
``(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
``(3) certify that the Federal support provided will be
used to supplement, and not supplant, State, Indian tribal, and
local sources of funding that would otherwise be available;
``(4) identify related governmental or community
initiatives which complement or will be coordinated with the
proposal;
``(5) certify that there has been and will continue to be
appropriate consultation with all affected agencies in the
implementation of the program;
``(6) certify that participating offenders will be
supervised by 1 or more designated judges with responsibility
for the drug court program;
``(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support;
``(8) certify that statements made by an offender during,
or for admission to, a drug court program (including to judges,
prosecutors, defense counsel, social service providers, and
other public health and public safety professionals who work in
the drug court) regarding the offender's drug use shall not be
used as evidence against the offender in any criminal
proceeding other than a proceeding that is part of the drug
court program, including drug court proceedings involving
sanctions, program termination, and related matters such as
probation violation hearings based on noncompliance with the
terms of participating in the drug court program;
``(9) certify that admission criteria for the program--
``(A) are broad enough to ensure access for all
drug-dependent, high-risk individuals under the court's
jurisdiction who are not violent offenders;
``(B) do not discriminate based upon race, gender,
religion, national origin, economic status, or
immigration status; and
``(C) are established by a panel or commission with
broad representation from stakeholders in the criminal
justice community, including judges, prosecutors,
defense counsel, and social service providers;
``(10) certify that the applicant has established a policy
for the consideration and selection of offenders who are not
violent offenders to participate in the program, based on the
admission criteria pursuant to paragraph (9), that--
``(A) has been approved by the judge or judges with
responsibility for the drug court program under
paragraph (6) and any other parties responsible for
such consideration and selection of offenders,
including prosecutors, defense counsel, and social
service providers, as appropriate;
``(B) includes a process to ensure that the
individual circumstances of offenders are considered to
take into account mitigating factors related to the
offender, as appropriate; and
``(C) ensures that the public safety needs of the
applicant's jurisdiction are met;
``(11) demonstrate the existence of adequate protections
for participating offenders' right to competent counsel under
the Sixth Amendment to the Constitution;
``(12) outline ways for ensuring access to the program for
offenders who are high-risk for continued substance abuse and
drug-related crime, are facing the longest sentences, and are
high-need based on drug dependency;
``(13) describe the methodology that will be used in
evaluating the program, including demonstration of research
related to alternative sentences for offenders whose illegal
conduct was caused by drug dependency; and
``(14) certify that substance abuse treatment services
provided to participants are licensed or accredited by the
State substance abuse authority and that State standards of
care are utilized.
``(c) Definition.--In this section:
``(1) The term `violent offender' means an individual who
has committed an offense that, by its nature, involves a
substantial use of physical force with the specific intent to
cause serious bodily injury or harm to another individual, as
determined by the entity applying for or receiving a grant
under this part.
``(2) The term `sex offender' means an individual who has
committed an act of sexual assault as such term is defined in
section 40002 of the Violence Against Women Act of 1994 (42
U.S.C. 13925).
``SEC. 2954. FEDERAL SHARE.
``(a) In General.--The Federal share of a grant made under this
part may not exceed 75 percent of the total costs of the program
described in the application submitted under section 2953 for the
fiscal year for which the program receives assistance under this part,
unless the Attorney General waives, wholly or in part, the requirement
of a matching contribution under this section.
``(b) In-kind Contributions.--In-kind contributions may constitute
a portion of the non-Federal share of a grant.
``SEC. 2955. DISTRIBUTION AND ALLOCATION.
``(a) Consideration and Distribution.--The Attorney General shall
ensure that--
``(1) all States, State courts, local courts, units of
local government, and Indian tribal governments are provided
with an opportunity to apply and be considered for a grant
under this part; and
``(2) to the extent practicable, an equitable geographic
distribution of grant awards is made.
``(b) Technical Assistance and Training.--Unless one or more
applications submitted by any State or unit of local government within
such State (other than an Indian tribe) for a grant under this part has
been funded in any fiscal year, such State, together with eligible
applicants within such State, shall be provided targeted technical
assistance and training by the Bureau of Justice Assistance to assist
such State and such eligible applicants to successfully compete for
future funding under this part, and to strengthen existing State drug
court systems. In providing such technical assistance and training, the
Bureau of Justice Assistance shall consider and respond to the unique
needs of rural States, rural areas, and rural communities.
``SEC. 2956. REPORT.
``A State, Indian tribal government, or unit of local government
that receives funds under this part during a fiscal year shall submit
to the Attorney General a description and an evaluation report on a
date specified by the Attorney General regarding the effectiveness of
this part.
``SEC. 2957. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
``(a) Technical Assistance and Training.--The Attorney General may
provide technical assistance and training in furtherance of the
purposes of this part.
``(b) Evaluations.--In addition to any evaluation requirements that
may be prescribed for grantees (including uniform data collection
standards and reporting requirements), the Attorney General shall carry
out or make arrangements for evaluations of programs that receive
support under this part.
``(c) Administration.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.''.
(b) Reauthorization.--Paragraph (25) of section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended to read as follows:
``(25)(A) There are authorized to be appropriated to carry
out part EE--
``(i) $125,000,000 for fiscal year 2011;
``(ii) $150,000,000 for fiscal year 2012;
``(iii) $200,000,000 for fiscal year 2013; and
``(iv) $250,000,000 for each of fiscal years 2014
through 2017.
``(B) The Attorney General shall reserve not less than 1
percent and not more than 4.5 percent of the sums appropriated
for this program in each fiscal year for research and
evaluation of this program.''.
|
Drug Court Reauthorization Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize appropriations for the drug courts program for FY2011-FY2017 and to modify certain program requirements relating to grant authority, grant applications, and the distribution and allocation of grants to states and local and tribal governments.
|
{"src": "billsum_train", "title": "To reauthorize and amend part EE of the Omnibus Crime Control and Safe Streets Act of 1968 relating to drug courts."}
| 2,999 | 71 | 0.471948 | 1.187248 | 0.852446 | 2.192982 | 50.614035 | 0.859649 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention and Deterrence of Crimes
Against Children Act of 2008''.
SEC. 2. INCREASED PENALTIES FOR CHILD PORNOGRAPHY OFFENSES.
(a) In General.--Section 2251(e) of title 18, United States Code,
is amended--
(1) by striking ``15 years nor more than 30 years'' and
inserting ``20 years or for life''; and
(2) by striking ``not less than 25 years nor more than 50
years,'' and all that follows through ``not less than 35 years
nor more than''.
(b) Other Offenses.--Sections 2252(b) and 2252A(b) of title 18,
United States Code, are each amended--
(1) in paragraph (1)--
(A) by striking ``5 years and not more than 20
years'' and inserting ``15 years or for life''; and
(B) by striking ``not less than 15 years nor more
than 40 years.'' and inserting ``life.''; and
(2) in paragraph (2)--
(A) by striking ``or imprisoned not more than 10
years, or both'' and inserting ``and imprisoned for not
less than 3 years nor more than 20 years'';
(B) by inserting ``section 1591,'' after ``this
chapter,''; and
(C) by striking ``10 years nor more than 20
years.'' and inserting ``20 years or for life.''.
(c) Domain Names.--Section 2252B(b) of title 18, United States
Code, is amended by striking ``10 years'' and inserting ``20 years''.
(d) Transportation of Minors.--Section 2423(f) of title 18, United
States Code, is amended--
(1) by striking ``means (1) a'' and inserting the
following: ``means--
``(1) a'';
(2) by striking ``; or (2) any'' and inserting the
following: ``;
``(2) any'';
(3) by striking the period at the end and inserting ``;
or''; and
(4) by adding at the end the following:
``(3) production of child pornography, as that term is
defined in section 2256(8).''.
SEC. 3. INCREASED PENALTIES FOR CHILD SEX TRAFFICKING AND CHILD
PROSTITUTION OFFENSES.
(a) In General.--Section 1591(b) of title 18, United States Code,
is amended--
(1) in paragraph (1), by striking ``not less than 15'' and
inserting ``not less than 30''; and
(2) in paragraph (2), by striking ``not less than 10'' and
inserting ``not less than 15''.
(b) Coercion.--Section 2422 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``20 years'' and
inserting ``30 years''; and
(2) in subsection (b), by striking ``10 years'' and
inserting ``15 years''.
(c) Transportation of Minors.--Section 2423 of title 18, United
States Code, is amended--
(1) in subsection (a), by striking ``10 years'' and
inserting ``15 years'';
(2) in subsections (b) and (c), by striking ``or imprisoned
not more than 30 years, or both.'' and inserting ``and
imprisoned for not less than 10 years (unless the offense is
based only on conduct that would be in violation of sections
2243 or 2244) nor more than 30 years.''; and
(3) in subsection (d), by striking ``, imprisoned not more
than 30 years, or both'' and inserting ``and imprisoned for not
less than 10 years nor more than 30 years''.
(d) General Provisions.--Section 1594(a) of title 18, United States
Code, is amended by inserting ``or conspires'' after ``attempts''.
(e) Release and Detention.--Section 3156(a)(4)(C) of title 18,
United States Code, is amended by inserting ``, or section 1591'' after
``117''.
(f) Subpoenas.--Section 3486(a)(1)(D) of title 18, United States
Code, is amended by inserting ``1591,'' after ``1201,''.
SEC. 4. INCREASED PENALTIES FOR CHILD SEX OFFENSES RESULTING IN DEATH,
REPEATED CHILD SEX CRIMES, AND FORCIBLE RAPE.
(a) In General.--Section 2245 of title 18, United States Code, is
amended by adding at the end the following:
``(b) Offenses Involving Children.--A person who, in the course of
an offense under this chapter, chapter 110, chapter 117, or section
1591 engages in conduct that results in the death of a person who has
not attained the age of 18 years, shall be punished by death or
imprisoned for not less than 30 years or for life.''.
(b) Classification of Offenses.--Section 3559(e)(2)(A) of title 18,
United States Code, is amended by striking ``2423(a)'' and inserting
``2423''.
(c) Repeat Offenders.--Section 2426(b)(1)(A) of title 18, United
States Code, is amended--
(1) by striking ``or'' the first place it appears; and
(2) by inserting before the semicolon ``, or section
1591''.
(d) Sexual Abuse.--Section 2241 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``, imprisoned for any
term of years or life, or both'' and inserting ``and imprisoned
for any term of years not less than 10 or for life''; and
(2) in subsection (b), by striking ``, imprisoned for any
term of years or life, or both'' and inserting ``and imprisoned
for any term of years not less than 5 or for life''.
SEC. 5. SEX TOURISM AND REMOVAL OF SEX OFFENDERS.
(a) In General.--The Attorney General shall notify--
(1) the Secretary of State in a timely manner regarding any
conviction of an individual of a violation of section 2423 of
title 18, United States Code, for appropriate action under
subsection (b) of this section; and
(2) the Secretary of Homeland Security in a timely manner
regarding any conviction of an alien of a sex offense for
appropriate action under subsection (c) of this section.
(b) Authority To Restrict Passport.--The Secretary of State--
(1) shall refuse to issue a passport to an individual if
the Secretary receives a notice under subsection (a) that such
individual was convicted of a violation of section 2423 of
title 18, United States Code; and
(2) may revoke, restrict, or limit a passport issued to an
individual convicted of a violation of section 2423 of title
18, United States Code, if the passport was used in furtherance
of that violation.
(c) Removal of Aliens.--The Secretary of Homeland Security shall
place an alien convicted of a sex offense in removal proceedings under
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
(d) Grounds of Inadmissibility and Removability.--
(1) In general.--Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at
the end the following:
``(J) Sexual abuse of a minor.--
``(i) In general.--An alien who is
convicted of sexual abuse of a minor is
inadmissible.
``(ii) Sex offenses.--For purposes of this
subparagraph, an alien who has been convicted
of a sex offense (as that term is defined in
section 111 of the Adam Walsh Child Protection
and Safety Act of 2006 (42 U.S.C. 16911)) shall
be considered to have been convicted of sexual
abuse of a minor. An alien convicted of a sex
offense shall be ineligible for any
discretionary relief under this Act.''.
(2) Deportable aliens.--Section 237(a)(2)(A)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)(iii))
is amended by adding at the end the following ``For purposes of
this clause, an alien who has been convicted of a sex offense
(as that term is defined in section 111 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16911)) shall be
considered to have been convicted of sexual abuse of a
minor.''.
(e) Definition of Sex Offense.--In this section, the term ``sex
offense'' has the meaning given that term in section 111 of the Adam
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911).
|
Prevention and Deterrence of Crimes Against Children Act of 2008 - Amends the federal criminal code to increase criminal penalties for offenses relating to the sexual exploitation of children and child pornography, transportation of minors for illicit sexual purposes, child sex trafficking and prostitution, and sex crimes against children resulting in death.
Directs the Attorney General to notify the Secretaries of State and Homeland Security of individuals, including aliens, who are convicted of sex offenses against children. Requires the Secretary of State to deny passports for such individuals and authorizes the Secretary to revoke, restrict, or limit a passport issued to a convicted sex offender if the passport was used in furtherance of sex crimes involving a minor.
Requires the Secretary of Homeland Security to place aliens convicted of sex offenses in removal proceedings.
Amends the Immigration and Nationality Act to: (1) render aliens who are convicted of sexual abuse of a minor inadmissible to the United States; and (2) subject aliens convicted of a sex crime against a minor to deportation.
|
{"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to strengthen penalties for child pornography offenses, child sex trafficking offenses, and other sexual offenses committed against children."}
| 2,194 | 261 | 0.438737 | 1.157362 | 0.622145 | 2.725389 | 9.430052 | 0.839378 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S.-India Defense Technology and
Partnership Act''.
SEC. 2. ENHANCING DEFENSE AND SECURITY COOPERATION WITH INDIA.
(a) Findings.--Congress finds the following:
(1) The United States and India face mutual security
threats and a robust defense partnership is in the interest of
both countries.
(2) The relationship between the United States and India
has developed over the past decade to become a multifaceted,
major strategic partnership rooted in shared democratic values
and the promotion of mutual prosperity, greater economic
cooperation, regional peace, security, and stability.
(3) In 2012, the Department of Defense began an initiative
to increase senior-level oversight and engagement on defense
cooperation between the United States and India, which is
referred to as the U.S.-India Defense Technology and Trade
Initiative (DTTI).
(4) On June 3, 2015, the Government of the United States
and the Government of India entered into an executive agreement
entitled ``Framework for the U.S.-India Defense Relationship'',
which renewed and updated the previous defense framework
agreement between the United States and India, executed on June
28, 2005.
(5) Consistent with the Framework for the U.S.-India
Defense Relationship and the goals of the DTTI, it is in the
interest of United States national security to improve defense
cooperation and the alignment of systems with India, achieve
greater interaction between the armed forces of both countries,
increase the flow of technology and investment, develop
capabilities and partnerships in co-development and co-
production, and strengthen two-way defense trade.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States-India defense partnership is vital to
regional and international stability and security;
(2) the interest of United States national security can be
improved by further advancing the goals of the Framework for
the U.S.-India Defense Relationship and the effective operation
of the DTTI;
(3) the President should take action to--
(A) formalize India's status as a major partner of
the United States;
(B) designate an official with experience in
defense acquisition and technology to reinforce and
ensure, through interagency policy coordination, the
success of the Framework for the U.S.-India Defense
Relationship;
(C) approve and facilitate the transfer of advanced
technology in the context of, and in order to satisfy,
combined military planning with the Indian military for
missions such as humanitarian assistance and disaster
relief, counter piracy, and maritime domain awareness;
(D) strengthen the effectiveness of the DTTI and
the durability of the Department of Defense's ``India
Rapid Reaction Cell'';
(E) resolve issues impeding United States-India
defense trade, security cooperation, and co-production
and co-development opportunities;
(F) collaborate with the Government of India to
develop mutually agreeable mechanisms to verify the
security of defense technology information and
equipment, such as tailored cyber security and end use
monitoring arrangements;
(G) promote policies that will encourage the
efficient review and authorization of defense sales and
exports to India, including the treatment of military
sales and export authorizations to India in a manner
similar to that of the United States closest defense
partners;
(H) pursue greater government-to-government and
commercial military transactions between the United
States and India; and
(I) support the development and alignment of
India's export control and procurement regimes with
those of the United States and multilateral control
regimes; and
(4) the President's commitment to enhancing defense and
security cooperation with India should be considered a priority
with respect to advancing United States interests in the South
Asia and greater Indo-Pacific regions.
(c) Military Contingency Plans.--The President is encouraged to
coordinate with India on an annual basis to develop military
contingency plans for addressing threats to mutual security interests
of both countries.
(d) Assessment Required.--
(1) In general.--The President shall, on an annual basis,
carry out an assessment of the extent to which India possesses
strategic operational capabilities to execute military
operations of mutual interest between the United States and
India.
(2) Use of assessment.--The President shall ensure that the
assessment described in paragraph (1) is used to inform the
review by the United States of applications to sell or export
defense articles, defense services, or technical data under the
Arms Export Control Act (22 U.S.C. 2751 et seq.).
(3) Form.--The assessment described in paragraph (1) shall,
to the maximum extent practicable, be in classified form.
(4) Definition.--In this subsection, the term ``strategic
operational capabilities'' means the ability to execute
military operations of mutual security interest while
sustaining minimal damages and casualties, through the use of
military means, possessed in sufficient quantity, including
weapons, command, control, communication, intelligence,
surveillance, and reconnaissance capabilities.
(e) Foreign Military Sales and Export Status Under Arms Export
Control Act.--The Arms Export Control Act (22 U.S.C. 2751 et seq.) is
amended--
(1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5),
36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 36(c)(5),
36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting ``India,''
before ``or New Zealand'' each place it appears;
(2) in section 3(b)(2), by inserting ``the Government of
India,'' before ``or the Government of New Zealand''; and
(3) in sections 21(h)(1)(A) and 21(h)(2), by inserting
``India,'' before ``or Israel'' each place it appears.
|
U.S.-India Defense Technology and Partnership Act This bill expresses the sense of Congress that: (1) the U.S.-India defense partnership is vital to regional and international stability and security, and (2) the President should take action to formalize India's status as a U.S. major partner. The President should coordinate with India annually to develop military contingency plans for addressing threats to mutual security interests. The President shall: (1) annually assess the extent to which India possesses strategic operational capabilities to execute military operations of mutual interest to the United States and India; and (2) ensure that such assessment is used in reviewing applications to sell or export defense articles, defense services, or technical data. The Arms Export Control Act is amended to extend special foreign military sales status to India.
|
{"src": "billsum_train", "title": "U.S.-India Defense Technology and Partnership Act"}
| 1,278 | 164 | 0.656012 | 1.89278 | 0.81394 | 3.932886 | 7.912752 | 0.926174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Subpoena Compliance
and Enforcement Act of 2017''.
SEC. 2. ENFORCEMENT OF CONGRESSIONAL SUBPOENAS.
(a) In General.--Chapter 85 of title 28, United States Code, is
amended by inserting after section 1365 the following:
``Sec. 1365a. Congressional actions against subpoena recipients
``(a) Special Rules.--In any civil action brought by the United
States House of Representatives, the United States Senate, or a
committee or subcommittee thereof, against the recipient of a subpoena
to secure declaratory, injunctive, or other relief as may be
appropriate concerning the failure to comply with a subpoena issued by
a congressional committee or subcommittee, the following rules shall
apply:
``(1) The action shall be filed in a United States district
court of competent jurisdiction.
``(2) It shall be the duty of the United States district
courts, the United States courts of appeal, and the Supreme
Court of the United States to advance on the docket and to
expedite to the greatest possible extent the disposition of any
such action and appeal.
``(3) If a three-judge court is expressly requested by the
plaintiff in the initial pleading, the action shall be heard by
a three-judge court convened pursuant to section 2284 of title
28, United States Code, and shall be reviewable only by appeal
directly to the Supreme Court of the United States. Such appeal
shall be taken by the filing of a notice of appeal within 10
days, and the filing of a jurisdictional statement within 30
days, of the entry of the final decision.
``(b) Monetary Penalties in Cases Involving Government Agencies.--
``(1) The court may impose monetary penalties directly
against the head of a Government agency or a component thereof
held to have willfully failed to comply with any part of a
congressional subpoena.
``(2) No appropriated funds, funds provided from any
accounts in the Treasury, funds derived from the collection of
fees, or other Government funds shall be used to pay any
monetary penalty imposed by the court pursuant to this section.
``(c) Waiver of Privilege.--Any assertion of a privilege or other
ground for noncompliance (whether statutory, common law, or otherwise)
asserted by the recipient of a congressional subpoena may be determined
to have been waived as to any particular record withheld from
production if the court finds that the recipient failed in a timely
manner to comply with the requirement of section 105 of the Revised
Statutes of the United States that it produce a privilege log with
respect to such record.
``(d) Definition.--For purposes of this section, the term
`Government agency' means an executive department listed in section 101
of title 5, United States Code, an independent establishment,
commission, board, bureau, division, or office in the executive branch,
or other agency of the Federal Government, including wholly or partly
owned Government corporations.''.
(b) Clerical Amendment.--The table of sections for chapter 85 of
title 28, United States Code, is amended by inserting after the item
relating to section 1365 the following:
``1365a. Congressional actions against subpoena recipients.''.
SEC. 3. COMPLIANCE WITH CONGRESSIONAL SUBPOENAS.
(a) In General.--Chapter 7 of title II of the Revised Statutes of
the United States (2 U.S.C. 191 et seq.) is amended by adding at the
end the following:
``SEC. 105. RESPONSE TO CONGRESSIONAL SUBPOENAS.
``(a) Subpoena by Congressional Committee.--Any recipient of any
subpoena from a congressional committee or subcommittee shall appear
and testify or produce records in a manner consistent with the subpoena
and this section.
``(b) Congressional Subpoenas for Records.--
``(1) Identification of records withheld.--In the case of a
record that is withheld, in whole or in part, by the subpoena
recipient, the subpoena recipient shall provide a log
containing the following information concerning such record:
``(A) An express assertion and description of the
legal basis asserted for withholding the record.
``(B) The type of record.
``(C) The general subject matter.
``(D) The date, author, and addressee.
``(E) The relationship of the author and addressee
to each other.
``(F) The custodian of the record.
``(G) Any other descriptive information that may be
produced or disclosed regarding the record that will
enable the congressional committee or subcommittee
issuing the subpoena to assess the legal basis asserted
for withholding the record.
``(2) Missing records.--In the case of any record
responsive to the subpoena submitted under paragraph (1) that
was, but no longer is, in the possession, custody, or control
of the subpoena recipient, the subpoena recipient shall
identify the record (including the date, author, subject, and
each recipient of the record) and explain the circumstances
under which the record ceased to be in the possession, custody,
or control of the subpoena recipient.
``(3) Electronic records.--Electronic records shall be
produced pursuant to this subsection in their native or
original file format. Electronic records shall be delivered on
a storage device (such as compact disk, memory stick, or thumb
drive) and, to the extent feasible, shall be organized,
identified, and indexed electronically and shall include an
index describing the contents of the production.
``(c) Definitions.--For purposes of this section the term `record'
includes any books, papers, documents, data, or other objects requested
in a subpoena issued by a congressional committee or subcommittee.''.
(b) Clerical Amendment.--The table of contents for chapter 7 of
title II of the Revised Statutes of the United States is amended by
adding at the end the following:
``105. Response to congressional subpoenas.''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be interpreted to diminish Congress'
inherent authority or previously established methods and practices for
enforcing compliance with congressional subpoenas, nor shall anything
in this Act be interpreted to establish Congress' acceptance of any
asserted privilege or other legal basis for noncompliance with a
congressional subpoena.
Passed the House of Representatives October 23, 2017.
Attest:
KAREN L. HAAS,
Clerk.
|
Congressional Subpoena Compliance and Enforcement Act of 2017 (Sec. 2) This bill amends the federal judicial code to establish certain rules that apply in a civil action by the Senate, House of Representatives, or a congressional committee or subcommittee against an individual who receives, but fails to comply with, a congressional subpoena. Specifically, the rules: allow the action to be filed in a U.S. district court; require expedited disposition of the action and any appeals; and authorize court-imposed monetary penalties against the head of a government agency or component who willfully fails to comply with a congressional subpoena. (Sec. 3) Additionally, the bill amends the Revised Statutes of the United States to establish requirements for the recipient of a subpoena from a congressional committee or subcommittee, including: to appear and testify or produce records—books, papers, documents, data, or other objects—in a manner consistent with the subpoena; and to provide a privilege log containing certain information about records that are withheld, such as the type of record and the legal basis for withholding it.
|
{"src": "billsum_train", "title": "Congressional Subpoena Compliance and Enforcement Act of 2017"}
| 1,568 | 278 | 0.563215 | 1.579067 | 0.706573 | 2.893204 | 6.427184 | 0.834951 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Species Listing and
Delisting Process Reform Act of 2001''.
SEC. 2. LISTING PROCESS REFORMS.
(a) Best Scientific and Commercial Data Available.--
(1) In general.--Section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532) is amended--
(A) by striking the section heading and inserting
the following:
``definitions and general provisions'';
(B) by striking ``For the purposes of this Act--''
and inserting the following:
``(a) Definitions.--In this Act:''; and
(C) by adding at the end the following:
``(b) General Provisions.--In any case in which this Act requires
the Secretary to use the best scientific and commercial data available,
the Secretary shall obtain and use scientific or commercial data that
are empirical or have been field-tested or peer-reviewed.''.
(2) Conforming amendment.--The table of contents in the
first section of the Endangered Species Act of 1973 (16 U.S.C.
prec. 1531) is amended by striking the item relating to section
3 and inserting the following:
``Sec. 3. Definitions and general provisions.''.
(b) Finding of Sufficient Biological Information To Support
Recovery Planning.--Section 4(b) of the Endangered Species Act of 1973
(16 U.S.C. 1533(b)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``shall make'' and inserting the
following: ``shall--
``(i) make'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(ii) determine that a species is an endangered species or
a threatened species only if the Secretary finds that there is
sufficient biological information to support recovery planning
for the species under subsection (f).''; and
(2) in the first sentence of paragraph (3)(A), by inserting
before the period at the end the following: ``and as to whether
the petition presents sufficient biological information to
support recovery planning for the species under subsection
(f)''.
(c) Petition Process.--Section 4(b)(3) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the end the
following:
``(E) Listing petition information.--In the case of
a petition to add a species to a list published under
subsection (c), a finding that the petition presents
the information described in subparagraph (A) shall not
be made unless the petition provides--
``(i) documentation from a published
scientific source that the fish, wildlife, or
plant that is the subject of the petition is a
species;
``(ii)(I) a description of the available
data on the historical and current range and
distribution of the species;
``(II) an explanation of the methodology
used to collect the data; and
``(III) identification of the location
where the data can be reviewed;
``(iii) an appraisal of the available data
on the status and trends of all extant
populations of the species;
``(iv) an appraisal of the available data
on the threats to the species;
``(v) an identification of the information
contained or referred to in the petition that
has been peer-reviewed or field-tested; and
``(vi) a description of at least 1 study or
credible expert opinion, from a person not
affiliated with the petitioner, to support the
action requested in the petition.
``(F) Notification to states.--
``(i) Petitioned actions.--If a petition is
found to present information described in
subparagraph (A), the Secretary shall--
``(I) notify and provide a copy of
the petition to the State agency of
each State in which the species is
believed to occur; and
``(II) solicit the assessment of
the agency as to whether the petitioned
action is warranted, which assessment
shall be submitted to the Secretary
during a comment period ending 90 days
after the date of the notification.
``(ii) Other actions.--If the Secretary has
not received a petition to add a species to a
list published under subsection (c) and the
Secretary is considering proposing to list the
species as an endangered species or a
threatened species under subsection (a), the
Secretary shall--
``(I) notify the State agency of
each State in which the species is
believed to occur; and
``(II) solicit the assessment of
the agency as to whether the listing
would be in accordance with subsection
(a), which assessment shall be
submitted to the Secretary during a comment period ending 90 days after
the date of the notification.
``(iii) Consideration of state
assessments.--Before publication of a finding
described in subparagraph (A) that a petitioned
action is warranted, the Secretary shall
consider any assessments submitted with respect
to the species within the comment period
established under clause (i) or (ii).''.
(d) Improvement of Public Hearings in the Listing Process.--
(1) In general.--Section 4(b)(5) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(b)(5)) is amended by striking
subparagraph (E) and inserting the following:
``(E) promptly hold at least 2 hearings in each State in
which the species proposed for determination as an endangered
species or a threatened species is located (including at least
1 hearing in an affected rural area if 1 or more rural areas
within the State are affected by the determination), except
that the Secretary may not be required to hold more than 10
hearings under this subparagraph with respect to the proposed
regulation.''.
(2) Definition of rural area.--Section 3(a) of the
Endangered Species Act of 1973 (16 U.S.C. 1532(a)) (as amended
by subsection (a)(1)(B)) is amended--
(A) by redesignating paragraphs (12) through (14)
as paragraphs (11) through (13), respectively; and
(B) by inserting before paragraph (15) the
following:
``(14) Rural area.--The term `rural area' means a county or
unincorporated area that has no city or town with a population
of more than 10,000 individuals.''.
(3) Conforming amendment.--Section 7(n) of the Endangered
Species Act of 1973 (16 U.S.C. 1536(n)) is amended in the first
sentence by striking ``, as defined by section 3(13) of this
Act,''.
(e) Emergency Listing.--Section 4(b)(7) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(b)(7)) is amended in the first sentence by
striking ``posing a significant risk to the well-being'' and inserting
``that poses an imminent threat to the continued existence''.
(f) Other Listing Reforms.--Section 4(b) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the
following:
``(9) Availability of listing data.--
``(A) In general.--Subject to subparagraph (B),
upon publication of a proposed regulation determining
that a species is an endangered species or a threatened
species, the Secretary shall make publicly available--
``(i) all information on which the
determination is based, including all
scientific studies and data underlying the
studies; and
``(ii) all information relating to the
species that the Secretary possesses and that
does not support the determination.
``(B) Limitation.--Subparagraph (A) does not
require disclosure of any information that--
``(i) is not required to be made available
under section 552 of title 5, United States
Code (commonly known as the `Freedom of
Information Act'); or
``(ii) is prohibited from being disclosed
under section 552a of title 5, United States
Code (commonly known as the `Privacy Act').
``(10) Establishment of criteria for scientific studies to
support listing.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations that establish criteria that must be met for
scientific and commercial data to be used as the basis of a
determination under this section that a species is an
endangered species or a threatened species.
``(11) Field data.--
``(A) Requirement.--The Secretary may not determine
that a species is an endangered species or a threatened
species unless the determination is supported by data
obtained by observation of the species in the field.
``(B) Data from landowners.--The Secretary shall--
``(i) accept and acknowledge receipt of
data regarding the status of a species that is
collected by an owner of land through
observation of the species on the land; and
``(ii) include the data in the rulemaking
record compiled for any determination that the
species is an endangered species or a
threatened species.''.
SEC. 3. DEADLINE FOR DEVELOPMENT OF RECOVERY PLANS.
Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C.
1533(f)) is amended by adding at the end the following:
``(6) Deadline for development of recovery plans.--The
Secretary shall--
``(A) begin developing a recovery plan required for
a species under paragraph (1) on the date of
promulgation of the proposed regulation to implement a
determination under subsection (a)(1) with respect to
the species; and
``(B) issue a recovery plan in final form not later
than the date of promulgation of the final regulation
to implement the determination.''.
SEC. 4. DELISTING.
Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C.
1533(f)) (as amended by section 3) is amended by adding at the end the
following:
``(7) Effect of fulfillment of recovery plan criteria.--
``(A) Change in status.--If the Secretary finds
that the criteria of a recovery plan have been met for
a change in status of the species covered by the
recovery plan from an endangered species to a
threatened species, or from a threatened species to an
endangered species, the Secretary shall promptly
publish in the Federal Register a notice of the change
in status of the species.
``(B) Removal from listing.--If the Secretary finds
that the criteria of a recovery plan have been met for
the removal of the species covered by the recovery plan
from a list published under subsection (c), the
Secretary shall promptly publish in the Federal
Register a notice of an intent to remove the species
from the list.''.
|
Endangered Species Listing and Delisting Process Reform Act of 2001 - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior, when required under such Act to use the best scientific and commercial data available in the determination of a species for inclusion on the endangered or threatened list, to use data that are empirical or have been field-tested or peer-reviewed. Allows the Secretary to make such a determination only if there is sufficient biological information to support recovery planning for the species.Adds certain information required in a petition to add a species to the endangered or threatened list. Requires the Secretary to notify and provide a copy of such petition to an agency of each State in which the species is believed to occur and to solicit the assessment of such agency as to whether the petitioned action is warranted.Directs the Secretary, upon publication of a proposed regulation determining an endangered or threatened listing, to make publicly available all information on which the determination is based, as well as all information relating to the species that does not support such determination (with an exception for disclosures protected under the Freedom of Information Act or the Privacy Act).Directs the Secretary to establish criteria that must be met for scientific and commercial data to be used in a determination that a species is endangered or threatened.
|
{"src": "billsum_train", "title": "A bill to amend the Endangered Species Act of 1973 to improve the processes for listing, recovery planning, and delisting, and for other purposes."}
| 2,517 | 287 | 0.599049 | 1.54903 | 0.88682 | 4.056911 | 9.085366 | 0.926829 |
SECTION 1. REPORTING REQUIREMENTS REGARDING COAL OR OTHER MINE SAFETY.
(a) Reporting Mine Safety Information.--Each issuer that is
required to file reports pursuant to section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o) and that is an
operator, or that has a subsidiary that is an operator, of a coal or
other mine shall include, in each periodic report filed with the
Securities and Exchange Commission under the securities laws on or
after the date of enactment of this Act, the following information for
the time period covered by such report:
(1) For each coal or other mine of which the issuer or a
subsidiary of the issuer is an operator--
(A) the total number of violations of mandatory
health or safety standards that could significantly and
substantially contribute to the cause and effect of a
coal or other mine safety or health hazard under
section 104 of the Federal Mine Safety and Health Act
of 1977 (30 U.S.C. 814) for which the operator received
a citation from the Mine Safety and Health
Administration;
(B) the total number of orders issued under section
104(b) of such Act (30 U.S.C. 814(b));
(C) the total number of citations and orders for
unwarrantable failure of the mine operator to comply
with mandatory health or safety standards under section
104(d) of such Act (30 U.S.C. 814(d));
(D) the total number of flagrant violations under
section 110(b)(2) of such Act (30 U.S.C. 820(b)(2));
(E) the total number of imminent danger orders
issued under section 107(a) of such Act (30 U.S.C.
817(a));
(F) the total dollar value of proposed assessments
from the Mine Safety and Health Administration under
such Act (30 U.S.C. 801 et seq.); and
(G) the total number of mining-related fatalities.
(2) A list of such coal or other mines, of which the issuer
or a subsidiary of the issuer is an operator, that receive
written notice from the Mine Safety and Health Administration
of--
(A) a pattern of violations of mandatory health or
safety standards that are of such nature as could have
significantly and substantially contributed to the
cause and effect of coal or other mine health or safety
hazards under section 104(e) of such Act (30 U.S.C.
814(e)); or
(B) the potential to have such a pattern.
(3) Any pending legal action before the Federal Mine Safety
and Health Review Commission involving such coal or other mine.
(b) Reporting Shutdowns and Patterns of Violations.--Beginning on
and after the date of enactment of this Act, each issuer that is an
operator, or that has a subsidiary that is an operator, of a coal or
other mine shall file a current report with the Securities and Exchange
Commission on Form 8-K (or any successor form) disclosing the following
regarding each coal or other mine of which the issuer or subsidiary is
an operator:
(1) The receipt of an imminent danger order issued under
section 107(a) of the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 817(a)).
(2) The receipt of written notice from the Mine Safety and
Health Administration that the coal or other mine has--
(A) a pattern of violations of mandatory health or
safety standards that are of such nature as could have
significantly and substantially contributed to the
cause and effect of coal or other mine health or safety
hazards under section 104(e) of such Act (30 U.S.C.
814(e)); or
(B) the potential to have such a pattern.
(c) Rule of Construction.--Nothing in this Act shall be construed
to affect any obligation of a person to make a disclosure under any
other applicable law in effect before, on, or after the date of
enactment of this Act.
(d) Commission Authority.--
(1) Enforcement.--A violation by any person of this Act, or
any rule or regulation of the Securities and Exchange
Commission issued under this Act, shall be treated for all
purposes in the same manner as a violation of the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) or the rules and
regulations issued thereunder, consistent with the provisions
of this Act, and any such person shall be subject to the same
penalties, and to the same extent, as for a violation of the
Securities Exchange Act of 1934 or the rules or regulations
issued thereunder.
(2) Rules and regulations.--The Securities and Exchange
Commission is authorized to issue such rules or regulations as
are necessary or appropriate for the protection of investors
and to carry out the purposes of this Act.
(e) Definitions.--In this Act--
(1) the terms ``issuer'' and ``securities laws'' have the
meaning given the terms in section 3 of the Securities Exchange
Act of 1934 (15 U.S.C. 78c);
(2) the term ``coal or other mine'' means a coal or other
mine, as defined in section 3 of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 802), that is subject to the
provisions of such Act (30 U.S.C. 801 et seq.); and
(3) the term ``operator'' has the meaning given the term in
section 3 of the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 802).
(f) Effective Date.--This Act shall take effect on the day that is
30 days after the date of enactment of this Act.
|
Requires a publicly traded coal or other mine company that is required to file a periodic securities report with the Securities Exchange Commission (SEC) to include in the report: (1) the total number of violations of mandatory health or safety standards that could significantly contribute to the cause and effect of a coal or other mine safety or health hazard for which the operator of the coal or other mine received a citation or order to comply from the Mine Safety and Health Administration; (2) a list of such coal or other mines that have received written notice of a pattern of such violations from the Administration; and (3) any pending legal action before the Federal Mine Safety and Health Review Commission involving such coal or other mine.
Requires publicly traded coal or other mine companies to file a current report with the SEC on Form 8-K disclosing any receipt of: (1) an imminent danger order to shutdown issued by the Secretary of Labor; and (2) any written notice of a pattern of violations from the Administration.
|
{"src": "billsum_train", "title": "A bill to require publicly traded coal companies to include certain safety records in their reports to the Commission, and for other purposes."}
| 1,274 | 213 | 0.615909 | 1.757449 | 0.834105 | 4.758794 | 5.713568 | 0.929648 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red Hill Oversight and Environmental
Protection Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrative order on consent/statement of work;
(aoc/sow).--The terms ``Administrative Order on Consent/
Statement of Work'' and ``(AOC/SOW)'' mean a legally
enforceable agreement between the United States Department of
the Navy (Navy), the Defense Logistics Agency (DLA), the United
States Environmental Protection Agency (EPA), Region 9, and the
State of Hawaii Department of Health (DOH) that the parties
voluntarily entered into on September 28, 2015 (EPA DKT NO.
RCRA 7003-R9-2015-01/DOH DKT NO. 15-UST-EA-01).
(2) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given the
term in section 101(a)(16) of title 10, United States Code.
(3) Facility.--The term ``facility'' means the Red Hill
Bulk Fuel Storage Facility located on Oahu, Hawaii.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Construction on the Red Hill Bulk Fuel Storage Facility
began in secret in December 1940.
(2) More than 3,900 workers constructed the underground
facility.
(3) Construction of the facility continued nonstop except
for the time of the attack on Pearl Harbor, on December 7,
1941. The facility was completed in September 1943, nine months
ahead of schedule.
(4) The facility was constructed underground in hollowed
out volcanic rock to allow for maximum protection of the fuel
supply.
(5) The facility's 20 steel tanks are encased by 2.5-4 feet
of concrete and surrounded by basalt bedrock.
(6) Only 18 fuel tanks are currently operational.
(7) The facility is the largest single Department of
Defense fuel storage facility in the Pacific theater.
(8) The facility protects more than 250,000,000 gallons of
fuel.
(9) The fuels stored are marine diesel, F-76, and two types
of jet fuel: JP-5 and JP-8.
(10) The fuel stored at the facility directly supports
vessels and aircraft of--
(A) the United States Navy and Air Force in Hawaii,
the Pacific theater, and around the world;
(B) the Hawaii National Guard;
(C) the United States Coast Guard; and
(D) the National Oceanic and Atmospheric
Administration.
(11) The facility allows the United States military to--
(A) maintain a forward presence;
(B) build cooperation with partner nations,
including through the biannual Rim of the Pacific
exercise;
(C) ensure maritime security; and
(D) maintain regional stability.
(12) Military forward presence--
(A) keeps sea lanes open; and
(B) ensures the free flow of commerce to Hawaii,
the continental United States, and the Indo-Asia-
Pacific region.
(13) In 1991, the facility was used as a transfer point for
moving fuel from the continental United States to the Persian
Gulf.
(14) This transfer of fuel was done as part of the first
Gulf War.
(15) The facility was declassified in 1995.
(16) The facility is physically protected and cyber-
hardened.
(17) The facility can be operated entirely off the electric
grid by using gravity flow to transport fuel from the facility
to Pearl Harbor, Hickam Airfield, and a truck loading site.
(18) The facility is located approximately 100 feet above
the basal groundwater table on the boundary of the Waimalu and
Moanalua Aquifer Systems.
(19) The Waimalu and Moanalua aquifers are sources of
potable water and are potentially vulnerable to contamination
from an unscheduled discharge of fuel from the facility.
(20) The Navy and the Defense Logistics Agency have kept
the drinking water safe through 70 years of operation.
(21) The Navy and the Defense Logistics Agency are
responsible for protecting the public from unscheduled fuel
leaks that may pose a risk to the drinking water.
(22) The facility has experienced unscheduled fuel leaks as
evidenced by stains beneath several of the existing fuel tanks.
(23) Chronic releases of petroleum, oils, and lubricants
have the potential to cause damage to Oahu's drinking water
supply.
(24) Historic records compiled by the Navy in a 2008 ground
water protection plan indicated that there were more than 30
leaks dating back to 1947.
(25) The 2008 ground water protection plan suggested at
least 170,000 gallons of fuel has leaked since the facility
began operating.
(26) In January 2014, the United States Navy discovered a
loss of fuel from Tank #5 and notified the Environmental
Protection Agency and the Hawaii Department of Health (DOH).
(27) The Navy estimated the fuel loss at approximately
27,000 gallons.
(28) Following the January 2014 fuel release, the EPA and
DOH negotiated an enforceable agreement, an Administrative
Order on Consent (AOC), with the Navy and the DLA [EPA DKT NO.
RCRA 7003-R9-2015-01/DOH DKT NO. 15-UST-EA-01].
(29) The order requires the Navy and the DLA to take
actions, subject to DOH and EPA approval.
(30) The order addresses fuel releases and implementable
infrastructure improvements to protect human health and the
environment.
(31) The order includes a Statement of Work (SOW) that lays
out the specific tasks the Navy and the DLA must implement.
(32) The SOW consists of 8 sections on overall project
management:
(A) Tank inspection.
(B) Repair and maintenance.
(C) Tank upgrade alternatives.
(D) Release detection and tank tightness testing.
(E) Corrosion and metal fatigue practices.
(F) Investigation and remediation of releases.
(G) Groundwater protection and evaluation.
(H) Risk and vulnerability assessment.
(33) Each section includes deadlines for the Navy and DLA
to meet planned deliverables.
(34) The Fiscal Year 2018-2019 Area Cost Factor for Pearl
Harbor is 2.26.
(35) The Area Cost Factor may impact decisionmaking for
sustainment, repair, and maintenance priorities.
(36) Since the January 2014 fuel loss, the Navy has--
(A) increased standards for contractor workmanship;
(B) increased government oversight;
(C) updated operator procedures;
(D) increased training;
(E) instituted new safeguards, checks, balances,
and alarm procedures; and
(F) installed two additional groundwater monitoring
wells.
(37) The facility has 12 total groundwater monitoring
sites.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the facility is a national strategic asset that--
(A) supports combatant commander theater security
requirements;
(B) supports contingency operations;
(C) provides essential and timely support to the
United States and allies' military mobilizations and
disaster response efforts in the Indo-Asia-Pacific and
around the world; and
(D) is routinely used to support normal transit of
Navy and Air Force movements in the region;
(2) the facility in its current form cannot be replicated
anywhere else in the world;
(3) moving the fuel to another storage facility in the
Indo-Asia-Pacific would have implications for the United States
military force structure in the State of Hawaii and put at risk
billions of dollars in annual economic activity that the Armed
Forces bring to the State of Hawaii;
(4) if the facility were closed, the United States Armed
Forces would be unable to support the National Military
Strategy, including the goals of the United States Pacific
Commander, and national security interests would be
significantly undermined;
(5) constant vigilance is required to ensure that facility
degradation and fuel leaks do not pose a threat to the people
of Hawaii, especially the drinking water on Oahu;
(6) despite its importance, the facility continues to face
long-term challenges without robust and consistent funding that
provides the Navy and DLA with the resources needed to improve
the tanks and associated infrastructure;
(7) achieving the AOC/SOW deliverables is a multiyear
effort that will require sustained commitment from the
Department of Defense and Congress;
(8) the annual budget submissions of the Department of
Defense and the Environmental Protection Agency must adequately
reflect the funding requirements necessary to meet the
deliverables committed to under the AOC/SOW;
(9) the Department of Defense must also include information
about how future years budgets will support the near-term and
long-term measures detailed in the reported schedule of work to
prevent future fuel leaks; and
(10) for facility sustainment and maintenance, Pearl Harbor
has a high Area Cost Factor (ACF), and the Department of
Defense should develop a strategy that fiscally accounts for
that ACF.
SEC. 5. BUDGET SUBMISSIONS.
(a) Department of Defense.--
(1) Annual budget justification.--The Secretary of Defense,
in consultation with the Secretary of the Navy, shall ensure
that the budget justification materials submitted to Congress
in support of the Department of Defense budget for any fiscal
year (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) include a
description of how the Department will use funds to support any
deliverables that the parties to the AOC/SOW have identified as
necessary to mitigate and prevent fuel leaks at the Red Hill
Bulk Fuel Storage Facility on Oahu, Hawaii.
(2) Future years defense program.--The Secretary of
Defense, in consultation with the Secretary of the Navy, shall
ensure that each future-years defense program submitted to
Congress under section 221 of title 10, United States Code,
describes how the Department will use funds to support any
deliverables that the parties to the AOC/SOW have identified as
necessary to mitigate and prevent fuel leaks at the Red Hill
Bulk Fuel Storage Facility on Oahu, Hawaii, in the period
covered by the future-years defense program.
(b) Environmental Protection Agency.--The Administrator of the
Environmental Protection Agency shall ensure that the budget
justification materials submitted to Congress in support of the budget
for the Agency for any fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31) includes a description of
how the Agency will use funds to support any deliverables that the
parties of the AOC/SOW have identified as necessary to mitigate and
prevent fuel leaks at the Red Hill Bulk Fuel Storage Facility on Oahu,
Hawaii.
SEC. 6. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR THRESHOLDS APPLICABLE TO
RED HILL.
(a) In General.--Notwithstanding the dollar limitations in section
2805 of title 10, United States Code, the Secretary of Defense may
obligate or expend, from the amounts described in subsection (b), not
more than $6,780,000 to carry out an unspecified minor military
construction project for the sustainment and maintenance of the Red
Hill Bulk Fuel Storage Facility on Oahu, Hawaii.
(b) Amounts.--The amounts described in this subsection are--
(1) amounts authorized to be appropriated for the
Department of Defense for operation and maintenance, Defense-
wide, for any of fiscal years 2017 through 2030; and
(2) amounts authorized to be appropriated for the
Department of Defense for military construction not otherwise
authorized by law for any of fiscal years 2017 through 2030.
(c) Notification.--In accordance with section 2805(b) of title 10,
United States Code, the Secretary shall submit to the congressional
defense committees written notice of any decision to carry out an
unspecified minor military construction project under subsection (a).
Such notice shall include--
(1) the justification for the project; and
(2) the estimated cost of the project.
(d) Sunset.--The authority to carry out a project under subsection
(a) shall terminate on September 30, 2030.
|
Red Hill Oversight and Environmental Protection Act of 2017 This bill requires the Department of Defense (DOD) to ensure that: (1) its budget justification materials submitted to Congress include a description of how it will use funds to support any deliverables that the parties of the agreement between the Department of the Navy, the Defense Logistics Agency, the Environmental Protection Agency (EPA), Region 9, and the State of Hawaii Department of Health, entered into on September 28, 2015, have identified as necessary to mitigate and prevent fuel leaks at the Red Hill Bulk Fuel Storage Facility on Oahu, Hawaii; and (2) each future-years defense program describes how DOD will use funds to support deliverables that the parties to such agreement identified as necessary to mitigate and prevent such leaks. The EPA must ensure that its budget justification materials submitted to Congress include a description of how it will use funds to support such deliverables. DOD may obligate or expend specified amounts to carry out an unspecified minor military construction project for the sustainment and maintenance of the facility. DOD shall submit to the congressional defense committees written notice of any decision to carry out such project, including a justification for, and the estimated cost of, such project. The authority to carry out such project shall terminate on September 30, 2030.
|
{"src": "billsum_train", "title": "Red Hill Oversight and Environmental Protection Act of 2017"}
| 2,583 | 274 | 0.582166 | 1.972211 | 0.737187 | 5.436 | 9.944 | 0.972 |
SECTION 1. REDUCTION IN LOAN RATES FOR PEANUTS.
(a) Loan Rate Reduction.--Subsection (a) of section 155 of the
Agricultural Market Transition Act (7 U.S.C. 7271) is amended by
striking paragraph (2) and inserting the following new paragraph:
``(2) Loan rate.--The national average quota loan rate for
quota peanuts shall be as follows:
``(A) $610 per ton for the 2001 crop.
``(B) $550 per ton for the 2002 crop.
``(C) $500 per ton for the 2003 crop.''.
(b) Extension of Marketing Assessment.--Subsection (g) of such
section is amended by striking ``2002'' both places it appears and
inserting ``2003''.
(c) Conforming Amendment.--Subsection (h) of such section is
amended by striking ``2002'' and inserting ``2003''.
(d) Continued Suspension of Certain Peanut Quota Provisions.--The
following provisions of the Agricultural Adjustment Act of 1938 shall
not be applicable to the 2003 crops of peanuts:
(1) Subsections (a) through (j) of section 358 (7 U.S.C.
1358).
(2) Subsections (a) through (h) of section 358a (7 U.S.C.
1358a).
(3) Subsections (a), (b), (d), and (e) of section 358d (7
U.S.C. 1359).
(4) Part I of subtitle C of title III (7 U.S.C. 1361-1368).
SEC. 2. NONRECOURSE LOANS FOR 2004 AND SUBSEQUENT CROPS OF PEANUTS.
(a) Loan Program.--The Agricultural Market Transition Act is
amended by inserting after section 155 (7 U.S.C. 7271) the following
new section:
``SEC. 155A. PEANUT PROGRAM FOR 2004 AND SUBSEQUENT CROPS.
``(a) Availability of Loans.--The Secretary shall make nonrecourse
loans available to producers of peanuts for each of the 2004 and
subsequent crops of peanuts.
``(b) Loan Rate.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall offer nonrecourse loans to peanut producers under
subsection (a) at a rate equal to not less than 85 percent of
the simple average price received by producers for peanuts, as
determined by the Secretary, during the marketing year for each
of the immediately preceding 5 crops of peanuts, excluding the
year in which the average price was the highest and the year in
which the average price was the lowest during the period.
``(2) Maximum loan rate.--Notwithstanding paragraph (1),
the loan rate under subsection (a) shall not exceed $350 per
ton.
``(3) Announcement.--The Secretary shall announce the loan
rate for each crop of peanuts not later than the February 15
preceding the marketing year for which the loan rate is being
determined.
``(c) Inspection, Handling, or Storage.--The loan rate determined
under subsection (b) for a crop of peanuts shall not be reduced by any
deduction for inspection, handling, or storage.
``(d) Location and Other Factors.--The Secretary may make
adjustments in the loan rate determined under subsection (b) for the
location of peanuts and such other factors as are authorized by section
403(a) of the Agricultural Act of 1949 (7 U.S.C. 1423).
``(e) No Net Cost Requirement.--Loans under subsection (a) shall be
administered at no net cost to the Commodity Credit Corporation.
``(f) Marketing of Peanuts Owned or Controlled by Commodity Credit
Corporation.--Any peanuts owned or controlled by the Commodity Credit
Corporation may be made available for domestic edible use, in
accordance with regulations issued by the Secretary, so long as doing
so results in no net cost to the Commodity Credit Corporation.
``(g) Commodity Credit Corporation.--The Secretary shall carry out
the program authorized by this section through the Commodity Credit
Corporation.''.
(b) Repeal of Other Peanut Price Support Authority.--The
Agricultural Act of 1949 (7 U.S.C. 1441 et seq.) is amended--
(1) in section 101(b) (7 U.S.C. 1441(b)), by striking ``and
peanuts''; and
(2) in section 408 (7 U.S.C. 1428)--
(A) in subsection (c), by striking ``peanuts,'';
and
(B) in subsection (d), by inserting before the
period at the end the following: ``or peanuts''.
SEC. 3. ELIMINATION OF PEANUT QUOTAS FOR 2004 AND SUBSEQUENT CROPS OF
PEANUTS.
(a) In General.--Part VI of subtitle B of title III of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 et seq.) is
repealed.
(b) Conforming Amendments.--
(1) Definitions.--Section 301(b) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1301(b)) is amended--
(A) in paragraph (3)(A), by striking ``corn, rice,
and peanuts'' and inserting ``corn and rice'';
(B) in paragraph (6), by striking subparagraph (C);
(C) in paragraph (10)(A)--
(i) by striking ``wheat, and peanuts'' and
inserting ``and wheat''; and
(ii) by striking ``; 20 per centum in the
case of wheat; and 15 per centum in the case of
peanuts'' and inserting ``; and 20 percent in
the case of wheat'';
(D) in paragraph (13)--
(i) by striking subparagraphs (B) and (C);
and
(ii) in subparagraph (G), by striking ``or
peanuts'' both places it appears; and
(E) in paragraph (16)(A), by striking ``rice, and
peanuts'' and inserting ``and rice''.
(2) Administrative provisions.--Section 361 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1361) is amended
by striking ``peanuts,''.
(3) Adjustment of quotas.--Section 371 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1371) is amended--
(A) in the first sentence of subsection (a), by
striking ``peanuts,''; and
(B) in the first sentence of subsection (b), by
striking ``peanuts''.
(4) Reports and records.--Section 373 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1373) is amended--
(A) in subsection (a), by striking the first
sentence and inserting the following new sentence:
``This subsection shall apply to warehousemen,
processors, and common carriers of corn, wheat, cotton,
rice, or tobacco, and all ginners of cotton, all
persons engaged in the business of purchasing corn,
wheat, cotton, rice, or tobacco from producers, and all
persons engaged in the business of redrying, prizing,
or stemming tobacco for producers.''; and
(B) in subsection (b), by striking ``peanuts,''.
(5) Regulations.--Section 375(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1375(a)) is amended by
striking ``peanuts,''.
(6) Eminent domain.--The first sentence of section 378(c)
of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1378(c))
is amended by striking ``cotton, tobacco, and peanuts,'' and
inserting ``cotton and tobacco,''.
(c) Liability.--A provision of this section or an amendment made by
this section shall not affect the liability of any person under any
provision of law as in effect before the application of the provision
of this section or the amendment in accordance with this section.
(d) Effective Date.--The amendments made by this section shall take
effect October 1, 2003, and shall apply with respect to the 2004 and
subsequent crops of peanuts.
SEC. 4. PURCHASE OF PEANUTS FOR NUTRITION PROGRAMS.
Section 14 of the National School Lunch Act (42 U.S.C. 1762a) is
amended by adding at the end the following:
``(h) Purchase of Peanuts for Nutrition Programs.--
``(1) Definitions.--In this subsection--
``(A) Additional peanuts.--The term `additional
peanuts' has the meaning given the term in section 358-
1(e) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1358-1(e)).
``(B) Covered program.--The term `covered program'
means--
``(i) a program established under this Act;
``(ii) a program established under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.);
``(iii) the emergency food assistance
program established under the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7501 et seq.);
``(iv) the food distribution program on
Indian reservations established under section
4(b) of the Food Stamp Act of 1977 (7 U.S.C.
2013(b));
``(v) the commodity distribution program
established under section 4 of the Agriculture
and Consumer Protection Act of 1973 (Public Law
93-86; 7 U.S.C. 612c note);
``(vi) the commodity supplemental food
program established under section 5 of the
Agriculture and Consumer Protection Act of 1973
(Public Law 93-86; 7 U.S.C. 612c note); and
``(vii) a nutrition program carried out
under part C of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030e et
seq.).
``(2) Purchases.--Notwithstanding any other provision of
law, in purchasing peanuts or peanut products to carry out a
covered program, the Secretary shall--
``(A) purchase the peanuts or peanut products at a
price that is not more than the prevailing world market
price for peanuts or peanut products produced in the
United States, as determined by the Secretary; and
``(B) in the case of peanut purchases, purchase
only additional peanuts.
``(3) Domestic edible use.--Notwithstanding any other
provision of law, additional peanuts purchased by the Secretary
to carry out a covered program shall not be considered to be
peanuts for domestic edible use under the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) or Agricultural
Market Transition Act (7 U.S.C. 7201 et seq.).
``(4) Supply.--The Secretary shall take such actions as are
necessary to ensure, to the maximum extent practicable, that an
adequate supply of additional peanuts is available to carry out
covered programs.
``(5) Penalties.--Notwithstanding any other provision of
law, a person that produces additional peanuts that are sold to
the Secretary, or sells additional peanuts to the Secretary,
for a covered program shall not be subject to a penalty or
other sanction for the production or sale of the additional
peanuts.''.
|
Amends the Agricultural Market Transition Act to: (1) reduce quota peanut price support levels through crop year 2003; (2) extend marketing assessment services through 2003; and (3) make nonrecourse loans available to all peanut producers at 85 percent of estimated market value as of crop year 2004.Amends the Agricultural Adjustment Act of 1938 to eliminate peanut quotas as of crop year 2004.Amends the National School Lunch Act to authorize the purchase at world market price of additional (excess of poundage quota) peanuts for the school lunch and other specified food and nutrition programs. States that such peanuts shall not be considered domestic edible use peanuts under the Agricultural Adjustment Act of 1938 or the Agricultural Market Transition Act.
|
{"src": "billsum_train", "title": "To amend the Agricultural Market Transition Act to gradually reduce the loan rate for peanuts, to repeal peanut quotas for the 2004 and subsequent crops, and to require the Secretary of Agriculture to purchase peanuts and peanut products for nutrition programs only at the world market price, and for other purposes."}
| 2,665 | 158 | 0.633201 | 1.825278 | 0.77482 | 2.167939 | 16.977099 | 0.885496 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Production Act
Reauthorization of 2003''.
SEC. 2. REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF 1950.
(a) In General.--The first sentence of section 717(a) of the
Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended--
(1) by striking ``sections 708'' and inserting ``sections 707,
708,''; and
(2) by striking ``September 30, 2003'' and inserting
``September 30, 2008''.
(b) Authorization of Appropriations.--Section 711(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by striking
``through 2003'' and inserting ``through 2008''.
SEC. 3. RESOURCE SHORTFALL FOR RADIATION-HARDENED ELECTRONICS.
(a) In General.--Notwithstanding the limitation contained in
section 303(a)(6)(C) of the Defense Production Act of 1950 (50 U.S.C.
App. 2093(a)(6)(C)), the President may take actions under section 303
of the Defense Production Act of 1950 to correct the industrial
resource shortfall for radiation-hardened electronics, to the extent
that such Presidential actions do not cause the aggregate outstanding
amount of all such actions to exceed $200,000,000.
(b) Report by the Secretary.--Before the end of the 6-month period
beginning on the date of the enactment of this Act, the Secretary of
Defense shall submit a report to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial Services of
the House of Representatives describing--
(1) the current state of the domestic industrial base for
radiation-hardened electronics;
(2) the projected requirements of the Department of Defense for
radiation-hardened electronics;
(3) the intentions of the Department of Defense for the
industrial base for radiation-hardened electronics; and
(4) the plans of the Department of Defense for use of providers
of radiation-hardened electronics beyond the providers with which
the Department had entered into contractual arrangements under the
authority of the Defense Production Act of 1950, as of the date of
the enactment of this Act.
SEC. 4. CLARIFICATION OF PRESIDENTIAL AUTHORITY.
Subsection (a) of section 705 of the Defense Production Act of 1950
(50 U.S.C. App. 2155(a)) is amended by inserting after the end of the
first sentence the following new sentence: ``The authority of the
President under this section includes the authority to obtain
information in order to perform industry studies assessing the
capabilities of the United States industrial base to support the
national defense.''.
SEC. 5. CRITICAL INFRASTRUCTURE PROTECTION AND RESTORATION.
Section 702 of the Defense Production Act of 1950 (50 U.S.C. App.
2152) is amended--
(1) by redesignating paragraphs (3) through (17) as paragraphs
(4) through (18), respectively;
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Critical infrastructure.--The term `critical
infrastructure' means any systems and assets, whether physical or
cyber-based, so vital to the United States that the degradation or
destruction of such systems and assets would have a debilitating
impact on national security, including, but not limited to,
national economic security and national public health or safety.'';
and
(3) in paragraph (14) (as so redesignated by paragraph (1) of
this section), by inserting ``and critical infrastructure
protection and restoration'' before the period at the end of the
last sentence.
SEC. 6. REPORT ON CONTRACTING WITH MINORITY- AND WOMEN-OWNED
BUSINESSES.
(a) Report Required.--Before the end of the 1-year period beginning
on the date of the enactment of this Act, the Secretary of Defense
shall submit a report to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services of the
House of Representatives on the extent to which contracts entered into
during the fiscal year ending before the end of such 1-year period
under the Defense Production Act of 1950 have been contracts with
minority- and women-owned businesses.
(b) Contents of Report.--The report submitted under subsection (a)
shall include the following:
(1) The types of goods and services obtained under contracts
with minority- and women-owned businesses under the Defense
Production Act of 1950 in the fiscal year covered in the report.
(2) The dollar amounts of such contracts.
(3) The ethnicity of the majority owners of such minority- and
women-owned businesses.
(4) A description of the types of barriers in the contracting
process, such as requirements for security clearances, that limit
contracting opportunities for minority- and women-owned businesses,
together with such recommendations for legislative or
administrative action as the Secretary of Defense may determine to
be appropriate for increasing opportunities for contracting with
minority- and women-owned businesses and removing barriers to such
increased participation.
(c) Definitions.--For purposes of this section, the terms ``women-
owned business'' and ``minority-owned business'' have the meanings
given such terms in section 21A(r) of the Federal Home Loan Bank Act,
and the term ``minority'' has the meaning given such term in section
1204(c)(3) of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
SEC. 7. REPORT ON IMPACT OF OFFSETS ON DOMESTIC CONTRACTORS AND LOWER
TIER SUBCONTRACTORS.
(a) Examination of Impact Required.--
(1) In general.--As part of the annual report required under
section 309(a) of the Defense Production Act of 1950 (50 U.S.C.
App. 2099(a)), the Secretary of Commerce (in this section referred
to as the ``Secretary'') shall--
(A) detail the number of foreign contracts involving
domestic contractors that use offsets, industrial participation
agreements, or similar arrangements during the preceding 5-year
period;
(B) calculate the aggregate, median, and mean values of the
contracts and the offsets, industrial participation agreements,
and similar arrangements during the preceding 5-year period;
and
(C) describe the impact of international or foreign sales
of United States defense products and related offsets,
industrial participation agreements, and similar arrangements
on domestic prime contractors and, to the extent practicable,
the first 3 tiers of domestic contractors and subcontractors
during the preceding 5-year period in terms of domestic
employment, including any job losses, on an annual basis.
(2) Use of internal documents.--To the extent that the
Department of Commerce is already in possession of relevant data,
the Department shall use internal documents or existing
departmental records to carry out paragraph (1).
(3) Information from non-federal entities.--
(A) Existing information.--In carrying out paragraph (1),
the Secretary shall only require a non-Federal entity to
provide information that is available through the existing data
collection and reporting systems of that non-Federal entity.
(B) Format.--The Secretary may require a non-Federal entity
to provide information to the Secretary in the same form that
is already provided to a foreign government in fulfilling an
offset arrangement, industrial participation agreement, or
similar arrangement.
(b) Report.--
(1) In general.--Before the end of the 8-month period beginning
on the date of enactment of this Act, the Secretary shall submit to
Congress a report containing the findings and conclusions of the
Secretary with regard to the examination made pursuant to
subsection (a).
(2) Copies of report.--The Secretary shall also transmit copies
of the report prepared under paragraph (1) to the United States
Trade Representative and the interagency team established pursuant
to section 123(c) of the Defense Production Act Amendments of 1992
(50 U.S.C. App. 2099 note).
(c) Responsibilities Regarding Consultation With Foreign Nations.--
Section 123(c) of the Defense Production Act Amendments of 1992 (50
U.S.C. App. 2099 note) is amended to read as follows:
``(c) Negotiations.--
``(1) Interagency team.--
``(A) In general.--It is the policy of Congress that the
President shall designate a chairman of an interagency team
comprised of the Secretary of Commerce, Secretary of Defense,
United States Trade Representative, Secretary of Labor, and
Secretary of State to consult with foreign nations on limiting
the adverse effects of offsets in defense procurement without
damaging the economy or the defense industrial base of the
United States or United States defense production or defense
preparedness.
``(B) Meetings.--The President shall direct the interagency
team to meet on a quarterly basis.
``(C) Reports.--The President shall direct the interagency
team to submit to Congress an annual report, to be included as
part of the report required under section 309(a) of the Defense
Production Act of 1950 (50 U.S.C. App. 2099(a)), that describes
the results of the consultations of the interagency team under
subparagraph (A) and the meetings of the interagency team under
subparagraph (B).
``(2) Recommendations for modifications.--The interagency team
shall submit to the President any recommendations for modifications
of any existing or proposed memorandum of understanding between
officials acting on behalf of the United States and one or more
foreign countries (or any instrumentality of a foreign country)
relating to--
``(A) research, development, or production of defense
equipment; or
``(B) the reciprocal procurement of defense items.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Defense Production Act Reauthorization of 2003 - (Sec. 2) Amends the Defense Production Act of 1950 to extend its expiration date and authorization of appropriations through FY 2008.
(Sec. 3) Authorizes the President to: (1) take action to correct an industrial resource shortfall for radiation-hardened electronics to the extent that such action does not cause the aggregate outstanding amount of all such actions for industrial resource shortfalls to exceed $200 million; and (2) obtain information in order to perform industry studies assessing capabilities of the U.S. industrial base to support the national defense. Requires a report from the Secretary of Defense to specified congressional committees on the current state of the domestic industrial base for, and Department of Defense requirements, intentions, and plans for, radiation-hardened electronics. (Sec. 4) Defines "critical infrastructure" under such Act as systems and assets, whether physical or cyber-based, so vital to the United States that their degradation or destruction would have a debilitating impact on national security, including national economic security and national public health or safety. (Sec. 6) Directs the Secretary to report to specified congressional committees on the extent to which contracts entered into under such Act during the one-year period after the enactment of this Act have been contracts with minority- and women-owned businesses. (Sec. 7) Requires the Secretary of Commerce, as part of an annual report from the President to specified congressional committees on the impact of offsets on U.S. defense preparedness, industrial competitiveness, employment, and trade, to: (1) detail the number of foreign contracts involving domestic contractors that used offsets or similar arrangements during the preceding five-year period; (2) calculate the values of such contracts and offsets; and (3) describe the impact of international or foreign sales of U.S. defense products and related offsets and arrangements on domestic prime contractors and lower-tier subcontractors during the preceding five-year period. Expresses the policy of Congress that the President shall designate a chairman of an interagency team to consult with foreign nations on limiting the adverse effects of offsets in defense procurement without damaging the U.S. economy, industrial base, or defense production or preparedness. Requires annual interagency team reports to Congress. Directs the interagency team to make recommendations to the President for modifications of any existing or proposed memorandum of understanding between the United States and one or more foreign countries relating to: (1) research, development, or production of defense equipment; or (2) the reciprocal procurement of defense items.
|
{"src": "billsum_train", "title": "An original bill to reauthorize the Defense Production Act of 1950, and for other purposes."}
| 2,205 | 561 | 0.599709 | 2.097426 | 0.775772 | 4.139918 | 4.061728 | 0.917695 |
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Promoting Lending to America's Small
Businesses Act of 2009''.
SEC. 2. LIMITS ON MEMBER BUSINESS LOANS.
Section 107A(a) of the Federal Credit Union Act (12 U.S.C.
1757a(a)) is amended by striking ``than the lesser of--'' and all that
follows and inserting ``than 25 percent of the total assets of the
credit union.''.
SEC. 3. DEFINITION OF MEMBER BUSINESS LOAN.
Section 107A(c)(1)(B)(iii) of the Federal Credit Union Act (12
U.S.C. 1757a(c)(1)(B)(iii)) is amended by striking ``$50,000'' and
inserting ``an amount, not to exceed $250,000, that the Board shall
prescribe by regulation''.
SEC. 4. RESTRICTION ON MEMBER BUSINESS LOANS.
Section 216(g)(2) of the Federal Credit Union Act (12 U.S.C.
1790d(g)(2)) is amended by striking ``until such time as the credit
union becomes adequately capitalized'' and inserting ``unless otherwise
approved by the Board''.
SEC. 5. MEMBER BUSINESS LOAN EXCLUSION FOR LOANS TO NONPROFIT RELIGIOUS
ORGANIZATIONS.
Section 107A(a) of the Federal Credit Union Act (12 U.S.C.
1757a(a)) is further amended by inserting ``, excluding loans made to
nonprofit religious organizations,'' after ``total amount of such
loans''.
SEC. 6. ENCOURAGING SMALL BUSINESS DEVELOPMENT IN UNDERSERVED URBAN AND
RURAL COMMUNITIES.
(a) Member Business Loan Exclusion for Loans in Underserved
Areas.--Section 107A(c)(1)(B) of the Federal Credit Union Act (12
U.S.C. 1757a(c)(1)(B)) is amended--
(1) by striking ``or'' after the semicolon at the end of
clause (iv);
(2) by redesignating clause (v) as clause (vi); and
(3) by inserting after clause (iv) the following new
clause:
``(v) that is made to a member, the
proceeds of which are to be used for
commercial, corporate, business, farm, or
agricultural purposes in an underserved area if
such extension of credit--
``(I) is made to a person or
organization whose principal residence
or place of business is located within
an underserved area (as defined in
section 101(10)) served by the credit
union, and is not a business, or a
local outlet of a business, operating
on a nationwide basis (for purposes of
this subclause, a locally owned
franchise that consists only of local
operations shall not be treated as a
business operating on a nationwide
basis); or
``(II) is secured by real property
located within, or is intended to
operate as part of a business located
within, such underserved area; or''.
(b) Underserved Area Defined.--Section 101 of the Federal Credit
Union Act (12 U.S.C. 1752) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) The term `underserved area'--
``(A) means a geographic area consisting of a
single census tract or a group of census tracts, each
of which--
``(i) meets the criteria for--
``(I) a low income community, as
defined in section 45D(e) of the
Internal Revenue Code of 1986; or
``(II) an investment area, as
defined and designated under section
103(16) of the Community Development
Banking and Financial Institutions Act
of 1994; and
``(ii) is not a tract in which 50 percent
or more of the resident families have annual
incomes in excess of $75,000 (as adjusted
periodically by the Board, at the discretion of
the Board, to reflect changes in the average
Consumer Price Index for all-urban consumers
published by the Department of Labor); and
``(B) notwithstanding subparagraph (A), includes,
with respect to any Federal credit union, any
geographic area within which such credit union--
``(i) has received approval to provide
service before the date of the enactment of the
Promoting Lending to America's Small Businesses
Act of 2009 from the National Credit Union
Administration; and
``(ii) has established a service facility
before such date of enactment.''.
|
Promoting Lending to America's Small Businesses Act of 2009 - Amends the Federal Credit Union Act to increase the total permissible amount of member business loans by an insured credit union (excluding those made to nonprofit religious organizations) to a limit of 25% of the credit union's total assets.
Increases from $50,000 to $250,000 the maximum total extensions of credit a borrower or associated member of an insured credit union may have before any extension of credit shall be considered a member business loan.
Revises the prohibition against an increase in the total amount of member business loans by an undercapitalized insured credit union until it becomes adequately capitalized. Repeals the condition of becoming adequately capitalized, and requires only that the National Credit Union Administration Board approve the increase.
Excludes from the definition of "member business loan" any extension of credit, meeting other specified criteria, that is made to a member for commercial, corporate, business, farm, or agricultural purposes in an underserved area.
|
{"src": "billsum_train", "title": "To amend the Federal Credit Union Act to advance the ability of credit unions to promote small business growth and economic development opportunities, and for other purposes."}
| 1,119 | 212 | 0.62053 | 1.726745 | 0.839051 | 2.352941 | 4.941176 | 0.823529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Chemistry Research and
Development Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Green chemistry.--The term ``green chemistry'' means
chemistry and chemical engineering to design chemical products
and processes that reduce or eliminate the use or generation of
hazardous substances.
(2) Interagency working group.--The term ``Interagency
Working Group'' means the interagency working group established
under section 3(c).
(3) Program.--The term ``Program'' means the Green
Chemistry Research and Development Program described in section
3.
SEC. 3. GREEN CHEMISTRY RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--The President shall establish a Green Chemistry
Research and Development Program to promote and coordinate Federal
green chemistry research, development, demonstration, education, and
technology transfer activities.
(b) Program Activities.--The activities of the Program shall be
designed to--
(1) provide sustained support for green chemistry research,
development, demonstration, education, and technology transfer
through--
(A) merit-reviewed competitive grants to individual
investigators and teams of investigators, including, to
the extent practicable, young investigators, for
research and development;
(B) merit-reviewed competitive grants to fund
collaborative university-industry research and
development partnerships;
(C) green chemistry research, development,
demonstration, and technology transfer conducted at
Federal laboratories; and
(D) to the extent practicable, encouragement of
consideration of green chemistry in--
(i) the conduct of Federal chemical science
and engineering research and development; and
(ii) the solicitation and evaluation of all
proposals for chemical science and engineering
research and development;
(2) examine methods by which the Federal Government can
create incentives for consideration and use of green chemistry
processes and products;
(3) facilitate the adoption of green chemistry innovations;
(4) expand education and training of undergraduate and
graduate students in green chemistry science and engineering;
(5) collect and disseminate information on green chemistry
research, development, and technology transfer, including
information on--
(A) incentives and impediments to development and
commercialization;
(B) accomplishments;
(C) best practices; and
(D) costs and benefits; and
(6) provide venues for outreach and dissemination of green
chemistry advances such as symposia, forums, conferences, and
written materials in collaboration with, as appropriate,
industry, academia, scientific and professional societies, and
other relevant groups.
(c) Interagency Working Group.--The President shall establish an
Interagency Working Group, which shall include representatives from the
National Science Foundation, the National Institute of Standards and
Technology, the Department of Energy, the Environmental Protection
Agency, and any other agency that the President may designate. The
Director of the National Science Foundation and the Assistant
Administrator for Research and Development of the Environmental
Protection Agency shall serve as co-chairs of the Interagency Working
Group. The Interagency Working Group shall oversee the planning,
management, and coordination of the Program. The Interagency Working
Group shall--
(1) establish goals and priorities for the Program, to the
extent practicable in consultation with green chemistry
researchers and potential end-users of green chemistry products
and processes; and
(2) provide for interagency coordination, including budget
coordination, of activities under the Program.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Interagency Working Group shall transmit a
report to the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
The report shall include--
(1) a summary of federally funded green chemistry research,
development, demonstration, education, and technology transfer
activities, including the green chemistry budget for each of
these activities; and
(2) an analysis of the progress made toward achieving the
goals and priorities for the Program, and recommendations for
future program activities.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) National Science Foundation.--From sums otherwise authorized to
be appropriated, there are authorized to be appropriated to the
National Science Foundation for carrying out this Act--
(1) $7,000,000 for fiscal year 2005;
(2) $7,500,000 for fiscal year 2006; and
(3) $8,000,000 for fiscal year 2007.
(b) National Institute of Standards and Technology.--From sums
otherwise authorized to be appropriated, there are authorized to be
appropriated to the National Institute of Standards and Technology for
carrying out this Act--
(1) $5,000,000 for fiscal year 2005;
(2) $5,500,000 for fiscal year 2006; and
(3) $6,000,000 for fiscal year 2007.
(c) Department of Energy.--From sums otherwise authorized to be
appropriated, there are authorized to be appropriated to the Department
of Energy for carrying out this Act--
(1) $7,000,000 for fiscal year 2005;
(2) $7,500,000 for fiscal year 2006; and
(3) $8,000,000 for fiscal year 2007.
(d) Environmental Protection Agency.--From sums otherwise
authorized to be appropriated, there are authorized to be appropriated
to the Environmental Protection Agency for carrying out this Act--
(1) $7,000,000 for fiscal year 2005;
(2) $7,500,000 for fiscal year 2006; and
(3) $8,000,000 for fiscal year 2007.
|
Green Chemistry Research and Development Act of 2004 - Directs the President to establish a Green Chemistry Research and Development Program to promote and coordinate Federal research, development, demonstration, education, and technology transfer activities related to green chemistry and chemical engineering to design chemical products and processes that reduce or eliminate the use or generation of hazardous substances.
Requires the President to establish an Interagency Working Group to oversee the planning, management, and coordination of the Program.
|
{"src": "billsum_train", "title": "A bill to provide for the implementation of a Green Chemistry Research and Development Program, and for other purposes."}
| 1,135 | 95 | 0.676239 | 1.664663 | 1.173354 | 5.94186 | 12.895349 | 0.965116 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``m-SPAM Act of 2009''.
SEC. 2. EXEMPTION OF CERTAIN QUALIFYING MESSAGES FROM THE DEFINITION OF
MOBILE SERVICE COMMERCIAL MESSAGE.
(a) In General.--Section 14(d) of the CAN-SPAM Act of 2003 (15
U.S.C. 7712(d)) is amended to read as follows:
``(d) Definitions.--In this section:
``(1) Commercial mobile service.--The term `commercial
mobile service' has the same meaning given such term in section
332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).
``(2) Mobile service commercial message.--The term `mobile
service commercial message'--
``(A) means--
``(i) a commercial electronic mail message
that is transmitted directly to a wireless
device that is utilized by a subscriber of
commercial mobile service in connection with
such service; and
``(ii) an unsolicited short message or a
short message where the recipient of such
message has not previously agreed to enter or
exercised an option to enter into an agreement
with the sender of such message to receive such
messages; and
``(B) does not include any such commercial
electronic mail message or short message, if the
primary purpose of such message is to--
``(i) facilitate, complete, or confirm a
commercial transaction that the recipient of
such message has previously agreed to enter
into with the sender of such message;
``(ii) provide warranty information,
product recall information, or safety or
security information with respect to a
commercial product or service used or purchased
by the recipient of such message;
``(iii) provide, with respect to a
subscription, membership, account, loan, or
comparable ongoing commercial relationship
involving the ongoing purchase or use by the
recipient of such message of products or
services offered by the sender of such
message--
``(I) notice concerning a change in
the terms or features of such
subscription, membership, account,
loan, or comparable ongoing commercial
relationship;
``(II) notice of a change in the
standing or status of the recipient
with respect to such subscription,
membership, account, loan, or
comparable ongoing commercial
relationship; or
``(III) at regular periodic
intervals, account balance information
or other types of account statements
with respect to such subscription,
membership, account, loan, or
comparable ongoing commercial
relationship;
``(iv) provide information directly related
to an employment relationship or related
benefit plan in which the recipient of such
message is eligible for, currently involved,
participating, or enrolled; or
``(v) deliver goods or services, including
product updates or upgrades, that the recipient
of such message is entitled to receive under
the terms of a transaction that the recipient
has previously agreed to enter into with the
sender of such message.
``(3) Short message.--The term `short message' means a text
or other message sent to a telephone number or an identifier
other than an electronic mail address assigned to a wireless
device.
``(4) Wireless device.--The term `wireless device' means a
phone or other device utilized by a user of commercial mobile
service in connection with such service.''.
(b) Certain Messages.--
(1) Applicability of act.--Section 14 of the CAN-SPAM Act
of 2003 (15 U.S.C. 7712) is amended by adding at the end the
following:
``(e) Applicability Regarding Short Messaging Services and Mobile
Service Commercial Messages.--This section shall not prohibit--
``(1) the sending of short messages--
``(A) from one wireless device to another; or
``(B) from a provider of commercial mobile service
to its subscribers at no charge to its subscribers; and
``(2) the sending of mobile service commercial messages by
a provider of commercial mobile service to its subscribers at
no charge to its subscribers unless a subscriber has expressed
his or her desire not to receive such messages from the
provider.''.
(2) Conforming amendment.--Section 14(b) of the CAN-SPAM
Act of 2003 (15 U.S.C. 7712(b)) is amended--
(A) in paragraph (1), by striking ``paragraph (3)''
and inserting ``subsection (e)(2)''; and
(B) in paragraph (3), by striking ``take into
consideration'' and all that follows through ``such
providers,'' and inserting ``shall require providers of
commercial mobile service,''.
SEC. 3. PROHIBITION ON UNAUTHORIZED MOBILE SERVICE COMMERCIAL MESSAGES
CONTAINING UNSOLICITED ADVERTISEMENTS.
(a) Prohibition.--Section 227(b)(1) of the Communications Act of
1934 (47 U.S.C. 227(b)(1)) is amended--
(1) in subparagraph (C)(iii), by striking ``; or'' and
inserting a semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) to send a mobile service commercial message
to any person who has not provided express prior
authorization for the receipt of such message to the
sender of such message.''.
(b) Definitions.--Section 227(a) of the Communications Act of 1934
(47 U.S.C. 227(a)) is amended--
(1) by redesignating paragraphs (3) through (5) as
paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) The term `commercial mobile service' has the same
meaning given such term in section 332(d).
``(4) The terms `mobile service commercial message', `short
message', and `wireless device' have the same meanings given
such terms, respectively, in section 14(d) of the CAN-SPAM Act
of 2003 (15 U.S.C. 7712(d)).''.
(c) Applicability.--Section 227(d) of the Communications Act of
1934 (47 U.S.C. 227(d)) is amended by adding at the end the following:
``(4) Applicability of prohibition on mobile service
commercial messages.--The prohibition prescribed under
subsection (b)(1)(E) shall not prohibit--
``(A) the sending of short messages--
``(i) from one wireless device to another;
or
``(ii) from a provider of commercial mobile
service to its subscribers at no charge to its
subscribers; and
``(B) the sending of mobile service commercial
messages by a provider of commercial mobile service to
its subscribers at no charge to its subscribers unless
a subscriber has expressed his or her desire not to
receive such messages from the provider.''.
(d) Effect on State Law.--Nothing in this Act or the amendments
made by this Act shall be construed to give a State any greater
authority over mobile service commercial messages than the authority
accorded to the States with respect to commercial electronic mail
messages or the information attached thereto under the CAN-SPAM Act of
2003 (15 U.S.C. 7701 et seq.).
SEC. 4. MOBILE SERVICE COMMERCIAL MESSAGES CONTAINING UNSOLICITED
ADVERTISEMENTS SENT TO CELLULAR TELEPHONES EXPLICITLY
PROHIBITED.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Federal Trade Commission shall revise the
do-not-call registry provisions of the Telemarketing Sales Rule (16
C.F.R. 310.4(b)(1)(iii))--
(1) to consider commercial mobile service messaging
practices that are costly or a nuisance to consumers; and
(2) to explicitly prohibit, as an abusive telemarketing act
or practice, the sending of any mobile service commercial
message to a telephone number that is--
(A) assigned to a commercial mobile service; and
(B) listed on the do-not-call registry,
except for such messages sent by a provider of commercial
mobile service to its subscribers at no charge to the
subscriber.
(b) Definitions.--As used in this section--
(1) the term ``mobile service commercial message'' has the
same meaning given such term in section 14(d) of the CAN-SPAM
Act of 2003 (15 U.S.C. 7712(d)); and
(2) the term ``commercial mobile service'' has the same
meaning given such term in section 332(d) of the Communications
Act of 1934 (47 U.S.C. 332(d)).
|
m-SPAM Act of 2009 - Amends the CAN-SPAM Act of 2003 to exclude a message from the definition of "mobile service commercial message" (MSCM) if the message's purpose is to: (1) facilitate or confirm a commercial transaction; (2) provide warranty, recall, safety, or security information about a product or service used by the recipient; (3) provide certain information to message recipients who have an ongoing commercial relationship with the sender; (4) provide information relating to the recipient's benefit plan or employment; or (5) deliver goods or services to which the recipient is entitled.
Amends that Act and the Communications Act of 1934 to exempt from a prohibition on sending unwanted MSCMs: (1) the sending of short messaging service (SMS) messages from one wireless device to another or from a mobile service provider to its subscribers at no charge; and (2) the sending of MSCMs by a mobile service provider to its subscribers at no charge (unless a subscriber has opted out).
Requires the Federal Trade Commission (FTC) to revise the do-not-call registry provisions of the Telemarketing Sales Rule to: (1) consider commercial mobile service messaging practices that are costly or a nuisance to consumers; and (2) explicitly prohibit, as an abusive telemarketing act or practice, the sending of any MSCM to a telephone number that is both assigned to a commercial mobile service and listed on the do-not-call registry. Exempts such messages sent by a commercial mobile service provider to its subscribers at no charge.
|
{"src": "billsum_train", "title": "A bill to prohibit unsolicited mobile text message spam."}
| 2,011 | 335 | 0.589156 | 1.887979 | 0.782557 | 4.09772 | 5.703583 | 0.925081 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iranian Leadership Asset
Transparency Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Iran is characterized by high levels of official and
institutional corruption, and substantial involvement by Iran's
security forces, particularly the Islamic Revolutionary Guard
Corps (in this Act referred to as the ``IRGC''), in the
economy.
(2) Many members of Iran's senior political and military
leadership have acquired significant personal and institutional
wealth by using their positions to secure control of
significant portions of Iran's national economy.
(3) Sanctions relief provided through the Joint
Comprehensive Plan of Action has resulted in the removal of
many Iranian entities that are tied to governmental corruption
from the list of entities sanctioned by the United States.
(4) The Department of the Treasury in 2011 designated
Iran's financial sector as a jurisdiction of primary money
laundering concern under section 5318A of title 31, United
States Code, stating ``Treasury has for the first time
identified the entire Iranian financial sector; including
Iran's Central Bank, private Iranian banks, and branches, and
subsidiaries of Iranian banks operating outside of Iran as
posing illicit finance risks for the global financial
system.''.
(5) Iran continues to be listed by the Financial Action
Task Force (in this section referred to as ``FATF'') among the
``high-risk and non-cooperative jurisdictions'', jurisdictions
that FATF perceives to be non-cooperative in the global fight
against terrorist finance and money laundering.
(6) Iran and North Korea are the only countries listed by
the FATF as ``high-risk and non-cooperative jurisdictions''
against which countries that are members of FATF should take
measures.
(7) The Transparency International index of perceived
public corruption ranks Iran 131st out of 176 countries
surveyed.
(8) The Department of State identified Iran as a ``major
money-laundering country'' in its International Narcotics
Control Strategy Report for 2016.
(9) The Department of State currently identifies Iran,
along with North Korea, Sudan, and Syria, as a state sponsor of
terrorism, for ``having repeatedly provided support for acts of
international terrorism''.
(10) The Department of State's Country Reports on Terrorism
for 2014, noted that ``Iran continued to sponsor terrorist
groups around the world, principally through its Islamic
Revolutionary Guard Corps-Qods Force (IRGC-QF). These groups
included Lebanese Hizballah, several Iraqi Shia militant
groups, Hamas, and Palestine Islamic Jihad. Iran, Hizballah,
and other Shia militia continued to provide support to the Asad
regime, dramatically bolstering its capabilities, prolonging
the civil war in Syria, and worsening the human rights and
refugee crisis there.''.
(11) The Government of Iran's tolerance of corruption and
nepotism in business limits opportunities for foreign and
domestic investment, particularly given the significant
involvement of the IRGC in many sectors of Iran's economy.
(12) The IRGC and the leadership-controlled bonyads
(foundations) control an estimated \1/3\ of Iran's total
economy, including large portions of Iran's telecommunications,
construction, and airport and port operations. These operations
give the IRGC and bonyads vast funds to support terrorist
organizations such as Hezbollah and Hamas.
(13) By gaining control of major economic sectors, the IRGC
and bonyads have also served to further disadvantage the
average citizen of Iran.
SEC. 3. REPORT RELATING TO ASSETS OF IRANIAN LEADERS AND SENIOR
POLITICAL FIGURES.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, and annually thereafter (or more frequently if
the Secretary of the Treasury determines it appropriate based on new
information received by the Secretary) for the following 2 years, the
Secretary of the Treasury shall, in furtherance of the Secretary's
efforts to prevent the financing of terrorism, money laundering, and
related illicit finance and to make financial institutions' required
compliance with sanctions more easily understood, submit to the
appropriate congressional committees a report containing--
(1) the estimated total funds or other assets held in
accounts at United States and foreign financial institutions
that are under direct or indirect control of each individual
described in subsection (b) and a description of such funds or
assets;
(2) an identification of any equity interest such an
individual has in an entity on the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury or in
any other entity with respect to which sanctions are imposed;
(3) a description of how such funds or assets or equity
interests were acquired, and how they have been used or
employed;
(4) a description of any new methods or techniques used to
evade anti-money laundering and related laws, including
recommendations to improve techniques to combat illicit uses of
the United States financial system by individuals described in
subsection (b);
(5) recommendations for how United States economic
sanctions against Iran may be revised to prevent the funds or
other assets described in paragraph (1) from being used by
individuals described in subsection (b) to contribute--
(A) to the continued development, testing, and
procurement of ballistic missile technology by Iran;
and
(B) to human rights abuses;
(6) an assessment of the impact and effectiveness of United
States economic sanctions programs against Iran;
(7) a description of how the Department of the Treasury
assesses the impact and effectiveness of United States economic
sanctions programs against Iran; and
(8) recommendations for improving the ability of the
Department of the Treasury to rapidly and effectively develop,
implement, and enforce additional economic sanctions against
Iran if so ordered by the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any
other provision of law.
(b) Individuals Described.--The individuals described in this
subsection are the following:
(1) The Supreme Leader of Iran.
(2) The President of Iran.
(3) Members of the Council of Guardians.
(4) Members of the Expediency Council.
(5) The Minister of Intelligence and Security.
(6) The Commander and the Deputy Commander of the IRGC.
(7) The Commander and the Deputy Commander of the IRGC
Ground Forces.
(8) The Commander and the Deputy Commander of the IRGC
Aerospace Force.
(9) The Commander and the Deputy Commander of the IRGC
Navy.
(10) The Commander of the Basij-e-Mostaz'afin.
(11) The Commander of the Qods Force.
(12) The Commander in Chief of the Police Force.
(13) The head of the IRGC Joint Staff.
(14) The Commander of the IRGC Intelligence.
(15) The head of the IRGC Imam Hussein University.
(16) The Supreme Leader's Representative at the IRGC.
(17) The Chief Executive Officer and the Chairman of the
IRGC Cooperative Foundation.
(18) The Commander of the Khatam-al-Anbia Construction Head
Quarter.
(19) The Chief Executive Officer of the Basij Cooperative
Foundation.
(20) The head of the Political Bureau of the IRGC.
(21) The head of the Atomic Energy Organization of Iran.
(c) Form of Report; Public Availability.--
(1) Form.--Each report required by subsection (a) shall be
submitted in unclassified form but may contain a classified
annex.
(2) Public availability.--The unclassified portion of a
report required by subsection (a) shall be made available to
the public and posted on a publicly available Internet website
of the Department of the Treasury--
(A) in English, Farsi, Arabic, and Azeri; and
(B) in precompressed, easily downloadable versions
that are made available in all appropriate formats.
(d) Sources of Information.--In preparing a report required by
subsection (a), the Secretary of the Treasury may use any credible
publication, database, web-based resource, public information compiled
by any government agency, and any information collected or compiled by
a nongovernmental organization or other entity provided to or made
available to the Secretary, that the Secretary finds credible.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Financial Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Foreign Relations of the
Senate.
(2) Funds.--The term ``funds'' means--
(A) cash;
(B) equity;
(C) any other intangible asset the value of which
is derived from a contractual claim, including bank
deposits, bonds, stocks, a security (as defined in
section 2(a) of the Securities Act of 1933 (15 U.S.C.
77b(a))), or a security or an equity security (as
defined in section 3(a) of the Securities Exchange Act
of 1934 (15 U.S.C. 78c(a))); and
(D) any other asset that the Secretary determines
appropriate.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that, in preparing the reports required
by section 3, the Secretary of the Treasury should consider acquiring
information from sources that--
(1) collect and, if necessary, translate high-veracity,
official records; or
(2) provide search and analysis tools that enable law
enforcement agencies to have new insights into commercial and
financial relationships.
|
Iranian Leadership Asset Transparency Act This bill requires the Department of the Treasury, in furtherance of efforts to prevent the financing of terrorism, money laundering, or related illicit finance and to make financial institutions' required compliance with sanctions more easily understood, to submit within 270 days and annually thereafter for the next two years a report regarding: the funds or other assets held in U.S. and foreign financial institutions that are directly or indirectly controlled by specified Iranian officials; any equity interest such official has in an entity on Treasury's list of specially designated nationals and blocked persons or in any other sanctioned entity; how such funds, assets, or equity interests were acquired and used; new methods used to evade anti-money laundering and related laws, including recommendations to improve techniques to combat illicit uses of the U.S. financial system by such officials. recommendations for revising U.S. economic sanctions against Iran to prevent Iranian officials from using funds or assets to develop and procure ballistic missile technology and commit human rights abuses; the effectiveness of U.S. economic sanctions against Iran and how Treasury assesses such effectiveness; and recommendations for improving Treasury's ability to develop and enforce additional economic sanctions against Iran if so ordered by the President. The unclassified portion of the report shall be made available to the public and posted on Treasury's website in downloadable English, Farsi, Arabic, and Azeri versions.
|
{"src": "billsum_train", "title": "Iranian Leadership Asset Transparency Act"}
| 2,136 | 298 | 0.471247 | 1.513052 | 0.779405 | 3.909434 | 7.558491 | 0.898113 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Retired Pay Fairness Act of
2009''.
SEC. 2. LIMITATIONS ON RECOUPMENT OF SEPARATION PAY, SPECIAL SEPARATION
BENEFITS, AND VOLUNTARY SEPARATION INCENTIVE FROM MEMBERS
SUBSEQUENTLY RECEIVING RETIRED OR RETAINER PAY.
(a) Separation Pay and Special Separation Benefits.--Section
1174(h)(1) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) in subparagraph (A), as so designated, by striking ``so
much of such pay as is based on the service for which he
received separation pay under this section or separation pay,
severance pay, or readjustment pay under any other provision of
law'' and inserting ``an amount, in such schedule of monthly
installments as the Secretary of Defense shall specify taking
into account the financial ability of the member to pay and
avoiding the imposition of undue financial hardship on the
member and member's dependents,''; and
(3) by adding at the end the following new subparagraphs:
``(B) The amount deducted under subparagraph (A) from a payment of
retired or retainer pay may not exceed 25 percent of the amount of the
member's retired or retainer pay for that month unless the member
requests or consents to deductions at an accelerated rate. The
Secretary of Defense shall consult with the member regarding the
repayment rate to be imposed, taking into account the financial ability
of the member to pay and avoiding the imposition of an undue hardship
on the member and the member's dependents.
``(C) The deduction of amounts from the retired or retainer pay of
a member under this paragraph may not commence until the date that is
90 days after the date on which the Secretary of Defense notifies the
member of the deduction of such amounts under this paragraph. Any
notice under this subparagraph shall be designed to provide clear and
comprehensive information on the deduction of amounts under this
paragraph, including information on the determination of the amount and
period of installments under this paragraph.
``(D) The Secretary of Defense may waive the deduction of amounts
from the retired or retainer pay of a member under this paragraph if
the Secretary determines that deduction of such amounts would result in
a financial hardship for the member.''.
(b) Voluntary Separation Incentive.--Section 1175(e)(3) of such
title is amended--
(1) in subparagraph (A), by striking ``so much of such pay
as is based on the service for which he received the voluntary
separation incentive'' and inserting ``an amount, in such
schedule of monthly installments as the Secretary of Defense or
the Secretary of Homeland Security, as applicable, shall
specify taking into account the financial ability of the member
to pay and avoiding the imposition of undue financial hardship
on the member and member's dependents,'';
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) The amount deducted under subparagraph (A) from a payment of
retired or retainer pay may not exceed 25 percent of the amount of the
member's retired or retainer pay for that month unless the member
requests or consents to deductions at an accelerated rate. The
Secretary of Defense or the Secretary of Homeland Security, as
applicable, shall consult with the member regarding the repayment rate
to be imposed, taking into account the financial ability of the member
to pay and avoiding the imposition of an undue hardship on the member
and the member's dependents.''; and
(4) by adding at the end the following new subparagraphs:
``(D) The deduction of amounts from the retired or retainer pay of
a member under this paragraph may not commence until the date that is
90 days after the date on which the Secretary of Defense or the
Secretary of Homeland Security, as applicable, notifies the member of
the deduction of such amounts under this paragraph. Any notice under
this subparagraph shall be designed to provide clear and comprehensive
information on the deduction of amounts under this paragraph, including
information on the determination of the amount and period of
installments under this paragraph.
``(E) The Secretary of Defense or the Secretary of Homeland
Security, as applicable, may waive the deduction of amounts from the
retired or retainer pay of a member under this paragraph if the
Secretary determines that deduction of such amounts would result in a
financial hardship for the member.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month beginning on or after the
date of the enactment of this Act and apply to deductions made from the
retired or retainer pay of members of the uniformed services for that
month and subsequent months.
|
Military Retired Pay Fairness Act of 2009 - Provides limitations on the recoupment of separation pay, special separation benefits, and voluntary separation incentive payments from members of the Armed Forces subsequently receiving military retired or retainer pay. Authorizes the Secretary of Defense or Homeland Security, as applicable, to waive such recoupments in cases of financial hardship.
|
{"src": "billsum_train", "title": "To amend title 10, United States Code, to limit recoupments of separation pay, special separation benefits, and voluntary separation incentive from members of the Armed Forces subsequently receiving retired or retainer pay."}
| 1,122 | 80 | 0.575013 | 1.467176 | 0.628403 | 3.709677 | 16.177419 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Training for Realtime Writers Act of
2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) As directed by Congress in section 723 of the
Communications Act of 1934 (47 U.S.C. 613), as added by section
305 of the Telecommunications Act of 1996 (Public Law 104-104;
110 Stat. 126), the Federal Communications Commission began
enforcing rules requiring full closed captioning of most
English television programming on January 1, 2006.
(2) The Federal Communications Commission rules also
require that video programming be fully captioned in Spanish by
2010.
(3) More than 30,000,000 Americans are considered deaf or
hard of hearing, and many require captioning services to
participate in mainstream activities.
(4) The National Institute on Deafness and other
Communication Disorders estimates that 1 in 3 Americans over
the age of 60 has already experienced hearing loss. The
79,000,000 Americans who are identified as ``baby boomers''
represent 39 percent of the population of the United States and
most baby boomers began to reach age 60 just in the last few
years.
(5) Closed captioning is a continuous source of emergency
information for people in mass transit and other congregate
settings.
(6) Empirical research studies since 1988 demonstrate that
captions improve the performance of individuals learning to
read English.
SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB
PLACEMENT OF REALTIME WRITERS.
(a) In General.--The Secretary of Commerce shall make competitive
grants to eligible entities under subsection (b) to promote training
and placement of individuals, including individuals who have completed
a court reporting training program, as realtime writers in order to
meet the requirements for closed captioning of video programming set
forth in section 723 of the Communications Act of 1934 (47 U.S.C. 613)
and the rules prescribed thereunder.
(b) Eligible Entities.--For purposes of this Act, an eligible
entity is a court reporting program that--
(1) can document and demonstrate to the Secretary of
Commerce that it meets minimum standards of educational and
financial accountability, with a curriculum capable of training
realtime writers qualified to provide captioning services;
(2) is accredited by an accrediting agency recognized by
the Department of Education; and
(3) is participating in student aid programs under title IV
of the Higher Education Act of 1965.
(c) Priority in Grants.--In determining whether to make grants
under this section, the Secretary of Commerce shall give a priority to
eligible entities that, as determined by the Secretary--
(1) possess the most substantial capability to increase
their capacity to train realtime writers;
(2) demonstrate the most promising collaboration with local
educational institutions, businesses, labor organizations, or
other community groups having the potential to train or provide
job placement assistance to realtime writers; or
(3) propose the most promising and innovative approaches
for initiating or expanding training or job placement
assistance efforts with respect to realtime writers.
(d) Duration of Grant.--A grant under this section shall be for a
period of 2 years.
(e) Maximum Amount of Grant.--The amount of a grant provided under
subsection (a) to an entity eligible may not exceed $1,500,000 for the
2-year period of the grant under subsection (d).
SEC. 4. APPLICATION.
(a) In General.--To receive a grant under section 3, an eligible
entity shall submit an application to the Secretary of Commerce at such
time and in such manner as the secretary may require. The application
shall contain the information set forth under subsection (b).
(b) Information.--Information in the application of an eligible
entity under subsection (a) for a grant under section 3 shall include
the following:
(1) A description of the training and assistance to be
funded using the grant amount, including how such training and
assistance will increase the number of realtime writers.
(2) A description of performance measures to be utilized to
evaluate the progress of individuals receiving such training
and assistance in matters relating to enrollment, completion of
training, and job placement and retention.
(3) A description of the manner in which the eligible
entity will ensure that recipients of scholarships, if any,
funded by the grant will be employed and retained as realtime
writers.
(4) A description of the manner in which the eligible
entity intends to continue providing the training and
assistance to be funded by the grant after the end of the grant
period, including any partnerships or arrangements established
for that purpose.
(5) A description of how the eligible entity will work with
local workforce investment boards to ensure that training and
assistance to be funded with the grant will further local
workforce goals, including the creation of educational
opportunities for individuals who are from economically
disadvantaged backgrounds or are displaced workers.
(6) Additional information, if any, of the eligibility of
the eligible entity for priority in the making of grants under
section 3(c).
(7) Such other information as the Secretary may require.
SEC. 5. USE OF FUNDS.
(a) In General.--An eligible entity receiving a grant under section
3 shall use the grant amount for purposes relating to the recruitment,
training and assistance, and job placement of individuals, including
individuals who have completed a court reporting training program, as
realtime writers, including--
(1) recruitment;
(2) subject to subsection (b), the provision of
scholarships;
(3) distance learning;
(4) further developing and implementing both English and
Spanish curriculum to more effectively train realtime writing
skills, and education in the knowledge necessary for the
delivery of high-quality closed captioning services;
(5) mentoring students to ensure successful completion of
the realtime training and provide assistance in job placement;
(6) encouraging individuals with disabilities to pursue a
career in realtime writing; and
(7) the employment and payment of personnel for all such
purposes.
(b) Scholarships.--
(1) Amount.--The amount of a scholarship under subsection
(a)(2) shall be based on the amount of need of the recipient of
the scholarship for financial assistance, as determined in
accordance with part F of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087kk).
(2) Agreement.--Each recipient of a scholarship under
subsection (a)(2) shall enter into an agreement with the school
in which the recipient is enrolled to provide realtime writing
services for a period of time appropriate (as determined by the
Secretary of Commerce or the Secretary's designee) for the
amount of the scholarship received.
(3) Coursework and employment.--The Secretary of Commerce
or the Secretary's designee shall establish requirements for
coursework and employment for recipients of scholarships under
subsection (a)(2), including requirements for repayment of
scholarship amounts in the event of failure to meet such
requirements for coursework and employment. Requirements for
repayment of scholarship amounts shall take into account the
effect of economic conditions on the capacity of scholarship
recipients to find work as realtime writers.
(c) Administrative Costs.--The recipient of a grant under section 3
may not use more than 5 percent of the grant amount to pay
administrative costs associated with activities funded by the grant.
The Secretary shall use not more than 5 percent of the amount available
for grants under this Act in any fiscal year for administrative costs
of the program.
(d) Supplement Not Supplant.--Grants amounts under this Act shall
supplement and not supplant other Federal or non-Federal funds of the
grant recipient for purposes of promoting the training and placement of
individuals as realtime writers.
SEC. 6. REPORTS.
(a) Annual Reports.--Each eligible entity receiving a grant under
section 3 shall submit to the Secretary of Commerce, at the end of each
year of the grant period, a report on the activities of such entity
with respect to the use of grant amounts during such year.
(b) Report Information.--
(1) In general.--Each report of an entity for a year under
subsection (a) shall include a description of the use of grant
amounts by the entity during such year, including an assessment
by the entity of the effectiveness of activities carried out
using such funds in increasing the number of realtime writers.
The assessment shall utilize the performance measures submitted
by the entity in the application for the grant under section
4(b).
(2) Final report.--The final report of an entity on a grant
under subsection (a) shall include a description of the best
practices identified by the entity as a result of the grant for
increasing the number of individuals who are trained, employed,
and retained in employment as realtime writers.
(c) Annual Review.--The Inspector General of the Department of
Commerce shall conduct an annual review of the management, efficiency,
and effectiveness of the grants made under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of Commerce
to carry out this Act $20,000,000 for each of fiscal years 2008, 2009,
2010, 2011, and 2012.
SEC. 8. SUNSET.
This Act is repealed effective the last day of the fifth fiscal
year in which funds are appropriated to carry out this Act.
|
Training for Realtime Writers Act of 2007 - Directs the Secretary of Commerce to make competitive grants to eligible entities to promote recruitment, training, and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers providing closed captioning in video programming. Sets forth priorities in making grants. Limits grants to $1.5 million for a two-year period. Repeals this Act five years after funds are appropriated to carry it out.
|
{"src": "billsum_train", "title": "To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996, and for other purposes."}
| 1,957 | 101 | 0.483442 | 1.453642 | 0.986087 | 3.755814 | 22.174419 | 0.895349 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Treasury's Anti-Terror
Tools Act''.
SEC. 2. EXAMINING THE DEPARTMENT OF THE TREASURY'S COUNTER-TERROR
FINANCING ROLE IN EMBASSIES.
Within 180 days of the enactment of this Act, the Secretary of the
Treasury shall issue a report to the Committees on Financial Services
and Foreign Affairs of the House of Representatives and the Committees
on Banking, Housing, and Urban Affairs and Foreign Relations of the
Senate containing--
(1) a list of the United States embassies in which a full-
time Department of the Treasury attache is stationed;
(2) a list of the United States embassies at which a
Department of the Treasury attache is assigned for temporary
duty, the length of such assignments, and the reason why such
assignments are not considered to be a permanent assignments;
(3) how the Department of the Treasury's interests relating
to anti-terror finance, money laundering, and related illicit
finance issues are handled at other embassies, including a
discussion of the reporting structure by which such issues are
brought to the direct attention of the ambassador;
(4) a description of the role the Department of the
Treasury attaches play in advancing America's anti-terrorism
financing interests;
(5) a discussion of patterns, trends, or other issues
identified by Department of the Treasury attaches in the
previous year concerning anti-terror finance, money laundering,
and related illicit finance;
(6) recommendations to improve coordination between the
Department of the Treasury and foreign financial ministries of
efforts to block the financing of terror, money laundering, and
related illicit finance; and
(7) a discussion of whether the Department of the
Treasury's interests relating to anti-terror finance, money
laundering, or related illicit finance issues are thought to be
under-represented in some embassies or regions.
SEC. 3. CLARIFYING REQUIREMENTS FOR RECORDKEEPING.
(a) In General.--Section 5326 of title 31, United States Code, is
amended--
(1) in the heading of such section, by striking ``coin and
currency'';
(2) in subsection (a)--
(A) by striking ``subtitle and'' and inserting
``subtitle or to''; and
(B) in paragraph (1)(A), by striking ``United
States coins or currency (or such other monetary
instruments as the Secretary may describe in such
order)'' and inserting ``funds (as the Secretary may
describe in such order),''; and
(3) in subsection (b)--
(A) in paragraph (1)(A), by striking ``coins or
currency (or monetary instruments)'' and inserting
``funds''; and
(B) in paragraph (2), by striking ``coins or
currency (or such other monetary instruments as the
Secretary may describe in the regulation or order)''
and inserting ``funds (as the Secretary may describe in
the regulation or order)''.
(b) Clerical Amendment.--The table of contents for chapter 53 of
title 31, United States Code, is amended in the item relating to
section 5326 by striking ``coin and currency''.
SEC. 4. STUDY OF BUREAU STATUS.
(a) Study.--The Secretary of the Treasury shall carry out a study
on the advisability and implications of transforming the Office of
Terrorism and Financial Intelligence into a standalone bureau of the
Department of the Treasury, and the effects such a move would have on
the Department of the Treasury's efforts to stop money laundering, the
financing of terror, and related illicit finance.
(b) Report.--Within 270 days of the date of the enactment of this
Act, the Secretary of the Treasury shall issue a report to the
Committee on Financial Services and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs and the Select Committee on
Intelligence of the Senate containing all findings and determinations
made in carrying out the study required under subsection (a).
SEC. 5. IMPROVING ANTI-TERROR FINANCE MONITORING OF FUNDS TRANSFERS.
(a) Study.--To improve the Department of the Treasury's ability to
better track cross-border fund transfers and identify potential
financing of terror or other illicit finance, the Secretary of the
Treasury shall carry out a study to assess--
(1) the potential efficacy of requiring banking regulators
to establish a pilot program to provide technical assistance to
depository institutions and credit unions that wish to provide
account services to money services businesses serving
individuals in Somalia;
(2) whether such a pilot program could be a model for
improving the ability of Americans to legitimately send funds
to their loved ones through transparent and easily monitored
channels; and
(3) the potential impact of allowing money services
businesses to share their State examinations with depository
institutions and credit unions, or if another mechanism could
be found to allow a similar exchange of information that would
give such depository institutions and credit unions a better
understanding of whether an individual money services business
is adequately meeting its anti-money laundering and counter
terror financing obligations to combat money laundering, the
financing of terror, or related illicit finance.
(b) Report.--Within 270 days of the date of the enactment of this
Act, the Secretary of the Treasury shall issue a report to the
Committees on Financial Services and Foreign Affairs of the House of
Representatives and the Committees on Banking, Housing, and Urban
Affairs and Foreign Relations of the Senate containing all findings and
determinations made in carrying out the study required under subsection
(a).
(c) Money Services Business Defined.--For purposes of this section,
the term ``money services business'' has the meaning given that term
under section 1010.100 of title 31, Code of Federal Regulations.
SEC. 6. SENSE OF CONGRESS.
It is the sense of the Congress that the Secretary of the Treasury,
acting in the Secretary's own capacity and through the Under Secretary
for Terrorism and Financial Crimes, should work with finance ministry
counterparts worldwide to spur the development within such ministries
of entities similar to the Department of the Treasury's Office of
Intelligence and Analysis to more solidly integrate the intelligence
community with anti-money laundering and counter-terrorist financing
efforts.
Passed the House of Representatives July 11, 2016.
Attest:
KAREN L. HAAS,
Clerk.
|
Enhancing Treasury's Anti-Terror Tools Act (Sec. 2) This bill instructs the Department of the Treasury to report to Congress on the employment by U.S. embassies of full-time and temporary Treasury attaches and their role in advancing U.S. anti-terrorism financing interests, including concerning: how Treasury's interests relating to anti-terror finance, money laundering, and related illicit finance issues are handled at other embassies; issues identified by Treasury attaches concerning anti-terror finance, money laundering, and related illicit finance; recommendations to improve coordination between Treasury and foreign financial ministries of efforts to block the financing of terror, money laundering, and related illicit finance; and whether Treasury's interests relating to anti-terror finance, money laundering, or related illicit finance issues are thought to be underrepresented in some embassies or regions. (Sec. 3) The bill revises Treasury's authority to issue an order imposing recordkeeping and reporting requirements upon financial institutions and nonfinancial trade or business groups in certain geographic areas regarding transactions for the payment, receipt, or transfer of U.S. coins or currency (or other monetary instruments as Treasury may describe). Such an order may include all funds, not just U.S. coins or currency, involved in such transactions. (Sec. 4) Treasury shall study: the advisability and implications of transforming the Office of Terrorism and Financial Intelligence into a stand-alone bureau of Treasury, the potential efficacy of requiring banking regulators to establish a pilot technical assistance program for depository institutions and credit unions that furnish account services to money services businesses serving individuals in Somalia and whether it could improve the ability of Americans to legitimately send funds through transparent and easily monitored channels, and the potential impact of allowing money services businesses to share their state examinations with depository institutions and credit unions. (Sec. 6) The bill expresses the sense of Congress that Treasury should work with finance ministry counterparts worldwide to spur the development of entities similar to its Office of Intelligence and Analysis to integrate the intelligence community with anti-money laundering and counter-terrorist financing efforts.
|
{"src": "billsum_train", "title": "Enhancing Treasury's Anti-Terror Tools Act"}
| 1,454 | 478 | 0.714755 | 2.300351 | 0.829595 | 4.5925 | 3.2975 | 0.8925 |
SECTION 1. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY
PERSONS SERVING WITH, EMPLOYED BY, OR ACCOMPANYING THE
ARMED FORCES.
(a) In General.--Subtitle A of title 10 of the United States Code
is amended by inserting after chapter 49 the following new chapter:
``CHAPTER 50--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES
``Sec.
``991. Persons serving with, employed by, or accompanying the armed
forces outside United States: trial by
United States.
``992. Persons serving with, employed by, or accompanying the armed
forces outside the United States: delivery
to authorities of foreign country.
``993. Military tribunals: concurrent jurisdiction.
``994. Regulations.
``995. Definitions.
``Sec. 991. Persons serving with, employed by, or accompanying the
armed forces outside United States: trial by United
States
``(a) Except as otherwise provided in this section, any person who,
while serving with, employed by, or accompanying the armed forces
outside of the United States, engages in conduct which would constitute
a criminal offense if the conduct were engaged in within the special
maritime and territorial jurisdiction of the United States shall be
guilty of a like offense against the United States and shall be subject
to the same punishment as is provided under title 18 for such like
offense.
``(b) A person serving with, employed by, or accompanying the armed
forces outside the United States is not punishable under subsection (a)
for conduct described in that subsection if that person is not a
national of the United States and was appointed to that person's
position of employment in the country in which the person engaged in
that conduct.
``(c)(1) Except in the case of a prosecution approved as provided
in paragraph (2) or a prosecution before a court-martial, military
commission, provost court, or other military tribunal, prosecution of a
person may not be commenced under this section for an offense described
in subsection (a) if a foreign government, in accordance with
jurisdiction recognized by the United States, has prosecuted such
person for the conduct constituting the offense described in subsection
(a).
``(2) The Attorney General of the United States, the Deputy
Attorney General of the United States, the Associate Attorney General
of the United States, or an Assistant Attorney General of the United
States may approve a prosecution which, except for this paragraph, is
prohibited under paragraph (1). An approval of prosecution under this
paragraph must be in writing. The authority to approve a prosecution
under this paragraph may not be delegated below the level of Assistant
Attorney General.
``(d)(1) The Secretary of Defense may designate and authorize any
person serving in a law enforcement position in a criminal
investigative agency of the Department of Defense to apprehend and
detain, outside the United States, any person described in subsection
(a) who is reasonably believed to have engaged in an offense under that
subsection.
``(2) A person apprehended and detained under paragraph (1) shall
be released to the custody of civilian law enforcement authorities of
the United States for removal to the United States for judicial
proceedings in relation to the conduct referred to in that paragraph
unless (A) that person is delivered to authorities of a foreign country
under section 992 of this title, or (B) that person is pending court-
martial under chapter 47 of this title (the Uniform Code of Military
Justice) for charges arising from such conduct.
``Sec. 992. Persons serving with, employed, by or accompanying the
armed forces outside the United States: delivery to
authorities of foreign country
``(a) A person designated and authorized under section 991(d) of
this title may deliver any person to the appropriate authorities of a
foreign country in which that person is alleged to have engaged in an
offense under section 991(a) of this title if--
``(1) the appropriate authorities of that country request
the delivery of the person to such country for trial for such
conduct as an offense under the laws of that country; and
``(2) the delivery of such person to that country is
authorized by a treaty or other international agreement to
which the United States is a party.
``(b) The Secretary of Defense may confine or otherwise restrain a
person whose delivery is requested under subsection (a) until the
completion of the trial of that person by the foreign country making
the request.
``(c) The Secretary of Defense shall determine what officials of a
foreign country constitute appropriate authorities for the purposes of
this section.
``Sec. 993. Military tribunals: concurrent jurisdiction
``Nothing contained in this chapter deprives courts-martial,
military commissions, provost courts, or other military tribunals of
concurrent jurisdiction with respect to offenders or offenses that by
statute or by the law of war may be tried by courts-martial, military
commissions, provost courts, or other military tribunals.
``Sec. 994. Regulations
``The Secretary of Defense shall prescribe regulations governing
apprehension, detention, and removal of persons under this chapter.
Such regulations shall apply uniformly throughout the Department of
Defense.
``Sec. 995. Definitions
``In this chapter:
``(1) The term `person serving with, employed by, or
accompanying the armed forces outside of the United States'
includes a person who is--
``(A) a dependent of a member of the armed forces
residing with the member outside the United States;
``(B) a civilian employee of a military department
who is not a national of the host nation and is
residing outside the United States in connection with
that employment or a dependent of such an employee who
is residing with that employee outside the United
States; and
``(C) an employee of a Department of Defense
contractor who is not a national of the host nation and
is residing outside the United States in connection
with that employment or a dependent of such an employee
who is residing with that employee outside the United
States.
``(2) The term `criminal offense' means an offense against
the United States other than an infraction.
``(3) The term `national of the United States' means--
``(A) a citizen of the United States; or
``(B) a person who, though not a citizen of the
United States, owes permanent allegiance to the United
States.
``(4) The term `United States', when used in a geographical
sense, includes the special maritime and territorial
jurisdiction of the United States.
``(5) The term `special maritime and territorial
jurisdiction of the United States' has the meaning given that
term in section 7 of title 18.''.
(b) Clerical Amendment.--The tables of chapters at the beginning of
such subtitle, and at the beginning of part II of such subtitle, are
each amended by inserting after the item relating to chapter 49 the
following:
``50. Criminal Offenses Committed Outside the United States. 991''.
|
Provides that persons serving with, employed by, or accompanying the armed forces outside the United States who engage in conduct which would constitute a criminal offense within the maritime and territorial jurisdiction of the United States shall be guilty of a like offense against the United States and shall be subject to prosecution and punishment under the Federal criminal code. Exempts such persons who are not nationals of the United States and who were appointed to their positions in the country in which the conduct occurred. Prohibits prosecution for such an offense if a foreign government has prosecuted such person for the conduct, except as may be authorized by specified Federal officials in certain instances.
Authorizes the Secretary of Defense to designate a person serving in a law enforcement position in a criminal investigative agency of the Department of Defense to apprehend and detain outside the United States any person reasonably believed to have engaged in such an offense. Provides for release of such person to civilian law enforcement authorities of the United States for judicial proceedings. Authorizes such law enforcement designee to deliver to the appropriate authorities of a foreign country an individual alleged to have engaged in such an offense if: (1) the appropriate authorities of such country request such delivery for trial; and (2) such delivery is authorized by a treaty or an agreement to which the United States is a party.
Retains any concurrent jurisdiction of military tribunals with respect to offenses of such persons which may be tried by court- martial or otherwise.
|
{"src": "billsum_train", "title": "To amend title 10, United States Code, to provide for jurisdiction, apprehension, and detention of certain civilians accompanying the Armed Forces outside the United States, and for other purposes."}
| 1,582 | 316 | 0.648158 | 1.999098 | 0.904179 | 4.421429 | 5.35 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Close the SILO/LILO Loophole Act of
2009''.
SEC. 2. EXCISE TAX ON CERTAIN PROCEEDS RECEIVED ON SILO AND LILO
TRANSACTIONS.
(a) In General.--Subchapter F of chapter 42 of subtitle D of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 4965A. EXCISE TAX ON CERTAIN PROCEEDS RECEIVED ON SILO AND LILO
TRANSACTIONS.
``(a) Imposition of Tax.--In the case of any person other than a
SILO/LILO lessee that receives any ineligible amount as a party to any
SILO transaction or any LILO transaction, such person shall pay a tax
for the taxable year in which such ineligible amounts are received.
``(b) Amount of Tax.--The amount of the tax imposed under
subsection (a) with respect to any person shall be an amount equal to
the aggregate ineligible amounts received by such person in the taxable
year.
``(c) Definitions.--For purposes of this section--
``(1) Ineligible amount.--The term `ineligible amount'
means, with respect to any SILO transaction or LILO
transaction, the excess of--
``(A) the aggregate proceeds received by the
taxpayer attributable to or arising from any remedial
action relating to such transaction, or any consensual
termination or rescission of any such transaction
(including the value of any property received and any
additional amounts purporting to indemnify or reimburse
the taxpayer for taxes assessable on any amounts
received), over
``(B) the aggregate proceeds described in
subparagraph (A) that are received from third parties
(other than the SILO/LILO lessee) pursuant to a payment
arrangement (including a defeasance escrow arrangement)
entered into at the time of such transaction in which
the SILO/LILO lessee's payment obligations were
economically defeased in whole or in part.
``(2) SILO transaction.--The term `SILO transaction' means
a purported sale-leaseback arrangement which is identified as a
listed transaction in Notice 2005-13.
``(3) LILO transaction.--The term `LILO transaction' means
a transaction which is a `lease-in/lease-out' transaction
described in Revenue Rulings 99-14 and 2002-69 and identified
as a listed transaction in Notice 2000-15, or which is
substantially similar to such a transaction.
``(4) SILO/LILO lessee.--The term `SILO/LILO lessee' means
any lessee in a SILO transaction or a LILO transaction that
is--
``(A) a tax-exempt entity (within the meaning of
section 168(h)(2)) or any other cooperative, nonprofit,
limited dividend, or mutual association, or
``(B) any other person that does not derive a
substantial economic benefit from the tax
characterization of such transaction.
``(d) Certain Transfers Disregarded.--If any person who is subject
to the tax under subsection (a) is a party to any transaction that
results in the transfer of such person's rights with respect to a SILO
transaction or a LILO transaction to any other person who would, but
for this subsection, not be subject to the full amount of the tax under
subsection (a) with respect to such SILO transaction or LILO
transaction, then such transfer shall be disregarded for purposes of
this section and the taxpayer shall continue to be treated as the
recipient of any ineligible amount.
``(e) Regulatory Authority.--The Secretary is authorized to
promulgate regulations consistent with the purposes of this section,
including regulations to prevent the avoidance of such purposes.
``(f) Coordination With Other Taxes and Penalties.--The tax imposed
by this section is in addition to any other tax, addition to tax, or
penalty imposed under this title.''.
(b) Clerical Amendment.--The table of sections for subchapter F of
chapter 42 of subtitle D of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:
``Sec. 4965A. Excise tax on certain proceeds received on SILO and LILO
transactions.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after the date of the introduction of this
Act, in taxable years ending after such date.
SEC. 3. DENIAL OF DEDUCTION FOR COSTS OF CERTAIN ACTIONS RELATING TO
SILO AND LILO TRANSACTIONS.
(a) In General.--Part IX of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
269B the following new section:
``SEC. 269C. COSTS OF CERTAIN ACTIONS RELATING TO SILO AND LILO
TRANSACTIONS.
``(a) General Rule.--If any party to a SILO transaction or a LILO
transaction (other than a SILO/LILO lessee) brings a remedial action
seeking to recover any ineligible amount with respect to such
transaction, in computing taxable income no deduction shall be allowed
for any attorney fees or other costs attributable to such action.
``(b) Definitions.--For purposes of this section, the terms `SILO
transaction', `LILO transaction', `SILO/LILO lessee', and `ineligible
amount' have the meanings given such terms by section 4965A(c).''.
(b) Clerical Amendment.--The table of sections for part IX of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 269B the
following new item:
``Sec. 269C. Costs of certain actions relating to SILO and LILO
transactions.''.
(c) Effective Date.--The amendments made by this section shall
apply to costs incurred after the date of the introduction of this Act.
|
Close the SILO/LILO Loophole Act of 2009 - Amends the Internal Revenue Code to: (1) impose a 100% excise tax on any income or benefits received from a SILO (sale-in/lease-out) or LILO (lease-in/lease-out) transaction involving a financial institution and a public entity; and (2) deny a tax deduction for attorney fees or other costs incurred by a party to a SILO or LILO transaction seeking to enforce the terms of such transaction.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to impose an excise tax on certain proceeds received on SILO and LILO transactions."}
| 1,433 | 122 | 0.607738 | 1.660481 | 0.571426 | 2.979592 | 11.857143 | 0.877551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children and Firefighters Protection
Act of 2014''.
SEC. 2. PROHIBITION ON SALE OF CERTAIN PRODUCTS CONTAINING SPECIFIED
FLAME RETARDANTS.
(a) Definitions.--In this section, the terms ``children's
product'', ``consumer product'', ``distribute in commerce'',
``distributor'', ``import'', ``manufacturer'', ``retailer'', and
``United States'' have the meanings given such terms in section 3(a) of
the Consumer Product Safety Act (15 U.S.C. 2052(a)).
(b) Prohibition.--It shall be unlawful for any manufacturer,
distributor, or retailer to sell, offer for sale, manufacture for sale,
distribute in commerce, or import into the United States any children's
product or upholstered furniture that contains a flame retardant
specified in subsection (c) that exceeds 1,000 parts per million total
chemical content by weight for any part of the product or furniture.
(c) Specified Flame Retardants.--The flame retardants specified in
this subsection are the following:
(1) Tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (chemical
abstracts service number 13674-87-8).
(2) Tris(2-chloroethyl)phosphate (TCEP) (chemical abstracts
service number 115-1496-8).
(3) Tetrabromobisphenol A (TBBPA) (chemical abstracts
service number 79-94-7).
(4) Decabromodiphenyl ether (chemical abstracts service
number 1163-19-5).
(5) Antimony trioxide (chemical abstracts service number
1309-64-4).
(6) Hexabromocyclododecane (HBCD) (chemical abstracts
service number 25637-99-4).
(7) Bis(2-Ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH)
(chemical abstract service number 26040-51-7).
(8) 2-EthylhexYl-2,3,4,5-tetrabromobenzoate (TBB) (chemical
abstract service number 183658-27-7).
(9) Chlorinated paraffins (chemical abstract services
number 85535-84-8).
(10) Tris (1-chloro-2-propyl) phosphate (TCPP) (chemical
abstract service number 13674-84-5).
(11) Such other chemical flame retardants as the Commission
may specify by rule under subsection (d)(5).
(d) Chronic Hazard Advisory Panel.--
(1) Appointment.--Not later than 180 days after the date of
the enactment of this Act, the Commission shall appoint a
chronic hazard advisory panel pursuant to the procedures of
section 28 of the Consumer Product Safety Act (15 U.S.C. 2077)
to study the effects on human health of all chemical flame
retardants as used in children's products or upholstered
furniture.
(2) Examination.--
(A) In general.--The panel shall, not later than
540 days after the date on which the panel is appointed
under paragraph (1), complete an examination of the
potential hazards and exposures for the full range of
chemical flame retardants that may be used in
children's products or upholstered furniture to meet
applicable fire safety standards and shall--
(i) examine potential health effects of the
chemical flame retardants, including--
(I) developmental toxicity;
(II) carcinogenicity, genetic
damage, or reproductive toxicity;
(III) endocrine disruption;
(IV) toxicity related to the
nervous system, immune system, or
organs or cause other systemic
toxicity; and
(V) whether they are--
(aa) persistent,
bioaccumulative, and toxic; or
(bb) very persistent and
very bioaccumulative;
(ii) consider the potential health effects
of such chemical flame retardants, both in
isolation and in combination with other flame
retardants;
(iii) examine biomonitoring studies that
document existing levels and likely future
levels of chemical flame retardants in
children, pregnant women, firefighters
(including combustion by-products of chemical
flame retardants), and others;
(iv) examine data and analysis regarding
the chemical flame retardants in household
dust, indoor air, or elsewhere in the home
environment;
(v) consider the cumulative effects of
total exposure to flame retardants, both from
children's products, upholstered furniture, and
from other sources, such as food, commercial
furniture, building insulation, and
electronics;
(vi) review all relevant data, including
the most recent, best-available, peer-reviewed,
scientific studies of these chemical flame
retardants that employ objective data
collection practices or employ other objective
methods;
(vii) consider the amounts of chemical
flame retardants used in consumer products and
the total volumes manufactured for use; and
(viii) consider possible similar health
effects of chemical flame retardants used in
children's products or upholstered furniture.
(3) Do novo.--The panel's examinations pursuant to this
subsection shall be conducted de novo. The findings and
conclusions of any previous chronic hazard advisory panel on
chemical flame retardants and other studies conducted by the
Commission shall be reviewed by the panel but shall not be
considered determinative.
(4) Report.--Not later than 180 days after completing its
examination, the panel appointed under paragraph (1) shall
submit to the Commission a report on the results of the
examination conducted under this section and shall make
recommendations to the Commission regarding any chemical flame
retardants (or combinations of chemical flame retardants) in
addition to those identified in paragraphs (1) through (10) of
subsection (c) that the panel determines should be prohibited
under subsection (b).
(5) Specification of additional chemical flame
retardants.--Not later than 180 days after receiving the report
of the panel under paragraph (4), the Commission shall--
(A) evaluate the findings of the chronic hazard
advisory panel regarding the examination carried out
under paragraph (2);
(B) evaluate the recommendations submitted by the
chronic hazard advisory panel under paragraph (4); and
(C) promulgate a final rule, based on the
evaluations carried out under subparagraphs (A) and (B)
of this paragraph, that specifies such chemical flame
retardants that are not listed in paragraphs (1)
through (10) of subsection (c) as the Commission
determines that the presence of such chemical flame
retardant in any part of a children's product or
upholstered furniture may cause substantial personal
injury or substantial illness, including--
(i) developmental or learning disabilities;
(ii) cancer;
(iii) endocrine disruption;
(iv) reproductive harm; or
(v) damage to the nervous system, immune
system, or organs or cause other systemic
toxicity.
(e) Treatment of Violation.--A violation of subsection (b) shall be
treated as a violation of section 19(a)(1) of the Consumer Product
Safety Act (15 U.S.C. 2068(a)(1)).
(f) Product Certification and Labeling.--A product subject to
subsection (b) of this section shall not be subject to section 14(a)(2)
of the Consumer Product Safety Act (15 U.S.C. 2063(a)(2)) with respect
to testing for compliance with the requirements of this section.
(g) Rulemaking.--
(1) In general.--The Consumer Product Safety Commission
shall promulgate rules to carry out this section in accordance
with section 553 of title 5, United States Code.
(2) Exemption from certain requirements.--The requirements
of sections 7 and 9 of the Consumer Product Safety Act (15
U.S.C. 2056 and 2058) shall not apply to a rulemaking under
this section.
(h) Relation to State Law.--This section shall not annul, alter, or
affect a provision of law of a State relating to the presence of a
chemical flame retardant in a children's product or upholstered
furniture except to the extent that such provision of law is
inconsistent with a provision of this section, and then only to the
extent of the inconsistency. For purposes of this section, a provision
of law of a State is not inconsistent with the provisions of this
section if the protection such provision of law affords any person is
greater than the protection provided under this section.
(i) Effective Date.--
(1) In general.--This Act shall take effect on the date of
the enactment of this Act, except subsection (b) shall take
effect on the date that is 1 year after the date of the
enactment of this Act.
(2) Applicability.--Subsection (b) shall apply with respect
to children's products and upholstered furniture manufactured
after the date that is 1 year after the date of the enactment
of this Act.
|
Children and Firefighters Protection Act of 2014 - Prohibits manufacturers, distributors, or retailers from selling, manufacturing for sale, distributing in commerce, or importing into the United States any children's product or upholstered furniture that contains a flame retardant exceeding a specified amount of the total chemical content by weight for any part of the product or furniture. Specifies flame retardants that are subject to such prohibitions. Requires the Consumer Product Safety Commission (CPSC) to appoint a chronic hazard advisory panel to study the effects on human health of all chemical flame retardants as used in such products or upholstered furniture. Directs the CPSC, after receiving a report from the advisory panel evaluating the full range of such retardants, to promulgate a final rule specifying retardants that are not already listed in this Act that may cause substantial personal injury or illness. Makes such CPSC-specified retardants subject to the prohibitions of this Act.
|
{"src": "billsum_train", "title": "Children and Firefighters Protection Act of 2014"}
| 1,993 | 217 | 0.533741 | 1.660246 | 0.803568 | 4.177515 | 10.319527 | 0.87574 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harassment-Free Workplace Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to provide Federal protection to small business
employees from sexual harassment in their workplaces;
(2) to extend the sexual harassment provisions of current
civil rights laws to private sector employers who are not
currently covered by Federal law relating to sexual harassment;
and
(3) to authorize the Equal Employment Opportunity
Commission to enforce sexual harassment laws with respect to
small businesses in the same manner as the Commission currently
enforces employment discrimination laws with respect to other
businesses.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Commerce.--The term ``commerce'' means trade, traffic,
commerce, transportation, transmission, or communication--
(A) among the several States;
(B) between a State and any place outside thereof;
(C) within the District of Columbia, or a
possession of the United States; or
(D) between points in the same State but through a
point outside thereof.
(2) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission established under section 705
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4).
(3) Complaining party.--The term ``complaining party''
means the Commission, the Attorney General, or a person who may
bring an action or proceeding under this Act.
(4) Employee.--The term ``employee'' means an individual
employed by an employer, except that the term ``employee''
shall not include any person elected to public office in any
State or political subdivision of any State by the qualified
voters thereof, or any person chosen by such officer to be on
such officer's personal staff, or an appointee on the policy
making level or an immediate adviser with respect to the
exercise of the constitutional or legal powers of the office.
The exemption set forth in the preceding sentence shall not
include employees subject to the civil service laws of a State
government, governmental agency, or political subdivision. With
respect to employment in a foreign country, such term includes
an individual who is a citizen of the United States.
(5) Employer.--The term ``employer'' means a person engaged
in an industry affecting commerce who has fewer than fifteen
employees for each working day in each of 33 or more calendar
weeks in the current and in the preceding calendar year.
(6) Employment agency.--The term ``employment agency''
means any person regularly undertaking with or without
compensation to procure employees for an employer or to procure
for employees opportunities to work for an employer, and
includes an agent of such a person.
(7) Industry affecting commerce.--The term ``industry
affecting commerce'' means any activity, business, or industry
in commerce or in which a labor dispute would hinder or
obstruct commerce or the free flow of commerce and includes any
activity or industry ``affecting commerce'' within the meaning
of the Labor-Management Reporting and Disclosure Act of 1959,
and further includes any governmental industry, business, or
activity.
(8) Labor organization.--The term ``labor organization''
means a labor organization engaged in an industry affecting
commerce, and any agent of such an organization, and includes
any organization of any kind, any agency, or employee
representation committee, group, association, or plan so
engaged in which employees participate and which exists for the
purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay
hours, or other items or conditions of employment, and any
conference, general committee, joint or system board, or joint
council so engaged which is subordinate to a national or
international labor organization.
(9) Labor organization deemed to be engaged in an industry
affecting commerce.--A labor organization shall be deemed to be
engaged in an industry affecting commerce if--
(A)(i) it maintains or operates a hiring hall or
hiring office which procures employees for an employer
or procures for employees opportunities to work for an
employer; or
(ii) the number of its members (or, where it is a
labor organization composed of other labor
organizations or their representatives, if the
aggregate number of the members of such other labor
organizations) is fewer than 15; and
(B) such labor organization--
(i) is the certified representative of
employees under the provisions of the National
Labor Relations Act or the Railway Labor Act;
(ii) although not certified, is a national
or international labor organization or a local
labor organization recognized or acting as the
representative of employees of an employer or
employers engaged in an industry affecting
commerce;
(iii) has chartered a local labor
organization or subsidiary body which is
representing or actively seeking to represent
employees of employers within the meaning of
clause (i) or (ii);
(iv) has been chartered by a labor
organization representing or actively seeking
to represent employees within the meaning of
clause (i) or (ii) as the local or subordinate
body through which such employees may enjoy
membership or become affiliated with such labor
organization; or
(v) is a conference, general committee,
joint or system board, or joint council
subordinate to a national or international
labor organization, which includes a labor
organization engaged in an industry affecting
commerce within the meaning of any of clauses
(i), (ii), (iii), or (iv).
(10) Person.--The term ``person'' includes one or more
individuals, governments, governmental agencies, political
subdivisions, labor unions, partnerships, associations,
corporations, legal representatives, mutual companies, joint-
stock companies, trusts, unincorporated organizations,
trustees, trustees in cases under title 11, United States Code,
or receivers.
(11) Respondent.--The term ``respondent'' means--
(A) an employer, employment agency, labor
organization; or
(B) a joint labor-management committee controlling
apprenticeship or other training or retraining program,
including an on-the-job training program, that serves
an employer or an employee.
(12) State.--The term ``State'' includes a State of the
United States, the District of Columbia, Puerto Rico, the
Virgin Islands, American Samoa, Guam, Wake Island, the Canal
Zone, and Outer Continental Shelf lands defined in the Outer
Continental Shelf Lands Act.
SEC. 4. SEXUAL HARASSMENT.
(a) In General.--It shall be an unlawful employment practice for a
respondent to engage in a practice that constitutes sexual harassment,
within the meaning of title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) (including any regulation or administrative
guideline issued under such title, or any applicable case law issued by
a Federal court with respect to such title, regarding such harassment)
against an employee or an applicant for employment with an employer.
(b) Anti-retaliation.--It shall be an unlawful employment practice
for a respondent to discriminate against any such employee or applicant
because the employee or applicant has opposed any practice made an
unlawful employment practice by this Act, or because the employee or
applicant has made a charge, testified, assisted, or participated in
any manner in an investigation, proceeding, or hearing under this Act.
SEC. 5. ENFORCEMENT, REMEDIES, AND RELATED PROVISIONS.
(a) Enforcement and Remedies.--
(1) In general.--This Act provides the powers, remedies,
and procedures set forth in sections 705, 706, 707, 709, 710,
713, and 714 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
4, 2000e-5, 2000e-6, 2000e-8, 2000e-9, 2000e-12, and 2000e-13)
to the Commission, to the Attorney General, or to any person
alleging a violation of any provision of this Act, as
appropriate.
(2) Damages.--
(A) In general.--Except as provided in subparagraph
(B), in an action brought by a complaining party under
paragraph (1) in accordance with section 706 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-5) against a
respondent who engaged in a practice that violates a
provision of this Act, the complaining party may be
awarded compensatory and punitive damages as allowed in
section 1977A(b) of the Revised Statutes (42 U.S.C.
1981a(b)), in addition to any relief authorized by
section 706(g) of the Civil Rights Act of 1964, from
the respondent.
(B) Limitations.--If--
(i) a complaining party is awarded, under
this paragraph, compensatory damages for future
pecuniary losses, emotional pain, suffering,
inconvenience, mental anguish, loss of
enjoyment of life, or other nonpecuniary
losses, or punitive damages; and
(ii) on the day on which the complaining
party is awarded damages described in clause
(i) there is in effect under section 1977A of
the Revised Statutes a limit on the sum of the
amount of such damages that may be awarded
under such section in an action in which the
respondent has more than 14 and fewer than 101
employees in each of 20 or more calendar weeks
in the current or preceding calendar year,
the sum of the amount of such damages that the
complaining party may be awarded under this paragraph
may not exceed the sum described in clause (ii).
(C) Jury trial.--If a complaining party seeks
compensatory or punitive damages under this paragraph--
(i) any party may demand a trial by jury;
and
(ii) the court shall not inform the jury of
the limitations described in subparagraph (B).
(b) Extraterritorial Application.--Section 702 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-1) shall apply with respect to the
application of this Act to an employer, employing agency, labor
organization, or committee, in the same manner and to the same extent
as such section applies with respect to the application of title VII of
such Act (42 U.S.C. 2000e et seq.) to an employer, employing agency,
labor organization, or committee, respectively, as such terms are used
in such Act.
(c) Effect on State Laws.--Section 708 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-7) shall apply with respect to the construction
of this Act in the same manner and to the same extent as such section
applies with respect to the construction of title VII of such Act.
SEC. 6. POSTING NOTICES.
(a) Notice.--Every respondent shall post and keep posted, in the
manner prescribed by section 711 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-10), a notice describing the applicable provisions of this
Act, to be prepared or approved by the Commission and to appear in an
accessible format, for employees and applicants for employment with
employers.
(b) Penalty.--A willful violation of this section shall be
punishable by a fine of not more than $100 for each separate offense.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 6 months after the date of enactment of
this Act.
|
Harassment-Free Workplace Act - Makes it an unlawful employment practice for a respondent (employer, employment agency, labor organization, or joint labor-management committee of an apprenticeship, training, or retraining program) to engage in a practice that constitutes sexual harassment as defined under the Civil Rights Act of 1964 against an employee or job applicant. Prohibits any action against an employee or applicant in response to a charge or allegation of sexual harassment or participation in an investigation. Provides for enforcement by the Equal Employment Opportunity Commission, the Attorney General, or an aggrieved party. Allows compensatory and punitive damages, with limitations.
Requires all respondents to post a notice, prepared or approved by the Commission, describing the applicable provisions of this Act.
|
{"src": "billsum_train", "title": "Harassment-Free Workplace Act"}
| 2,517 | 176 | 0.472587 | 1.313655 | 0.72182 | 3.391608 | 16.062937 | 0.93007 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Amy Boyer's Law''.
SEC. 2. PROTECTING PRIVACY BY PROHIBITING DISPLAY OF THE SOCIAL
SECURITY NUMBER TO THE GENERAL PUBLIC FOR COMMERCIAL
PURPOSES WITHOUT CONSENT.
(a) In General.--Part A of title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by adding at the end the following:
``prohibition of certain misuses of the social security number
``Sec. 1150A. (a) Limitation on Display.--Except as otherwise
provided in this section, no person may display to the public any
individual's social security number, or any identifiable derivative of
such number, without the affirmatively expressed consent,
electronically or in writing, of such individual.
``(b) Prohibition of Wrongful Use as Personal Identification
Number.--No person may obtain any individual's social security number,
or any identifiable derivative of such number, for purposes of locating
or identifying an individual with the intent to physically injure,
harm, or use the identity of the individual for illegal purposes.
``(c) Prerequisites for Consent.--In order for consent to exist
under subsection (a), the person displaying, or seeking to display, an
individual's social security number, or any identifiable derivative of
such number, shall--
``(1) inform the individual of the general purposes for
which the number will be utilized and the types of persons to
whom the number may be available; and
``(2) obtain affirmatively expressed consent electronically
or in writing.
``(d) Exceptions.--Nothing in this section shall be construed to--
``(1) prohibit any use of social security numbers permitted
or required under section 205(c)(2), section 7(a)(2) of the
Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), or
section 6109(d) of the Internal Revenue Code of 1986;
``(2) modify, limit, or supersede the operation of, or the
conduct of any activity permitted under, the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.) or title V of the Gramm-
Leach-Bliley Act (15 U.S.C. 6801 et seq.);
``(3) except as set forth in subsection (b), prohibit or
limit the use of a social security number to retrieve
information about an individual without displaying such number
to the public;
``(4) prohibit or limit the use of the social security
number for purposes of law enforcement, including investigation
of fraud; or
``(5) prohibit or limit the use of a social security number
obtained from a public record or document lawfully acquired
from a governmental agency.
``(e) Civil Action in United States District Court; Damages;
Attorneys Fees and Costs; Regulatory Coordination.--
``(1) In general.--Any individual aggrieved by any act of
any person in violation of this section may bring a civil
action in a United States district court to recover--
``(A) such preliminary and equitable relief as the
court determines to be appropriate; and
``(B) the greater of--
``(i) actual damages;
``(ii) liquidated damages of $2,500; or
``(iii) in the case of a violation that was
willful and resulted in profit or monetary
gain, liquidated damages of $10,000.
``(2) Attorney's fees and costs.--In the case of a civil
action brought under paragraph (1)(B)(iii) in which the
aggrieved individual has substantially prevailed, the court may
assess against the respondent a reasonable attorney's fee and
other litigation costs and expenses (including expert fees)
reasonably incurred.
``(3) Statute of limitations.--No action may be commenced
under this subsection more than 3 years after the date on which
the violation was or should reasonably have been discovered by
the aggrieved individual.
``(4) Nonexclusive remedy.--The remedy provided under this
subsection shall be in addition to any other lawful remedy
available to the individual.
``(f) Civil Money Penalties.--
``(1) In general.--Any person who the Commissioner of
Social Security determines has violated this section shall be
subject, in addition to any other penalties that may be
prescribed by law, to--
``(A) a civil money penalty of not more than $5,000
for each such violation, and
``(B) a civil money penalty of not more than
$50,000, if violations have occurred with such
frequency as to constitute a general business practice.
``(2) Determination of violations.-- Any willful violation
committed contemporaneously with respect to the social security
numbers of 2 or more individuals by means of mail,
telecommunication, or otherwise shall be treated as a separate
violation with respect to each such individual.
``(3) Enforcement procedures.--The provisions of section
1128A (other than subsections (a), (b), (f), (h), (i), (j), and
(m), and the first sentence of subsection (c)) and the
provisions of subsections (d) and (e) of section 205 shall
apply to civil money penalties under this subsection in the
same manner as such provisions apply to a penalty or proceeding
under section 1128A(a), except that, for purposes of this
paragraph, any reference in section 1128A to the Secretary
shall be deemed a reference to the Commissioner of Social
Security.
``(4) Coordination with criminal enforcement.--The
Commissioner of Social Security shall take such actions as are
necessary and appropriate to assure proper coordination of the
enforcement of the provisions of this section with criminal
enforcement under section 1028 of title 18, United States Code
(relating to fraud and related activity in connection with
identification documents). The Commissioner shall enter into
cooperative arrangements with the Federal Trade Commission
under section 5 of the Identity Theft and Assumption Deterrence
Act of 1998 (18 U.S.C. 1028 note) for purposes of achieving
such coordination.
``(g) Limitation on Regulation by States.--No requirement or
prohibition may be imposed under the laws of any State with respect to
any subject matter regulated under subsections (a) through (d).
``(h) Definitions.--In this section, the term `display to the
general public' means the intentional placing of an individual's social
security number, or identifying portion thereof, in a viewable manner
on a web site that is available to the general public or in material
made available or sold to the general public.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to violations occurring on and after the date which is 2
years after the date of enactment of this Act.
<greek-d>
|
Provides that nothing in this law shall be construed to prohibit the use of social security numbers: (1) required or permitted under certain Federal laws; (2) for retrieving information about an individual without displaying the number publicly;(3) for law enforcement; or (4) obtained from a public record lawfully acquired from a governmental agency.
Authorizes persons aggrieved by violations of this law to bring civil actions in district courts to recover damages. Prohibits actions from being commenced more than three years after the date the violation was or should have been reasonably discovered. Subjects violators to civil money penalties as determined by the Commissioner of Social Security in addition to any other penalties that may be prescribed.
|
{"src": "billsum_train", "title": "Amy Boyer's Law"}
| 1,567 | 150 | 0.433976 | 1.251866 | 0.662464 | 2.854962 | 10.633588 | 0.900763 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cytology Proficiency Improvement Act
of 2007''.
SEC. 2. REVISED STANDARDS FOR QUALITY ASSURANCE IN SCREENING AND
EVALUATION OF GYNECOLOGIC CYTOLOGY PREPARATIONS.
(a) In General.--Section 353(f)(4)(B)(iv) of the Public Health
Service Act (42 U.S.C. 263a(f)(4)(B)(iv)) is amended to read as
follows:
``(iv) requirements that each clinical
laboratory--
``(I) ensure that all individuals
involved in screening and interpreting
cytological preparations at the
laboratory participate annually in a
continuing medical education program in
gynecologic cytology that--
``(aa) is approved by the
Accrediting Council for
Continuing Medical Education or
the American Academy of
Continuing Medical Education;
and
``(bb) provides each
individual participating in the
program with gynecologic
cytological preparations (in
the form of referenced glass
slides or equivalent
technologies) designed to
improve the locator,
recognition, and interpretive
skills of the individual;
``(II) maintain a record of the
cytology continuing medical education
program results for each individual
involved in screening and interpreting
cytological preparations at the
laboratory;
``(III) provide that the laboratory
director shall take into account such
results and other performance metrics
in reviewing the performance of
individuals involved in screening and
interpreting cytological preparations
at the laboratory and, when necessary,
identify needs for remedial training or
a corrective action plan to improve
skills; and
``(IV) submit the continuing
education program results for each
individual and, if appropriate, plans
for corrective action or remedial
training in a timely manner to the
laboratory's accrediting organization
for purposes of review and on-going
monitoring by the accrediting
organization, including reviews of the
continuing medical education program
results during on-site inspections of
the laboratory.''.
(b) Effective Date and Implementation; Termination of Current
Program of Individual Proficiency Testing.--
(1) Effective date and implementation.--Except as provided
in paragraph (2), the amendment made by subsection (a) applies
to gynecologic cytology services provided on or after the first
day of the calendar year beginning 1 year after the date of the
enactment of this Act, and the Secretary of Health and Human
Services (hereafter in this subsection referred to as the
``Secretary'') shall issue final regulations implementing such
amendment not later than 270 days after such date of enactment.
(2) Termination of current individual testing program.--The
Secretary shall terminate the individual proficiency testing
program established pursuant to section 353(f)(4)(B)(iv) of the
Public Health Service Act (42 U.S.C. 263a(f)(4)(B)(iv)), as in
effect on the day before the date of enactment of subsection
(a), at the end of the calendar year which includes the date of
enactment of the amendment made by subsection (a).
|
Cytology Proficiency Improvement Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to revise national quality assurance standards to assure consistent performance by laboratories of valid and reliable cytology services, to include requirements that each clinical laboratory: (1) ensure that all individuals involved in screening and interpreting cytological preparations participate annually in an approved continuing medical education program in gynecologic cytology that provides each participant with gynecologic cytological preparations designed to improve locator, recognition, and interpretive skills; (2) maintain a record of program results; (3) require the laboratory director to consider such results and other performance metrics in reviewing the performance of individuals involved in screening and interpreting cytological preparations; and (4) submit the continuing education program results for each individual and plans for corrective action or remedial training in a timely manner to the laboratory's accrediting organization for purposes of review and ongoing monitoring.
Requires the Secretary to terminate individual proficiency testing that was in effect before enactment of this Act.
|
{"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide revised standards for quality assurance in screening and evaluation of gynecologic cytology preparations, and for other purposes."}
| 723 | 237 | 0.7775 | 2.655404 | 0.955798 | 2.994764 | 3.099476 | 0.900524 |
SECTION 1. ESTABLISHMENT OF COMMISSION ON CRIME AND VIOLENCE.
(a) Establishment.--There is established a commission to be known
as the ``National Commission on Crime and Violence in America''
(referred to as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 22
members, of whom--
(A) 6 shall be appointed by the President;
(B) 8 shall be appointed by the Speaker of the
House of Representatives, of whom 2 shall be appointed
on the recommendation of the minority leader; and
(C) 8 shall be appointed by the President pro
tempore of the Senate, of whom 6 shall be appointed on
the recommendation of the majority leader and 2 shall
be appointed on the recommendation of the minority
leader.
(2) Goals in making appointments.--In appointing members of
the Commission, the President, Speaker, President pro tempore,
and the majority and minority leaders shall seek to ensure
that--
(A) the membership of the Commission reflects the
racial, ethnic, and gender diversity of the United
States; and
(B) members are specially qualified to serve on the
Commission by reason of their education, training,
expertise, or experience in--
(i) sociology;
(ii) psychology;
(iii) law;
(iv) law enforcement;
(v) social work; and
(vi) ethnography and urban poverty,
including health care, housing, education, and
employment.
(3) Deadline.--Members of the Commission shall be appointed
within 60 days after the date of enactment of this Act.
(4) Term.--Members shall serve on the Commission through
the date of its termination under section 7.
(5) Meetings.--The Commission--
(A) shall have its headquarters in the District of
Columbia; and
(B) shall meet at least once each month for a
business session.
(6) Quorum.--Twelve members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(7) Chairperson and vice chairperson.--Not later than 15
days after the members of the Commission are appointed, the
members shall designate a Chairperson and Vice Chairperson of
the Commission.
(8) Vacancies.--A vacancy in the Commission shall be filled
not later than 30 days after the Commission is informed of the
vacancy in the manner in which the original appointment was
made.
(9) Compensation.--
(A) No pay, allowance, or benefit.--Members of the
Commission shall receive no pay, allowances, or
benefits by reason of their service on the Commission.
(B) Travel expenses.--A member of the Commission
shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702
and 5703 of title 5, United States Code.
SEC. 2. DUTIES.
The Commission shall--
(1) review the effectiveness of traditional criminal
justice approaches in preventing and controlling crime and
violence;
(2) examine the impact that changes to Federal and State
law have had in controlling crime and violence;
(3) examine the impact of changes in Federal immigration
laws and policies and increased development and growth along
United States international borders on crime and violence in
the United States, particularly among our Nation's youth;
(4) examine the problem of youth gangs and provide
recommendations on how to reduce youth involvement in violent
crime;
(5) examine the extent to which assault weapons and high
power firearms have contributed to violence and murder in the
United States;
(6) convene hearings in various parts of the country to
receive testimony from a cross section of criminal justice
professionals, business leaders, elected officials, medical
doctors, and other citizens that wish to participate;
(7) review all segments of the criminal justice system,
including the law enforcement, prosecution, defense, judicial,
corrections components, in developing the crime control and
antiviolence plan;
(8) develop a comprehensive and effective crime control and
antiviolence plan that will serve as a blueprint for action in
the 1990's;
(9) bring attention to successful models and programs in
crime prevention, crime control, and antiviolence;
(10) reach out beyond the traditional criminal justice
community for ideas when developing the comprehensive crime
control and antiviolence plan;
(11) recommend improvements in the coordination of Federal,
State, local, and international border crime control efforts;
(12) make a comprehensive study of the economic and social
factors leading to or contributing to crime and violence and
specific proposals for legislative and administrative actions
to reduce crime and violence and the elements that contribute
to crime and violence; and
(13) recommend means of allocating finite correctional
facility space and resources to the most serious and violent
offenders, with the goal of achieving the most cost-effective
crime control and protection of the community and public
safety, after--
(A) examining the issue of disproportionate
incarceration rates among black males and any other
minority group disproportionately represented in
Federal and State correctional populations; and
(B) considering increased use of alternatives to
incarceration that offer a reasonable prospect of equal
or better crime control at equal or less cost than
incarceration.
SEC. 4. STAFF AND SUPPORT SERVICES.
(a) Director.--
(1) Appointment.--After consultation with the members of
the Commission, the Chairperson shall appoint a director of the
Commission (referred to as the ``Director'').
(2) Compensation.--The Director shall be paid the rate of
basic pay for level V of the Executive Schedule.
(b) Staff.--With the approval of the Commission, the Director may
appoint such personnel as the Director considers to be appropriate.
(c) Civil Service Laws.--The staff of the Commission shall be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service and shall be
paid without regard to the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and General
Schedule pay rates.
(d) Experts and Consultants.--With the approval of the Commission,
the Director may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(e) Staff of Federal Agencies.--Upon the request of the Commission,
the head of any Federal agency may detail, on a reimbursable basis,
personnel of that agency to the Commission to assist in carrying out
its duties.
(f) Physical Facilities.--The Administrator of the General Services
Administration shall provide suitable office space for the operation of
the Commission. The facilities shall serve as the headquarters of the
Commission and shall include all necessary equipment and incidentals
required for proper functioning.
SEC. 5. POWERS.
(a) Hearings.--The Commission may conduct public hearings or forums
at its discretion, at any time and place it is able to secure
facilities and witnesses, for the purpose of carrying out its duties.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action that the
Commission is authorized to take by this section.
(c) Information.--The Commission may secure from any Federal agency
or entity in the executive or legislative branch such materials,
resources, statistical data, and other information as is necessary to
enable it to carry out this Act. Upon request of the Chairperson or
Vice Chairperson of the Commission, the head of a Federal agency or
entity shall furnish the information to the Commission to the extent
permitted by law.
(d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
SEC. 6. REPORTS.
(a) Monthly Reports.--The Commission shall submit monthly activity
reports to the President and the Congress.
(b) Interim Report.--Not later than 1 year before the date of its
termination, the Commission shall submit an interim report to the
President and the Congress containing--
(1) a detailed statement of the findings and conclusions of
the Commission;
(2) recommendations for legislative and administrative
action based on the Commission's activities to date;
(3) an estimation of the costs of implementing the
recommendations made by the Commission; and
(3) a strategy for disseminating the report to Federal,
State, and local authorities.
(c) Final Report.--Not later than the date of its termination, the
Commission shall submit to the Congress and the President a final
report with a detailed statement of final findings, conclusions,
recommendations, and estimation of costs and an assessment of the
extent to which recommendations included in the interim report under
subsection (b) have been implemented.
(d) Printing and Public Distribution.--Upon receipt of each report
of the Commission under this section, the President shall--
(1) order the report to be printed; and
(2) make the report available to the public.
SEC. 7. TERMINATION.
The Commission shall terminate on the date that is 2 years after
the date on which members of the Commission have met and designated a
Chairperson and Vice Chairperson.
|
Establishes a National Commission on Crime and Violence in America. Includes among the duties of the Commission to: (1) review the effectiveness of traditional criminal justice approaches in preventing and controlling crime and violence; (2) convene hearings in various parts of the country; (3) develop a comprehensive and effective crime control and antiviolence plan that will serve as a blueprint for action in the 1990's and which reaches out beyond the traditional criminal justice community for ideas; and (4) study the economic and social factors leading to or contributing to, and specific proposals for legislative and administrative actions to reduce, crime and violence.
|
{"src": "billsum_train", "title": "A bill to establish a Commission on Crime and Violence."}
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SECTION 1. FINDINGS.
Congress finds that--
(1) more than 4,000,000 men and women from the United
States served in uniform in the defense of liberty during World
War I, among them two future presidents, Harry S. Truman and
Dwight D. Eisenhower;
(2) 2,000,000 individuals from the United States served
overseas during World War I, including 200,000 naval personnel
who served on the seas;
(3) the United States suffered 375,000 casualties during
World War I;
(4) the events of 1914 through 1918 shaped the world, our
country, and the lives of millions of people in countless ways;
(5) the centennial of World War I offers an opportunity for
people in the United States to learn about the sacrifices of
their predecessors;
(6) commemorative efforts allow people in the United States
to gain a historical understanding of the type of conflicts
that cause countries to go to war and how those conflicts are
resolved;
(7) Kansas City is home to America's National World War I
Museum, as so recognized in the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375);
(8) America's National World War I Museum seeks--
(A) to preserve the history of World War I; and
(B) to educate and enlighten people about this
significant event, the consequences of which are still
with us;
(9) Kansas City is home to the national headquarters for
the Veterans of Foreign Wars;
(10) Missouri is the home State of General John Joseph
Pershing, who commanded the American Expeditionary Forces in
Europe during World War I;
(11) the Kansas City area is the home of the Harry S.
Truman Presidential Library and Museum; and
(12) the Dwight David Eisenhower Presidential Library and
Museum is located close to Kansas City in the neighboring State
of Kansas.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a commission, in Kansas
City, Missouri, on the centennial of World War I to ensure a suitable
observance of the centennial of World War I that promotes the values of
honor, courage, patriotism, and sacrifice, in keeping with the
representation of these values through the four Guardian Spirits
sculpted on the Liberty Memorial Monument at America's National World
War I Museum.
SEC. 3. COMMISSION ON THE COMMEMORATION OF THE CENTENNIAL OF WORLD WAR
I.
(a) In General.--There is established a commission to be known as
the World War I Centennial Commission (in this Act referred to as the
``Commission'').
(b) Duties.--The Commission shall have the following duties:
(1) To plan, develop, and execute programs, projects, and
activities to commemorate the centennial of World War I.
(2) To encourage private organizations and State and local
governments to organize and participate in activities
commemorating the centennial of World War I.
(3) To facilitate and coordinate activities throughout the
United States related to the centennial of World War I.
(4) To serve as a clearinghouse for the collection and
dissemination of information about events and plans for the
centennial of World War I.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 24 members as follows:
(A) Four members appointed by the Speaker of the
House of Representatives.
(B) Three members appointed by the minority leader
of the House of Representatives.
(C) Four members appointed by the Senate majority
leader.
(D) Three members appointed by the Senate minority
leader.
(E) Seven members who are broadly representative of
the people of the United States (including members of
the armed services and veterans), appointed by the
President.
(F) The executive director of the Veterans of
Foreign Wars of the United States (or the director's
delegate).
(G) The executive director of the American Legion
(or the director's delegate).
(H) The president of the Liberty Memorial
Association, the nonprofit entity responsible for the
management of America's National World War I Museum (or
the president's delegate).
(2) Continuation of membership.--If a member of the
Commission under paragraph (1)(F) through (H) ceases to hold a
position named in such paragraph, that member must resign from
the Commission as of the date that the member ceases to hold
that position.
(3) Terms.--Each member shall be appointed for the life of
the Commission.
(4) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) Pay.--Members shall serve without pay.
(6) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with the applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(7) Quorum.--Thirteen members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(8) Chairperson; vice chairperson.--The Commission shall
elect the Chairperson and Vice Chairperson of the Commission.
(9) Meetings.--
(A) In general.--The Commission shall meet at the
call of the Chairperson, except that the first meeting
shall be held before the end of the 30-day period
beginning on the effective date of this Act.
(B) Location.--The Commission shall hold the first
meeting at America's National World War I Museum in
Kansas City, Missouri, and thereafter shall hold at
least one meeting per year at such location.
(d) Director and Additional Personnel of the Commission; Experts
and Consultants.--
(1) Director and staff.--
(A) Appointment.--The Chair of the Commission
shall, in consultation with the members of the
Commission, appoint an executive director and such
other additional personnel as may be necessary to
enable the Commission to perform its duties.
(B) Pay.--
(i) Executive director.--The executive
director shall be paid at a rate not to exceed
the rate of basic pay payable for level IV of
the Executive Schedule established under
section 5315 of title 5, United State Code.
(ii) Additional personnel.--The executive
director may fix the pay of any additional
personnel appointed under subparagraph (A) as
the executive director considers appropriate.
(C) Work location.--If the city government for
Kansas City, Missouri, and the nonprofit organization
which administers America's National World War I Museum
make space available, the executive director and any
additional personnel appointed under subparagraph (A)
shall work in the building that houses that museum.
(2) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(3) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this Act.
(e) Powers of the Commission.--
(1) Hearings and sessions.--For the purpose of carrying out
this Act, the Commission may hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Powers of members and agents.--If authorized by the
Commission, any member or agent of the Commission may take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--The Commission shall secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
the request of the Chairperson of the Commission, the head of
that department or agency shall furnish that information to the
Commission.
(4) Gifts, bequests, and devises.--
(A) Acceptance by commission.--The Commission may
accept, use, and dispose of gifts, bequests, or devises
of services or property, both real and personal, for
the purpose of aiding or facilitating the work of the
Commission.
(B) Deposit and availability.--Gifts, bequests, or
devises of money and proceeds from sales of other
property received as gifts, bequests, or devises shall
be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(5) 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.
(6) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this Act.
(7) Contract authority.--The Commission is authorized to
procure supplies, services, and property and to make or enter
in contracts, leases, or other legal agreements; except that
any contract, lease, or other legal agreement made or entered
into by the Commission may not extend beyond the date of
termination of the Commission.
(f) Reports.--
(1) Periodic report.--Beginning not later than the last day
of the 3-month period beginning on the date of enactment of
this Act and the last day of each 3-month period thereafter,
the Commission shall submit to Congress and the President a
report on the activities and plans of the Commission.
(2) Recommendations.--Not later than 2 years after the
effective date of this Act, the Commission shall submit to
Congress and the President a report containing specific
recommendations for commemorating the centennial of World War I
and coordinating related activities.
(g) Termination.--The Commission shall terminate on the earlier of
the date that is 30 days after the activities honoring the centennial
observation of World War I are carried out or July 28, 2019. Section
14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.),
relating to the termination of advisory committees, shall not apply to
the Commission.
(h) Effective Date.--This Act shall be effective on January 1,
2010.
|
Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; and (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans.
|
{"src": "billsum_train", "title": "To establish the World War I centennial commission to ensure a suitable observance of the centennial of World War I."}
| 2,200 | 91 | 0.55344 | 1.346609 | 0.719262 | 5.453488 | 23.906977 | 0.988372 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``January 8\th\ National Memorial
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The tragedy of January 8, 2011, at Congresswoman
Gabrielle Gifford's ``Congress on Your Corner'' event resulted
in the deaths of 6 people (Christina-Taylor Green, Dorothy
Morris, U.S. District Court Judge John Roll, Phyllis Schneck,
Dorwan Stoddard, and Gabe Zimmerman) and injury of 13 others
(Congresswoman Giffords, Bill Badger, Ron Barber, Kenneth
Dorushka, James Eric Fuller, Randy Gardner, Susan Hileman,
George Morris, Mary Reed, Pam Simon, Mavanell Stoddard, Jim
Tucker, and Kenneth Veeder).
(2) This was the first time in the history of the United
States that an assassination attempt was made upon a
Congressional Member while she was meeting with constituents.
(3) Congresswoman Giffords sustained severe injuries that
affect her to this day.
(4) Gabe Zimmerman was the first Congressional staffer to
be assassinated in the line of duty.
(5) The Arizona community and people from all over the
world came together in the days that followed the tragedy to
provide comfort and support to one another at three spontaneous
memorial vigil sites--
(A) the shopping center where the shooting took
place;
(B) the front lawn of University Medical Center,
where many of the victims were treated; and
(C) at Congresswoman Giffords' Tucson district
office.
(6) Tucson's January 8th Memorial will not only be a
tribute to those who died that day, but also to the local,
national, and international response to the tragedy.
(7) The memorial will be constructed, managed, and
maintained to be a place where visitors, young and old, can
learn not only about one horrific event, but about the
resilience of a community and the durability of democracy in
the United States.
SEC. 3. JANUARY 8\TH\ NATIONAL MEMORIAL.
(a) Definitions.--
(1) Memorial.--The term ``Memorial'' means the January
8\th\ National Memorial.
(2) Foundation.--The term ``Foundation'' means the Tucson's
January 8\th\ Memorial Foundation, an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code.
(3) Map.--The term ``map'' means the map entitled ``January
8 Memorial Site Map'', numbered JAN8M 001, and dated January
2016.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) January 8\th\ National Memorial.--
(1) Establishment.--As soon as practicable after the
Secretary determines that the Foundation has complied with
paragraph (2), the Secretary shall establish the Memorial as an
affiliated area of the National Park System.
(2) Trust fund.--The Memorial shall not be established
before the date on which the Secretary certifies in a written
report submitted to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate that the Foundation has
established a trust fund for the purposes of--
(A) receiving donations submitted to the
Foundation; and
(B) providing for the construction, operation,
maintenance, and management of the Memorial.
(3) Description.--The Memorial shall consist of the area
generally depicted as the ``Memorial Boundary'' on the map.
(4) Management entity.--The Foundation shall--
(A) be the management entity for the Memorial; and
(B) be responsible for the construction, operation,
maintenance, and management of the Memorial.
(5) Administration.--The Memorial shall cease to be an
affiliated area of the National Park System if the Foundation--
(A) fails to manage the Memorial in accordance with
this Act and all laws generally applicable to units of
the National Park System; or
(B) ceases to maintain the trust fund required to
be established under paragraph (2).
(6) Availability of map.--The map shall be on file and
available for public inspection at the appropriate offices of
the National Park Service.
(7) Cooperative agreements.--The Secretary may provide
technical assistance and enter into cooperative agreements with
the Foundation for the purpose of providing financial
assistance with marketing of the Memorial.
(8) Limited role of the secretary.--Nothing in this Act
authorizes the Secretary to acquire property or to use Federal
funds for the construction, operation, maintenance, or
management of the Memorial.
(9) General management plan.--
(A) In general.--The Secretary, in consultation
with the Foundation, shall develop a general management
plan for the Memorial. The plan shall be prepared in
accordance with section 100502 of title 54, United
States Code.
(B) Transmittal.--Not later than 3 years after the
date that funds are first made available for this Act
or the Memorial is established by the Secretary,
whichever date is later, the Secretary shall provide a
copy of the completed general management plan to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
|
January 8th National Memorial Act This bill directs the Department of the Interior to establish the January 8th National Memorial in Tucson, Arizona, as an affiliated area of the National Park System in commemoration of the shooting of Congresswoman Gabrielle Giffords and 18 others in Tuscon on January 8, 2011. The memorial shall not be established until Interior certifies that Tucson's January 8th Memorial Foundation, which shall be the management entity for the memorial, has established a trust fund to receive donations and provide for the construction, operation, maintenance, and management of the memorial. Interior shall develop a general management plan for the memorial.
|
{"src": "billsum_train", "title": "January 8th National Memorial Act"}
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Leave Act of 2009''.
SEC. 2. ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE UNIFORMED
SERVICES.
(a) In General.--Part III of title 38, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 44--ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE
UNIFORMED SERVICES
``Sec.
``4401. Definitions.
``4402. Leave requirement.
``4403. Certification.
``4404. Employment and benefits protection.
``4405. Prohibited acts.
``4406. Enforcement.
``4407. Miscellaneous provisions.
``Sec. 4401. Definitions
``In this chapter:
``(1) The terms `benefit', `rights and benefits',
`employee', `employer', and `uniformed services' have the
meaning given such terms in section 4303 of this title.
``(2) The term `contingency operation' has the same meaning
given such term in section 101(a)(13) of title 10.
``(3) The term `eligible employee' means an individual who
is--
``(A) a family member of a member of a uniformed
service; and
``(B) an employee of the employer with respect to
whom leave is requested under section 4402 of this
title.
``(4) The term `family member' means an individual who is,
with respect to another individual, one of the following:
``(A) The spouse of the other individual.
``(B) A son or daughter of the other individual.
``(C) A parent of the other individual.
``(5) The term `reduced leave schedule' means a leave
schedule that reduces the usual number of hours per workweek,
or hours per workday, of an employee.
``(6) The terms `spouse', `son or daughter', and `parent'
have the meaning given such terms in section 101 of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2611).
``Sec. 4402. Leave requirement
``(a) Entitlement to Leave.--In any 12-month period, an eligible
employee shall be entitled to two workweeks of leave for each family
member of the eligible employee who, during such 12-month period--
``(1) is in the uniformed services; and
``(2)(A) receives notification of an impending call or
order to active duty in support of a contingency operation; or
``(B) is deployed in connection with a contingency
operation.
``(b) Leave Taken Intermittently or on Reduced Leave Schedule.--(1)
Leave under subsection (a) may be taken by an eligible employee
intermittently or on a reduced leave schedule as the eligible employee
considers appropriate.
``(2) The taking of leave intermittently or on a reduced leave
schedule pursuant to this subsection shall not result in a reduction in
the total amount of leave to which the eligible employee is entitled
under subsection (a) beyond the amount of leave actually taken.
``(c) Paid Leave Permitted.--Leave granted under subsection (a) may
consist of paid leave or unpaid leave as the employer of the eligible
employee considers appropriate.
``(d) Relationship to Paid Leave.--(1) If an employer provides paid
leave to an eligible employee for fewer than the total number of
workweeks of leave that the eligible employee is entitled to under
subsection (a), the additional amount of leave necessary to attain the
total number of workweeks of leave required under subsection (a) may be
provided without compensation.
``(2) An eligible employee may elect, and an employer may not
require the eligible employee, to substitute any of the accrued paid
vacation leave, personal leave, or family leave of the eligible
employee for leave provided under subsection (a) for any part of the
total period of such leave the eligible employee is entitled to under
such subsection.
``(e) Notice for Leave.--In any case in which an eligible employee
chooses to use leave under subsection (a), the eligible employee shall
provide such notice to the employer as is reasonable and practicable.
``Sec. 4403. Certification
``(a) In General.--An employer may require that a request for leave
under section 4402(a) of this title be supported by a certification of
entitlement to such leave.
``(b) Timeliness of Certification.--An eligible employee shall
provide, in a timely manner, a copy of the certification required by
subsection (a) to the employer.
``(c) Sufficient Certification.--A copy of the notification, call,
or order described in section 4402(a)(2) of this title shall be
considered sufficient certification of entitlement to leave for
purposes of providing certification under this section. The Secretary
may prescribe such additional forms and manners of certification as the
Secretary considers appropriate for purposes of providing certification
under this section.
``Sec. 4404. Employment and benefits protection
``(a) In General.--An eligible employee who takes leave under
section 4402 of this title for the intended purpose of the leave shall
be entitled, on return from such leave--
``(1) to be restored by the employer to the position of
employment held by the eligible employee when the leave
commenced; or
``(2) to be restored to an equivalent position with
equivalent rights and benefits of employment.
``(b) Loss of Benefits.--The taking of leave under section 4402 of
this title shall not result in the loss of any employment benefit
accrued prior to the date on which the leave commenced.
``(c) Limitations.--Nothing in this section shall be construed to
entitle any restored employee to--
``(1) the accrual of any seniority or employment benefits
during any period of leave; or
``(2) any right, benefit, or position of employment other
than any right, benefit, or position to which the employee
would have been entitled had the employee not taken the leave.
``Sec. 4405. Prohibited acts
``(a) Exercise of Rights.--It shall be unlawful for any employer to
interfere with, restrain, or deny the exercise of or the attempt to
exercise, any right provided under this chapter.
``(b) Discrimination.--It shall be unlawful for any employer to
discharge or in any other manner discriminate against any individual
for opposing any practice made unlawful by this chapter.
``Sec. 4406. Enforcement
``The provisions of subchapter III of chapter 43 of this title
shall apply with respect to the provisions of this chapter as if such
provisions were incorporated into and made part of this chapter.
``Sec. 4407. Miscellaneous provisions
``The provisions of subchapter IV of chapter 43 of this title shall
apply with respect to the provisions of this chapter as if such
provisions were incorporated into and made part of this chapter.''.
(b) Clerical Amendments.--The table of chapters at the beginning of
title 38, United States Code, and at the beginning of part III of such
title, are each amended by inserting after the item relating to chapter
43 the following new item:
``44. Annual Leave for Family of Deployed Members of the 4401.''.
Uniformed Services.
|
Military Family Leave Act of 2009 - Entitles an employed family member of a member of the Armed Forces who receives notification of a call or order to active duty in support of a contingency operation, or who is deployed in connection with a contingency operation, to two workweeks of leave per year for each family member who is so called or deployed. Allows such leave to: (1) be taken intermittently or on a reduced leave schedule; and (2) consist of paid or unpaid leave, as the employer considers appropriate.
Allows an employer to require certification of entitlement to such leave within a leave request.
Provides employment and benefits protection for employees upon their return from such leave. Prohibits an employer from interfering with or otherwise denying the exercise of such leave rights.
|
{"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to grant family of members of the uniformed services temporary annual leave during the deployment of such members."}
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Year 2000 Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Electronic data exchanges are used extensively to
transfer information between computer systems. Federal agencies
now depend on electronic data exchanges to execute programs and
facilitate commerce. Consequently, as computer systems are
converted to process Year 2000 dates, the associated data
exchanges must also be made Year 2000 compliant.
(2) The testing and implementation of new data exchanges
must be closely coordinated with exchange partners to be
completed effectively. If Year 2000 data exchanges do not
function properly, data will not be exchanged between systems,
or invalid data could cause receiving computer systems to
malfunction or produce inaccurate computations.
(3) The United States 381,000 small manufacturers
contribute more than half of the country's total value in
manufacturing. However, as of 1997, 88 percent of all companies
with fewer than 2,000 employees had not yet started Year 2000
remediation projects.
(4) As small manufacturers are an integral part of the
business supply chain, it is imperative that their computer
systems are Year 2000 compliant to prevent disruption to the
country's manufacturing base.
(5) The economic well being of the United States is
interdependent with the economic well being of other nations of
the world. There is very little information on the level of
Year 2000 preparedness by other countries and the potential
impact on the United States economy. Therefore, to prevent
economic disruption in the United States, the Year 2000
computer problem must be addressed on a global scale.
(6) Consumer awareness of the potential and extent of
failure of computer hardware, software, and embedded microchips
found in many consumer products resulting from the Year 2000
problem is small.
(7) Currently, there is no information to guide consumers
in the purchase of Year 2000 compliant consumer goods or to
ensure that their existing goods are Year 2000 complaint.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``end-to-end testing'' means testing data
exchange software with respect to--
(A) the initiation of the exchange by sending
computers;
(B) transmission through intermediate
communications software and hardware; and
(C) receipt and acceptance by receiving computers;
(2) the term ``small and medium-sized businesses'' means
businesses with less than 500 employees;
(3) the term ``Year 2000 compliant'' means, with respect to
information technology, that the information technology
accurately processes (including calculating, comparing, and
sequencing) date and time data from, into, and between the 20th
and 21st centuries and the years 1999 and 2000, and leap year
calculations, to the extent that other information technology
properly exchanges date and time data with it; and
(4) the term ``Year 2000 computer problem'' means the
potential problems that might be encountered in any level of
computer hardware and software from microcode to application
programs, files, and databases that need to correctly interpret
year date data represented in 2-digit-year format.
SEC. 4. FEDERAL AGENCY ACTIONS.
To ensure that all computer operations and processing can be
provided without interruption by Federal agencies after December 31,
1999, the head of each Federal agency shall--
(1) take actions necessary to ensure that all systems and
hardware administered by the agency are Year 2000 compliant, to
the extent necessary to ensure that no significant disruption
of the operations of the agency or of the agency's data
exchange partners occurs, including--
(A) establishing, before March 1, 1999, schedules
for testing and implementing new data exchange formats
for completing all data exchange corrections, which may
include national test days for end-to-end testing of
critical processes and associated data exchanges
affecting Federal, State, and local governments;
(B) notifying data exchange partners of the
implications to the agency and the exchange partners if
they do not make appropriate date conversion
corrections in time to meet the Federal schedule for
implementing and testing Year 2000 compliant data
exchange processes;
(C) giving priority to installing filters necessary
to prevent the corruption of mission-critical systems
from data exchanges with noncompliant systems; and
(D) developing and implementing, as part of the
agency's continuity and contingency planning efforts,
specific provisions for data exchanges that may fail,
including strategies to mitigate operational
disruptions if data exchange partners do not make
timely date conversion corrections;
(2) beginning not later than 30 days after the date of the
enactment of this Act, convene meetings at least quarterly with
representatives of the agency's data exchange partners to
assess implementation progress; and
(3) after each meeting convened pursuant to paragraph (2),
transmit to the Congress a report summarizing--
(A) the results of that meeting; and
(B) the status of the agency's completion of key
data exchange corrections, including the extent of data
exchange inventoried, an assessment of data exchange
formats agreed to with data exchange partners, testing
and implementation schedules, and testing and
implementation completed.
SEC. 5. ASSISTANCE FOR SMALL AND MEDIUM-SIZED BUSINESSES.
To ensure that the Nation's small and medium-sized businesses are
prepared to meet the Year 2000 computer problem challenge, the National
Institute of Standards and Technology, in conjunction with the Small
Business Administration, shall develop a Year 2000 compliance outreach
program to assist small and medium-sized businesses. Such program shall
include--
(1) the development of a Year 2000 self-assessment
checklist;
(2) an explanation of the Year 2000 computer problem and an
identification of best practices for resolving the problem;
(3) a list of Federal Government Year 2000 information
resources; and
(4) a list of Year 2000 compliant products provided by the
General Services Administration.
SEC. 6. INTERNATIONAL ASSESSMENT.
Within 6 months after the date of the enactment of this Act, the
Under Secretary of Commerce for Technology, in conjunction with other
relevant Federal agencies, shall transmit to the Congress a report
assessing the international implications of the Year 2000 computer
problem. Such report shall include--
(1) an assessment of Year 2000 compliance by the United
States major trading partners;
(2) a description of efforts by the United States to share
best practices with other countries;
(3) the economic implications on world trade and the United
States economy of the Year 2000 computer problem, including an
identification of impacted United States industrial sectors and
Federal agencies; and
(4) a summary of participation by Federal agencies in
international fora addressing the Year 2000 computer problem.
SEC. 7. CONSUMER AWARENESS.
To ensure that the Nation's consumers are aware of and prepared to
meet the Year 2000 computer problem challenge, the Under Secretary of
Commerce for Technology shall develop a Year 2000 consumer awareness
program to assist the public in becoming aware of the implications of
the Year 2000 computer problem. Such program shall include--
(1) the development of a Year 2000 self-assessment
checklist;
(2) a list of Federal Government Year 2000 computer problem
information resources;
(3) a list of Year 2000 compliant products provided by the
General Services Administration;
(4) a series of public awareness announcements or seminars
on the impact of the Year 2000 computer problem on consumer
products and services; and
(5) a series of public awareness announcements or seminars
on the potential effect that the Year 2000 computer problem
could have on the provision of services by the Federal
Government to the public, and the progress made in resolving
the problem by the Federal agencies providing those services.
|
Year 2000 Act - Requires the head of each Federal agency to: (1) take actions necessary to ensure that all systems and hardware administered by the agency are Year 2000 compliant to the extent necessary to ensure that no significant disruption of the agency's operations or data exchange partners occurs; and (2) convene, at least quarterly, and report to the Congress on, meetings with representatives of the agency's data exchange partners to assess implementation progress.
Directs the National Institute of Standards and Technology, in conjunction with the Small Business Administration, to develop a Year 2000 compliance outreach program to assist the Nation's small and medium-sized businesses to ensure that such businesses are prepared to meet the Year 2000 computer problem (Y2K problem) challenge.
Requires the Under Secretary of Commerce for Technology: (1) in conjunction with other relevant Federal agencies, to transmit to the Congress a report assessing the international implications of the Year 2000 computer problem; and (2) to develop a Year 2000 consumer awareness program to assist the public in becoming aware of the implications of such problem.
|
{"src": "billsum_train", "title": "Year 2000 Act"}
| 1,576 | 219 | 0.638131 | 2.18006 | 0.83656 | 5.721698 | 7.556604 | 0.966981 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle Class Assistance Act of
2008''.
SEC. 2. ABOVE-THE-LINE DEDUCTION FOR STATE AND LOCAL REAL PROPERTY
TAXES ON PRINCIPAL RESIDENCES OF TAXPAYERS WHO ELECT NOT
TO DEDUCT STATE AND LOCAL INCOME AND GENERAL SALES TAXES.
(a) In General.--Subsection (a) of section 62 of the Internal
Revenue Code of 1986 (defining adjusted gross income) is amended by
inserting after paragraph (21) the following new paragraph:
``(22) Deduction for state and local real property taxes on
principal residences of taxpayers who do not deduct state and
local income and general sales taxes.--
``(A) In general.--In the case of an eligible
individual, the deduction allowed by section 164 for
State and local real property taxes to the extent such
taxes are attributable to--
``(i) property located in the United
States, and
``(ii) for a period that such individual
(or such individual's spouse) owned and used
the property as their principal residence
(within the meaning of section 121).
``(B) Eligible individual.--For purposes of
subparagraph (A), the term `eligible individual' means
any taxpayer who elects for the taxable year to apply
section 164 without regard to--
``(i) the reference to State and local
income taxes in section 164(a), and
``(ii) the election under section 164(b)(5)
(relating to election to deduct State and local
sales taxes in lieu of State and local income
taxes).''.
(b) No Affect on Amt.--Subparagraph (A) of section 56(b)(1) of such
Code is amended by adding at the end the following new sentence:
``Section 62(a)(22) shall not apply for purposes of the preceding
sentence.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. REFUNDABLE CREDIT FOR INCREASED 2008 HOME HEATING OIL COSTS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application) is amended by
adding at the end the following new section:
``SEC. 6431. REFUNDABLE CREDIT FOR INCREASED 2008 HOME HEATING OIL
COSTS.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by subtitle A for
the first taxable year of the taxpayer ending on or after December 31,
2008, an amount equal to the taxpayer's increased 2008 home heating oil
costs.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed by this section
for the taxable year shall not exceed $500.
``(2) Limitation based on adjusted gross income.--The
dollar amount applicable under paragraph (1) (determined after
the application of subsection (e)(2)) shall be reduced (but not
below zero) by the amount which bears the same ratio to such
applicable dollar amount (as so determined) as the excess of
the taxpayer's adjusted gross income over $200,000 bears to
$10,000.
``(c) Eligible Individual.--
``(1) In general.--For purposes of this section, the term
`eligible individual' means any individual whose principal
residence is located in the United States.
``(2) Exception.--Such term shall not include--
``(A) any nonresident alien individual, and
``(B) any individual with respect to whom a
deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar
year in which the individual's taxable year begins.
``(d) Increased 2008 Heating Oil Costs.--For purposes of this
section--
``(1) In general.--The term `increased 2008 heating oil
costs' means the excess (if any) of--
``(A) the amount paid by the taxpayer for heating
oil used to provide space heating for the principal
residence of the taxpayer during 2007, over
``(B) the amount paid by the taxpayer for heating
oil used to provide space heating for such residence
during 2008.
``(2) Use as principal residence for less than entire
year.--If the principal residence of an individual is not the
same throughout 2007 and 2008, the limitation applicable to
such individual under subsection (b) shall be the amount equal
to--
``(A) such limitation (determined without regard to
this paragraph), multiplied by
``(B) the smaller of--
``(i) the fraction of 2007 (determined on a
daily basis) that such residence was the
principal residence of the individual, or
``(ii) the fraction of 2008 (as so
determined) that such residence was the
principal residence of the individual.
``(3) Renters.--In the case of an individual who occupies a
unit in a building as a tenant, such individual shall be
treated as paying the individual's allocable share (determined
as provided by the Secretary) of the heating oil used to
provide space heating for such building.
``(4) Heating oil not used throughout period.--If
substantially all of the space heating for a residence is not
provided by heating oil consumed at such residence throughout
2007 and 2008, the application of this section shall be
determined under regulations prescribed by the Secretary.
``(e) Special Rules.--
``(1) Denial of double benefit.--No deduction shall be
allowed for the amount described in subsection (d)(1)(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 this section.
``(2) Dollar amount in case of joint occupancy.--In the
case of a dwelling unit which is the principal residence by 2
or more individuals, the dollar limitation under subsection
(b)(1) shall be allocated among such individuals in proportion
to their respective payments of the 2008 heating oil costs.
``(3) Certain other rules to apply.--Rules similar to the
rules of paragraphs (5), (6), and (7) of section 25D(e) shall
apply for purposes of this section.
``(f) Principal Residence.--For purposes of this section, the term
`principal residence' has the meaning given to such term by section
121; except that no ownership requirement shall be imposed.
``(g) Treatment as Refundable Credit.--For purposes of this title,
the credit allowed by this section shall be treated as a credit allowed
under subpart C of part IV of subchapter A of chapter 1 (relating to
refundable credits).''.
(b) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 6431'' after
``section 35''.
(2) The table of sections for chapter 65 of such Code is
amended by adding at the end the following new item:
``Sec. 6431. Refundable credit for increased 2008 home heating oil
costs.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 4. DEDUCTION FOR TUITION AND RELATED EXPENSES INCREASED AND MADE
PERMANENT.
(a) Deduction Made Permanent.--Section 222 of the Internal Revenue
Code of 1986 (relating to qualified tuition and related expenses) is
amended by striking subsection (e).
(b) Deduction Increased.--Subsection (b) section 222 of such Code
is amended to read as follows:
``(b) Dollar Limitations.--
``(1) Joint returns.--The expenses of each student which
may be taken into account under this section for any taxable
year shall not exceed the applicable limit determined in
accordance with the following table:
The applicable
``If adjusted gross income-- limit is--
Does not exceed $130,000..................... $6,000
Exceeds $130,000 but does not exceed $160,000 $3,000
Exceeds $160,000 but does not exceed $200,000 $1,500
Exceeds $200,000............................. 0.
``(2) Other taxpayers.--In the case of taxpayers not filing
a joint return, the table contained in paragraph (1) shall be
applied by substituting amounts of adjusted gross income which
are \1/2\ of the amounts contained therein.
``(3) Adjusted gross income.--For purposes of this
subsection, adjusted gross income shall be determined--
``(A) without regard to this section and sections
199, 911, 931, and 933, and
``(B) after application of sections 86, 135, 137,
219, 221, and 469.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
|
Middle Class Assistance Act of 2008 - Amends the Internal Revenue Code to: (1) allow a deduction from gross income for state and local real property taxes on the principal residences of taxpayers who elect not to deduct state and local income and general sales taxes (making such deduction available to taxpayers who do not itemize); (2) allow a refundable tax credit, up to $500, for increased home heating oil costs in 2008; and (3) increase and make permanent the tax deduction for qualified tuition and related expenses.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow an above-the-line deduction for State and local real property taxes on principal residences of taxpayers who elect not to deduct State and local income and general sales taxes, a refundable credit for the increased cost in 2008 of heating oil used to heat the principal residence of the taxpayer, and to increase and make permanent the deduction for qualified tuition and related expenses."}
| 2,048 | 107 | 0.565026 | 1.382506 | 0.397868 | 3.582524 | 17.747573 | 0.902913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Banking for Human Traffickers
Act of 2017''.
SEC. 2. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE OFFICE OF
TERRORISM AND FINANCIAL INTELLIGENCE.
(a) Functions.--Section 312(a)(4) of title 31, United States Code,
is amended--
(1) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) combating illicit financing relating to human
trafficking;''.
(b) Interagency Coordination.--Section 312(a) of such title is
amended by adding at the end the following:
``(8) Interagency coordination.--The Secretary of the
Treasury, after consultation with the Undersecretary for
Terrorism and Financial Crimes, shall designate an office
within the OTFI that shall coordinate efforts to combat the
illicit financing of human trafficking with--
``(A) other offices of the Department of the
Treasury;
``(B) other Federal agencies, including--
``(i) the Office to Monitor and Combat
Trafficking in Persons of the Department of
State; and
``(ii) the Interagency Task Force to
Monitor and Combat Trafficking;
``(C) State and local law enforcement agencies; and
``(D) foreign governments.''.
SEC. 3. STRENGTHENING THE ROLE OF ANTI-MONEY LAUNDERING AND OTHER
FINANCIAL TOOLS IN COMBATING HUMAN TRAFFICKING.
(a) Interagency Task Force Recommendations Targeting Money
Laundering Related to Human Trafficking.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Interagency Task Force to
Monitor and Combat Trafficking shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate, the
Committee on the Judiciary of the Senate, the Committee on
Financial Services of the House of Representatives, the
Committee on the Judiciary of the House of Representatives, the
Secretary of the Treasury, and each appropriate Federal banking
agency--
(A) an analysis of anti-money laundering efforts of
the United States Government and United States
financial institutions related to human trafficking;
and
(B) appropriate legislative, administrative, and
other recommendations to strengthen efforts against
money laundering relating to human trafficking.
(2) Required recommendations.--The recommendations under
paragraph (1) shall include--
(A) best practices based on successful anti-human
trafficking programs currently in place at financial
institutions that are suitable for broader adoption;
(B) stakeholder feedback on policy proposals
derived from the analysis conducted by the task force
referred to in paragraph (1) that would enhance the
efforts and programs of financial institutions to
detect and deter money laundering related to human
trafficking, including any recommended changes to
internal policies, procedures, and controls related to
human trafficking;
(C) any recommended changes to training programs at
financial institutions to better equip employees to
deter and detect money laundering related to human
trafficking; and
(D) any recommended changes to expand human
trafficking-related information sharing among financial
institutions and between such financial institutions,
appropriate law enforcement agencies, and appropriate
Federal agencies.
(b) Additional Reporting Requirement.--Section 105(d)(7) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is
amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting ``the Committee on Financial
Services,'' after ``the Committee on Foreign Affairs'';
and
(B) by inserting ``the Committee on Banking,
Housing, and Urban Affairs'' after ``the Committee on
Foreign Relations,'';
(2) in subparagraph (Q)(vii), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (R), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(S) the efforts of the United States to eliminate
money laundering related to human trafficking and the
number of investigations, arrests, indictments, and
convictions in money laundering cases with a nexus to
human trafficking.''.
(c) Required Review of Procedures.--Not later than 180 days after
the date of the enactment of this Act, the Federal Financial
Institutions Examination Council, in consultation with the Secretary of
the Treasury, the private sector, and appropriate law enforcement
agencies, shall--
(1) review and enhance training and examinations procedures
to improve the surveillance capabilities of anti-money
laundering, and countering the financing of terrorism programs
to detect human trafficking-related financial transactions;
(2) review and enhance procedures for referring potential
human trafficking cases to the appropriate law enforcement
agency; and
(3) determine, as appropriate, whether requirements for
financial institutions and covered financial institutions are
sufficient to detect and deter money laundering related to
human trafficking.
|
End Banking for Human Traffickers Act of 2017 This bill revises the duties of the Department of the Treasury's Office of Terrorism and Financial Intelligence to include combating illicit financing relating to human trafficking. The bill amends the Trafficking Victims Protection Act of 2000 to direct the Interagency Task Force to Monitor and Combat Trafficking to report on efforts to eliminate money laundering relating to human trafficking. The Federal Financial Institutions Examinations Council must review procedures relating to the detection and deterrence of human trafficking-related financial transactions.
|
{"src": "billsum_train", "title": "End Banking for Human Traffickers Act of 2017"}
| 1,161 | 122 | 0.623136 | 1.531769 | 0.611822 | 3.244681 | 10.989362 | 0.861702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Financing Incentive
Act of 2004''.
SEC. 2. NONRECOGNITION OF GAIN FROM SALE OF REAL PROPERTY UPON
SUBSEQUENT PURCHASE OF RENEWABLE ENERGY PROPERTY.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1046. NONRECOGNITION OF GAIN FROM SALE OF REAL PROPERTY UPON
SUBSEQUENT PURCHASE OF RENEWABLE ENERGY PROPERTY.
``(a) General Rule.--If--
``(1) the taxpayer elects in such form as the Secretary may
prescribe the application of this section with respect to any
sale of real property located in the United States,
``(2) such sale gives rise to gain, and
``(3) the seller of such property acquires renewable energy
property within the replacement period,
then, except as provided in subsections (b) and (e), no gain shall
result to the taxpayer from the sale of such property.
``(b) Amount of Gain Resulting.--
``(1) In general.--In the case of an acquisition of
renewable energy property to which subsection (a) applies, gain
shall result from such acquisition to the extent that the price
for which such real property is sold exceeds the cost of the
renewable energy property acquired.
``(2) Gain recognized.--Except as provided in this section,
the gain determined under paragraph (1) shall be recognized,
notwithstanding any other provision of this subtitle.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Renewable energy property.--The term `renewable
energy property' means a facility located in the United States
which uses renewable energy sources as a primary feedstock for
the generation of electricity or the manufacture of motor
vehicle fuels.
``(2) Special rule relating to stock and interests in
partnerships.--
``(A) Partnership interest.--An interest in a
partnership shall be treated as an interest in each of
the assets of the partnership and not as an interest in
the partnership.
``(B) Stock in corporation.--Stock in a corporation
the principal business of which is owning or operating
renewable energy property shall be treated as such
property.
``(C) Cooperatives.--Rules similar to the rules of
subparagraph (A) or (B), as appropriate, shall apply in
the case of an organization which is subject to section
521 or to which part I of subchapter T applies.
``(3) Replacement period.--The term `replacement period'
means the 2-year period beginning on the date of the sale of
real property with respect to which there is in effect an
election under subsection (a).
``(4) Requirement that property be identified.--For
purposes of this section, any property received by the taxpayer
shall be treated as property which is not like-kind property if
such property is not identified as property to be received in
the exchange on or before the day which is 180 days after the
date on which the taxpayer transfers the property relinquished
in the exchange.
``(d) Basis of Renewable Energy Property.--The basis shall be the
same as that of the property exchanged, decreased in the amount of any
money received by the taxpayer and increased in the amount of gain or
decreased in the amount of loss to the taxpayer that was recognized on
such exchange.
``(e) Recapture.--
``(1) In general.--If a taxpayer disposes of any renewable
energy property, then, notwithstanding any other provision of
this title, gain (if any) shall be recognized to the extent of
the gain which was not recognized under subsection (a) by
reason of the acquisition by such taxpayer of such renewable
energy property.
``(2) Certain dispositions not taken into account.--For
purposes of paragraph (1), there shall not be taken into
account any disposition--
``(A) after the death of the taxpayer,
``(B) in a compulsory or involuntary conversion
(within the meaning of section 1033) if the exchange
occurred before the threat or imminence of such
conversion, or
``(C) with respect to which it is established to
the satisfaction of the Secretary that such disposition
had as one of its principal purposes the avoidance of
Federal income tax.
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any renewable energy property and
there is in effect an election under subsection (a) with respect to
such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing renewable
energy property which the taxpayer claims results in
nonrecognition of any part of such gain,
``(B) the taxpayer's intention not to purchase
renewable energy property within the replacement
period, or
``(C) a failure to make such purchase within the
replacement period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.''.
(b) Conforming Amendment.--Section 1016(a) of such Code is amended
by striking ``and'' at the end of paragraph (27), by striking the
period at the end of paragraph (28) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(29) in the case of property the acquisition of which
resulted under section 1046 in the nonrecognition of any part
of the gain realized on the sale of other property, to the
extent provided in section 1046.''.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1046. Nonrecognition of gain from sale of real property upon
subsequent purchase of renewable energy
property.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to real property sold after December 31, 2004.
|
Renewable Energy Financing Incentive Act of 2004 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the sale of real property if such gain is reinvested in renewable energy property within two years after the sale. Defines "renewable energy property" as a facility located in the United States which uses renewable energy sources as a primary feedstock for the generation of electricity or the manufacture of motor vehicle fuels.
|
{"src": "billsum_train", "title": "To provide incentives for investment in renewable energy facilities."}
| 1,458 | 101 | 0.645743 | 1.673617 | 1.022285 | 4.346154 | 17.115385 | 0.910256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Choctaw Code Talkers Recognition
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On April 6, 1917, the United States, after
extraordinary provocations, declared war on Germany, thus the
United States entered World War I, the War to End All Wars.
(2) At the time of this declaration of war, Indian people
in the United States, including members of the Choctaw Nation,
were not accorded the status of citizens of the United States.
(3) Without regard to this lack of citizenship, many
members of the Choctaw Nation joined many members of other
Indian tribes and nations in enlisting in the Armed Forces to
fight on behalf of their native land.
(4) Members of the Choctaw Nation were enlisted in the
force known as the American Expeditionary Force, which began
hostile actions in France in the fall of 1917, and
specifically, members of the Choctaw Nation were incorporated
in a company of Indian enlistees serving in the 142d Infantry
Company of the 36th Division.
(5) A major impediment to Allied operations in general, and
American operations in particular, was the fact that the German
forces had deciphered all codes used for transmitting
information between Allied commands, leading to substantial
loss of men and materiel during the first year of American
action.
(6) Because of the proximity and static nature of the
battle lines, a method to communicate without the knowledge of
the enemy was needed.
(7) An American commander realized the fact that he had
under his command a number of men who spoke a native language.
While the use of such native languages was discouraged by the
American Government, the commander sought out and recruited 18
Choctaw Indians to use for transmission of field telephone
communications during an upcoming campaign.
(8) Because the language used by the Choctaw soldiers in
the transmission of information was not based on a European
language or on a mathematical progression, the Germans were
unable to understand any of the transmissions.
(9) The Choctaw soldiers were placed in different command
positions, to achieve the widest possible area for
communications.
(10) The use of the Choctaw Code Talkers was particularly
important in the movement of American soldiers in October of
1918 (including securing forward and exposed positions), in the
protection of supplies during American action (including
protecting gun emplacements from enemy shelling), and in the
preparation for the assault on German positions in the final
stages of combat operations in the fall of 1918.
(11) In the opinion of the officers involved, the use of
Choctaw Indians to transmit information in their native
language saved men and munitions, and was highly successful.
Based on this successful experience, Choctaw Indians were being
withdrawn from frontline units for training in transmission of
codes so as to be more widely used when the war came to a halt.
(12) The Germans never succeeded in breaking the Choctaw
code.
(13) This was the first time in modern warfare that such
transmission of messages in a native American language was used
for the purpose of confusing the enemy.
(14) This action by members of the Choctaw Nation is
another example of the commitment of American Indians to the
defense of our great Nation and adds to the proud legacy of
such service.
(15) The Choctaw Nation has honored the actions of these 18
Choctaw Code Talkers through a memorial bearing their names
located at the entrance of the tribal complex in Durant,
Oklahoma.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--To express recognition by the United
States of America and its citizens in honoring the Choctaw Code Talkers
who distinguished themselves in performing a unique, highly successful
communications operation that greatly assisted in saving countless
lives and in hastening the end of World War I, the President is
authorized to present to each Choctaw Code Talker, or a surviving
family member of that Code Talker, on behalf of the Congress, a gold
medal of appropriate design honoring the Choctaw Code Talkers.
(b) Design and Striking.--For the purposes of the presentations
referred to in subsection (a), the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall strike gold medals
with suitable emblems, devices, and inscriptions, to be determined by
the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, and at a price sufficient to cover the costs
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS AS NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code.
SEC. 6. FUNDING.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund an amount
not to exceed $30,000 to pay for the costs of the medals authorized by
this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund.
|
Choctaw Code Talkers Recognition Act - Authorizes the President to present on behalf of Congress (where appropriate, posthumously) congressional gold medals honoring the Choctaw Code Talkers who distinguished themselves in performing a unique, highly successful communications operation that greatly assisted in saving countless lives and in hastening the end of World War I.
|
{"src": "billsum_train", "title": "To authorize the President to present a gold medal on behalf of the Congress to the Choctaw Code Talkers in recognition of their contributions to the Nation, and for other purposes."}
| 1,213 | 80 | 0.441112 | 1.341829 | 0.566257 | 5.508772 | 19.315789 | 0.912281 |
SECTION 1. REPORTS ASSESSING THE IMPACT OF NAFTA ON JOBS AND THE
ENVIRONMENT.
(a) Report on Domestic Manufacturing and Jobs.--The Secretary of
Commerce, after consultation with the appropriate government agencies,
shall determine the levels of exports of United States manufactured
goods to NAFTA parties and imports into the United States of
manufactured goods from NAFTA parties, and the number of jobs that have
resulted from increased exports of manufactured goods to NAFTA parties
and the loss of jobs that has resulted from increased imports into the
United States of manufactured goods from NAFTA parties since January 1,
1994. The Secretary of Commerce shall submit to the Congress a report
on the determinations made under this subsection not later than 6
months after the date of the enactment of this Act.
(b) Report Relating to Health and Environmental Impacts of NAFTA.--
The Administrator of the Environmental Protection Agency, in
consultation with the Secretariat for the NAFTA Commission on
Environmental Cooperation, shall conduct investigations of whether
pollution and health hazards in the United States have worsened since
January 1, 1994, to the extent they may be attributable to the
implementation of NAFTA, and specifically in and around the United
States-Mexico border and the United States-Canada border, and shall
report to the Congress on the results of those investigations not later
than 6 months after the date of the enactment of this Act.
SEC. 2. PRESIDENTIAL CERTIFICATIONS.
(a) Certifications Regarding Environmental Agreement.--
(1) Annual certifications.--The President shall, on the
basis of the reports prepared under paragraph (2), submit to
the Congress, not later than May 31 of each year, a report that
certifies whether or not each NAFTA country is meeting
commitments made in the North American Agreement on
Environmental Cooperation--
(A) to ensure that the regulations of that country
establish and enforce levels of environmental
protection that meet the requirements of its
constitution and other laws setting forth the country's
policy on environmental protection; and
(B) to effectively enforce the laws referred to in
paragraph (1).
(2) Basis of certification.--The Administrator of the
Environmental Protection Agency shall prepare for the President
an annual report on the enforcement by each NAFTA country of
its laws governing environmental protection, and its progress
in protecting the environment in accordance with its
development. In doing so, the Administrator shall consider the
country's--
(A) air quality standards;
(B) water effluent standards; and
(C) hazardous waste disposal standards.
Each report under this paragraph shall be transmitted to the
President not later than 30 days before the date on which the
President is required to submit his report under paragraph (1).
(b) Certifications Regarding Labor Agreement.--
(1) Annual certifications.--The President shall, on the
basis of the reports prepared under paragraph (2), submit to
the Congress, not later than May 31 of each year, a report that
certifies whether or not each NAFTA country is meeting
commitments made in the North American Agreement on Labor
Cooperation to comply with the objectives of that Agreement to
promote and improve laws protecting worker rights and to
promote compliance with these laws by using appropriate methods
such as--
(A) monitoring and on-site inspection by persons
trained to do so;
(B) encouragement of voluntary compliance by
employers;
(C) mandatory reporting by employers to appropriate
governmental authorities; and
(D) enforcement actions.
(2) Basis of certification.--The Secretary of Labor shall
prepare for the President an annual report on the enforcement
by each NAFTA country of its laws protecting worker rights. In
doing so, the Secretary shall consider the country's
enforcement of such laws in accordance with the following labor
principles (as stated in the Preamble of the North American
Agreement on Labor Cooperation):
(A) Freedom of association.
(B) The right to bargain collectively.
(C) The right to strike.
(D) Prohibition on forced labor.
(E) Restrictions on labor by children and young
people.
(F) Minimum employment standards.
(G) Elimination of employment discrimination.
(H) Equal pay for men and women.
(I) Prevention of occupational accidents and
diseases.
(J) Compensation in cases of work accidents and
occupational diseases.
Each report under this paragraph shall be transmitted to the
President not later than 30 days before the date on which the
President is required to submit his report under paragraph (1).
SEC. 3. DEFINITIONS.
As used in this Act:
(1) NAFTA.--The term ``NAFTA'' means the North American
Free Trade Agreement entered into by the United States, Canada,
and Mexico on December 17, 1992.
(2) NAFTA country.--The term ``NAFTA country'' has the
meaning given that term in section 2(4) of the North American
Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)).
(3) NAFTA party.--The term ``NAFTA party'' means the United
States, Canada, or Mexico.
(4) North american agreement on environmental
cooperation.--The term ``North American Agreement on
Environmental Cooperation'' has the meaning given that term in
section 532(b)(2) of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3472(b)(2)).
(5) North american agreement on labor cooperation.--The
term ``North American Agreement on Labor Cooperation'' has the
meaning given that term in section 531(b)(2) of the North
American Free Trade Agreement Implementation Act (19 U.S.C.
3471(b)(2)).
|
Directs the Secretary of Commerce to determine the levels of exports of U.S. goods to North American Free Trade Agreement (NAFTA) parties and imports into the United States of goods from NAFTA parties, and the number of jobs that have resulted from increased exports of goods to NAFTA parties, and the loss of jobs that have resulted from increased imports into the United States of goods from NAFTA parties since January 1, 1994.Directs the Administrator of the Environmental Protection Agency to investigate whether pollution and health hazards in the United States have worsened since January 1, 1994, to the extent that may be attributable to NAFTA, and specifically in and around the U.S.-Mexico and the U.S.-Canada borders.Directs the President to certify annually to Congress whether or not each NAFTA country is meeting certain commitments made with respect to: (1) environmental protection in the North American Agreement on Environmental Cooperation; and (2) workers' rights in the North American Agreement on Labor Cooperation.
|
{"src": "billsum_train", "title": "To assess the impact of the North American Free Trade Agreement on domestic job loss and the environment, and for other purposes."}
| 1,210 | 223 | 0.707338 | 2.084085 | 0.801377 | 5.513966 | 6.312849 | 0.921788 |
SECTION 1. INFERTILITY BENEFITS.
Section 8904 of title 5, United States Code, is amended by adding
at the end the following:
``(c)(1) Each health benefits plan described by section 8903 or
8903a which provides obstetrical benefits shall also provide coverage
for the diagnosis and treatment of infertility, including
nonexperimental assisted reproductive technology procedures.
``(2) Under this subsection--
``(A) coverage for the diagnosis or treatment of
infertility may not be subject to any copayment or deductible
greater than applies with respect to obstetrical benefits under
the plan involved; and
``(B) coverage for a procedure described in paragraph
(5)(B) shall, in the case of any individual, be required only
if--
``(i) such individual has been unable to carry a
pregnancy to live birth through less costly, medically
appropriate infertility treatments for which such
individual has coverage under this chapter;
``(ii) the procedure (including any retrieval
incident thereto) is performed at medical facilities
that conform to the standards of the American Society
for Reproductive Medicine, the Society for Assisted
Reproductive Technology, the American College of
Obstetricians and Gynecologists, or any other similar
nationally-recognized organization, or a Federal agency
that promulgates standards for infertility procedures;
and
``(iii) if the services of a laboratory are
required, such laboratory is accredited by the College
of American Pathologists' Reproductive Laboratory
Accreditation Program or any other similar nationally-
recognized program, or a Federal agency performing a
similar function.
``(3)(A) Except as provided in subparagraph (B) or (C)--
``(i) coverage for a procedure described in paragraph
(5)(B) may be provided only if the individual involved has not
already undergone 4 attempts to achieve a live birth using any
such procedures; and
``(ii) coverage for an oocyte retrieval may be provided
only if the individual involved has not already undergone 4
complete oocyte retrievals.
``(B) For purposes of clause (i) of subparagraph (A)--
``(i) if a live birth results from the third attempt (using
a procedure described in paragraph (5)(B)), such clause shall
be applied by substituting `5' for `4'; and
``(ii) if a live birth results from the fourth attempt
(using a procedure described in paragraph (5)(B)), such clause
shall be applied by substituting `6' for the otherwise
applicable lifetime maximum.
``(C) For purposes of clause (ii) of subparagraph (A)--
``(i) if a live birth results from the third oocyte
retrieval, such clause shall be applied by substituting `5' for
`4'; and
``(ii) if a live birth results from the fourth oocyte
retrieval, such clause shall be applied by substituting `6' for
the otherwise applicable lifetime maximum.
``(4) In no event shall this subsection be considered to permit or
require coverage--
``(A) if, or to the extent that, the health benefits plan
objects to such coverage on the basis of religious beliefs; or
``(B) in connection with any procedure or treatment, unless
rendered by a physician or at the direction or request of a
physician.
``(5) For purposes of this subsection--
``(A) the term `infertility' means--
``(i) the inability to conceive a pregnancy after
12 months of regular sexual relations without
contraception or to carry a pregnancy to a live birth;
or
``(ii) the presence of a demonstrated condition
determined by 2 physicians (at least 1 of whom
specializes in infertility) to cause infertility; and
``(B) the term `nonexperimental assisted reproductive
technology procedure' means in vitro fertilization, gamete
intrafallopian transfer, zygote intrafallopian transfer, and
any other clinical treatment or procedure the safety and
efficacy of which are recognized by the American Society for
Reproductive Medicine, the American College of Obstetricians
and Gynecologists, or any other similar nationally-recognized
organization, or a Federal agency described in paragraph
(2)(B)(iii).
``(6) The Office shall prescribe any regulations necessary to carry
out this subsection.''.
SEC. 2. EFFECTIVE DATE.
The amendment made by this Act shall apply with respect to
contracts entered into or renewed for any year beginning after the end
of the 6-month period beginning on the date of enactment of this Act.
|
Amends Federal civil service law to require any health benefits plan under the Federal Employees Health Benefit Program that provides obstetrical benefits to also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures.
|
{"src": "billsum_train", "title": "To amend chapter 89 of title 5, United States Code, to provide that any health benefits plan which provides obstetrical benefits shall be required also to provide coverage for the diagnosis and treatment of infertility."}
| 1,064 | 55 | 0.544475 | 1.263778 | 0.933749 | 3.780488 | 22.878049 | 0.853659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voting Access Act''.
SEC. 2. REQUIRING STATES TO MEET STANDARDS FOR LOCATION AND OPERATION
OF POLLING PLACES USED IN ELECTIONS FOR FEDERAL OFFICE.
(a) Establishment of Standards.--
(1) In general.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.) is amended by inserting after
section 303 the following new section:
``SEC. 303A. COMPLIANCE WITH STANDARDS FOR LOCATION AND OPERATION OF
POLLING PLACES.
``(a) Compliance.--Each State shall comply with the standards
established by the Commission under this section for the location and
operation of polling places used in elections for Federal office.
``(b) Establishment of Standards.--
``(1) Standards described.--In consultation with the chief
State election officials of the States, the Commission shall
establish national standards for the location and operation of
polling places used in elections for Federal office (other than
sites used as polling places on dates other than the date of
the election), including the following:
``(A) A requirement that no individual shall be
required to wait for longer than one hour in order to
cast a vote at a polling place.
``(B) Standards for determining the number of
polling places within a jurisdiction on the basis of
the voting age population of the jurisdiction, taking
into consideration factors which include the linguistic
preferences of voters in the jurisdiction, the
availability of same-day voter registration in the
jurisdiction, and other relevant factors.
``(C) Standards for the nondiscriminatory placement
and location of polling places within a jurisdiction,
including standards to ensure that polling places are
accessible to voters with disabilities and voters using
public transportation.
``(D) Standards for ensuring that each polling
place has sufficient resources, including voting
systems, ballots, and election officials, to meet the
requirement described in subparagraph (A).
``(E) Standards for ensuring that voters are given
timely, accurate, and current information in clear and
concise language regarding ballot information and the
location of polling places.
``(F) Best practices for preventing violations of
laws prohibiting the intimidation or harassment of
voters at polling places.
``(2) Process for establishment of standards.--The
establishment of the standards under this section shall be
carried out by the Commission in a manner that provides for
each of the following:
``(A) Publication of notice of the proposed
standards in the Federal Register.
``(B) An opportunity for public comment on the
proposed standards.
``(C) Publication of the final standards in the
Federal Register.
``(c) Deadline; Effective Date.--The Commission shall establish the
standards under this section not later than 1 year after the date of
the enactment of this section, and each State shall comply with the
standards with respect to all elections for Federal office held on or
after the expiration of the 180-day period which begins on the date the
Commission establishes the standards.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 303
the following new item:
``Sec. 303A. Compliance with standards for location and operation of
polling places.''.
(b) Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is
amended by striking ``and 303'' and inserting ``303, and 303A''.
(c) Funding.--Section 257(a) of such Act (52 U.S.C. 21007(a)) is
amended by adding at the end the following new paragraph:
``(5) For the first fiscal year during which States are
subject to the requirements of section 303A (relating to
standards established by the Commission for the location and
operation of polling places), such sums as are necessary for
requirements payments to enable the States to meet the
requirements of such section.''.
SEC. 3. STUDY AND REPORT ON MISIDENTIFICATION OF INDIVIDUAL POLITICAL
PARTY REGISTRATION.
(a) Study.--The Election Assistance Commission shall conduct a
study of instances of the misidentification by election officials of
the political party registration of individuals attempting to vote in
primary elections for Federal office, including an analysis of the
frequency of such misidentification among various jurisdictions.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall submit to Congress a report
on the study conducted under subsection (a), and shall include in the
report such recommendations as the Commission considers appropriate to
prevent and respond to the misidentification of an individual's
political party registration, including recommendations to permit
individuals to correct their political party registration at the
polling place on the date of voting.
|
Voting Access Act This bill amends the Help America Vote Act of 2002 to require each state to comply with national standards established by the Election Assistance Commission for the location and operation of polling places used in elections for federal office. The Commission shall establish such standards and study instances of the misidentification by election officials of the political party registration of individuals attempting to vote in primary elections for federal office.
|
{"src": "billsum_train", "title": "Voting Access Act"}
| 1,117 | 84 | 0.536578 | 1.31586 | 0.854096 | 5.333333 | 13.133333 | 0.96 |
SECTION 1. MORTGAGE INTEREST DEDUCTION FOR QUALIFIED NON-REDEEMABLE
GROUND RENTS.
(a) In General.--Section 163(c) of the Internal Revenue Code of
1986 is amended to read as follows:
``(c) Ground Rents.--For purposes of this subtitle, any annual or
periodic rental under a redeemable ground rent (excluding amounts in
redemption thereof) or a qualified non-redeemable ground rent shall be
treated as interest on an indebtedness secured by a mortgage.''
(b) Treatment of Qualified Non-Redeemable Ground Rents.--
(1) In general.--Subsections (a), (b), and (d) of section
1055 of the Internal Revenue Code of 1986 (relating to
redeemable ground rents) are amended by inserting ``or
qualified non-redeemable'' after ``redeemable'' each place it
appears.
(2) Definition.--Section 1055 of such Code is amended by
redesignating subsection (d) as subsection (e) and by inserting
after subsection (c) the following new subsection:
``(d) Qualified Non-Redeemable Ground Rent.--For purposes of this
subtitle, the term `qualified non-redeemable ground rent' means a
ground rent with respect to which--
``(1) there is a lease of land which is for a term in
excess of 15 years,
``(2) no portion of any payment is allocable to the use of
any property other than the land surface,
``(3) the lessor's interest in the land is primarily a
security interest to protect the rental payments to which the
lessor is entitled under the lease, and
``(4) the leased property must be used as the taxpayer's
principal residence (within the meaning of section 1034).''
(3) Conforming amendments.--
(A) The heading for section 1055 of such Code is
amended by striking ``redeemable''.
(B) The item relating to section 1055 in the table
of sections for part IV of subchapter O of chapter 1 of
subtitle A of such Code is amended by striking
``Redeemable ground'' and inserting ``Ground''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, with respect to
taxable years ending after such date.
SEC. 2. CREDIT FOR TRANSACTION COSTS ON THE TRANSFER OF LAND SUBJECT TO
CERTAIN GROUND RENTS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by inserting after section 30 the following new
section:
``SEC. 30A. CREDIT FOR TRANSACTION COSTS.
``(a) Allowance of Credit.--
``(1) In general.--At the election of the taxpayer, there
shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the transaction
costs relating to any sale or exchange of land subject to
ground rents with respect to which immediately after and for at
least 1 year prior to such sale or exchange--
``(A) the transferee is the lessee who owns a
dwelling unit on the land being transferred, and
``(B) the transferor is the lessor.
``(2) Credit allowed to both transferor and transferee.--
The credit allowed under paragraph (1) shall be allowed to both
the transferor and the transferee.
``(b) Limitations.--
``(1) Limitation per dwelling unit.--The amount of the
credit allowed to a taxpayer under subsection (a) for any
taxable year shall not exceed the lesser of--
``(A) $5,000 per dwelling unit, or
``(B) 10 percent of the sale price of the land.
``(2) Limitation based on taxable income.--The amount of
the credit allowed to a taxpayer under subsection (a) for any
taxable year shall not exceed the sum of--
``(A) 20 percent of the regular tax for the taxable
year reduced by the sum of the credits allowable under
subpart A and sections 27, 28, 29, and 30, plus
``(B) the alternative minimum tax imposed by
section 55.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Transaction costs.--
``(A) In General.--The term `transaction costs'
means any expenditure directly associated with a
transaction, the purpose of which is to convey to the
lessee, by the lessor, land subject to ground rents.
``(B) Specific expenditures.--Such term includes
closing costs, attorney fees, surveys and appraisals,
and telephone, office, and travel expenses incurred in
negotiations with respect to such transaction.
``(C) Lost rents not included.--Such term does not
include lost rents due to the premature termination of
an existing lease.
``(2) Dwelling unit.--A dwelling unit shall include any
structure or portion of any structure which serves as the
principal residence (within the meaning of section 1034) for
the lessee.
``(3) Reduction in basis.--The basis of property acquired
in a transaction to which this section applies shall be reduced
by the amount of credit allowed under subsection (a).
``(4) Election.--This section shall apply to any taxpayer
for the taxable year only if such taxpayer elects to have this
section so apply.
``(d) Carryover of Credit.--
``(1) Carryover period.--If the credit allowed to the
taxpayer under subsection (a) for any taxable year exceeds the
amount of the limitation imposed by subsection (b)(2) for such
taxable year (hereafter in this subsection referred to as the
`unused credit year'), such excess shall be a carryover to each
of the 5 succeeding taxable years.
``(2) Amount carried to each year.--
``(A) Entire amount carried to first year.--The
entire amount of the unused credit for an unused credit
year shall be carried to the earliest of the 5 taxable
years to which (by reason of paragraph (1)) such credit
may be carried.
``(B) Amount carried to other 4 years.--The amount
of unused credit for the unused credit year shall be
carried to each of the remaining 4 taxable years to the
extent that such unused credit may not be taken into
account for a prior taxable year because of the
limitation imposed by subsection (b)(2).
``(e) Termination.--This section shall not apply to any transaction
cost paid or incurred in taxable years beginning after December 31,
1999.''
(b) Clerical Amendment.--The table of sections for such subpart B
is amended by inserting after the item relating to section 30 the
following new item:
``Sec. 30A. Credit for transaction costs
on the transfer of land subject
to certain ground rents.''
(c) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred in taxable years beginning after
December 31, 1994.
|
Amends the Internal Revenue Code to require qualified non-redeemable ground rents to be treated as interest on an indebtedness secured by a mortgage.
Allows a credit for the transaction costs relating to any sale or exchange of land subject to ground rents and meeting specified requirements.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for the tax treatment of residential ground rents, and for other purposes."}
| 1,635 | 65 | 0.563862 | 1.387894 | 0.443751 | 5.588235 | 28.294118 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hadiya Pendleton and Nyasia Pryear-
Yard Gun Trafficking and Crime Prevention Act of 2017''.
SEC. 2. FIREARMS TRAFFICKING.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Trafficking in firearms
``(a) Offenses.--It shall be unlawful for any person, regardless of
whether anything of value is exchanged--
``(1) to ship, transport, transfer, or otherwise dispose to
a person, 2 or more firearms in or affecting interstate or
foreign commerce, if the transferor knows or has reasonable
cause to believe that such shipping, transportation, transfer,
or disposition of the firearm would be in violation of, or
would result in a violation of any Federal, State, or local law
punishable by a term of imprisonment exceeding 1 year;
``(2) to receive from a person, 2 or more firearms in or
affecting interstate or foreign commerce, if the recipient
knows or has reasonable cause to believe that such receipt
would be in violation of, or would result in a violation of any
Federal, State, or local law punishable by a term of
imprisonment exceeding 1 year;
``(3) to make a statement to a licensed importer, licensed
manufacturer, or licensed dealer relating to the purchase,
receipt, or acquisition from a licensed importer, licensed
manufacturer, or licensed dealer of 2 or more firearms that
have moved in or affected interstate or foreign commerce that--
``(A) is material to--
``(i) the identity of the actual buyer of
the firearms; or
``(ii) the intended trafficking of the
firearms; and
``(B) the person knows or has reasonable cause to
believe is false; or
``(4) to direct, promote, or facilitate conduct specified
in paragraph (1), (2), or (3).
``(b) Penalties.--
``(1) In general.--Any person who violates, or conspires to
violate, subsection (a) shall be fined under this title,
imprisoned for not more than 20 years, or both.
``(2) Organizer enhancement.--If a violation of subsection
(a) is committed by a person in concert with 5 or more other
persons with respect to whom such person occupies a position of
organizer, a supervisory position, or any other position of
management, such person may be sentenced to an additional term
of imprisonment of not more than 5 consecutive years.
``(c) Definitions.--In this section--
``(1) the term `actual buyer' means the individual for whom
a firearm is being purchased, received, or acquired; and
``(2) the term `term of imprisonment exceeding 1 year' does
not include any offense classified by the applicable
jurisdiction as a misdemeanor and punishable by a term of
imprisonment of 2 years or less.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by adding at the
end the following:
``932. Trafficking in firearms.''.
(c) Directive to the Sentencing Commission.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall review and, if appropriate, amend
the Federal sentencing guidelines and policy statements
applicable to persons convicted of offenses under section 932
of title 18, United States Code (as added by subsection (a)).
(2) Requirements.--In carrying out this section, the
Commission shall--
(A) review the penalty structure that the
guidelines currently provide based on the number of
firearms involved in the offense and determine whether
any changes to that penalty structure are appropriate
in order to reflect the intent of Congress that such
penalties reflect the gravity of the offense; and
(B) review and amend, if appropriate, the
guidelines and policy statements to reflect the intent
of Congress that guideline penalties for violations of
section 932 of title 18, United States Code, and
similar offenses be increased substantially when
committed by a person who is a member of a gang,
cartel, organized crime ring, or other such enterprise
or in concert with another person who is a member of a
gang, cartel, organized crime ring, or other such
enterprise.
|
Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2017 This bill amends the federal criminal code to make trafficking in firearms a stand-alone criminal offense. A person who commits or conspires to commit a gun trafficking offense is subject to criminal penalties—a prison term of up to 20 years (or up to 25 years, if the person also acted as an organizer), a fine, or both. The U.S. Sentencing Commission must review and, if appropriate, amend the sentencing guidelines and policy statements that apply to persons convicted of trafficking in firearms.
|
{"src": "billsum_train", "title": "Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2017"}
| 999 | 154 | 0.453739 | 1.371339 | 0.670827 | 2.6 | 8.427273 | 0.763636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
|
Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths.
|
{"src": "billsum_train", "title": "Jackie Robinson Commemorative Coin Act"}
| 2,191 | 87 | 0.57958 | 1.42914 | 0.696042 | 3.8125 | 25.025 | 0.8375 |
SECTION 1. MEDICARE TREATMENT FOR CERTAIN CANCER HOSPITALS.
(a) In General.--Section 1886(d)(1)(B) of the Social Security Act
(42 U.S.C. 1395ww(d)(1)(B)) is amended--
(1) by striking ``or'' at the end of clause (iv);
(2) by striking the semicolon at the end of clause (v) and
inserting ``, or''; and
(3) by inserting after clause (v) the following new clause:
``(vi) a hospital that--
``(I) is located in a State which ranks (according
to the National Cancer Institute's statistics published
in May 2005 for 2001 and 2002) first among all States
in the incidence of prostate cancer, third in the
incidence rate for non-Hodgkins lymphoma, fourth in the
incidence rates for thyroid cancer and ovarian cancer,
and third in the highest death rates from uterine
cancer and breast cancer;
``(II) is located in a State that, as of December
31, 2005, had only one center under section 414 of the
Public Health Service Act that has been designated by
the National Cancer Institute as a comprehensive center
currently serving all 21 counties in the most densely
populated State in the nation, serving more than 70,000
patient visits annually;
``(III) as of December 31, 2005, served as the
teaching and clinical care, research and training
hospital for the Center described in subclause (II),
providing significant financial and operational support
to such Center;
``(IV) as of December 31, 2005, served as a core
and essential element in such Center which conducts
more than 130 clinical trial activities, national
cooperative group studies, investigator-initiated and
peer review studies and received during 2003 at least
$80,000,000 in research grant awards;
``(V) as of December 31, 2005, can demonstrate that
it has been a unique and an integral component of such
Center since such Center's inception;
``(VI) as of December 31, 2005, includes dedicated
patient care units organized primarily for the
treatment of and research on cancer with approximately
125 beds, 75 percent of which are dedicated to cancer
patients, and contains a radiation oncology department
as well as specialized emergency services for oncology
patients;
``(VII) as of December 31, 2003, is identified as
the focus of the Center's inpatient activities in the
Center's application as an NCI-designated comprehensive
cancer center and shares the NCI comprehensive cancer
designation with the Center; and
``(VIII) as of December 31, 2005, has been
recognized with a certificate of approval by the
American College of Surgeons Commission on Cancer;''.
(b) Conforming Amendment.--Section 1886(d)(3)(E) of such Act (42
U.S.C. 1395ww(d)(3)(E)) is amended by striking ``clause (v)'' and
inserting ``clauses (v) and (vi)''.
(c) Payment.--
(1) Application to cost reporting periods.--Any
classification by reason of section 1886(d)(1)(B)(vi) of the
Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(vi)) (as added
by subsection (a)) shall apply to all cost reporting periods
beginning on or after January 1, 2005.
(2) Base target amount.--Notwithstanding section
1886(b)(3)(E) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(E), in the case of a hospital described in section
1886(d)(1)(B)(vi) of the Social Security Act, as added by
subsection (a), such hospital shall be permitted to resubmit
the 2005 Medicare 2552 cost report incorporating a cancer
hospital sub-provider number, and apply the Medicare ratio-of-
cost-to-charge settlement methodology for outpatient cancer
services. In the case of such hospital the PPS cancer exemption
under section 1886(b)(3)(E)(i) of such Act for the first cost
reporting period beginning on or after January 1, 2005, shall
be the allowable operating costs of inpatient hospital services
(referred to in subclause (I) of such section) for such first
cost reporting period.
(3) Deadline for payments.--Any payments owed to a hospital
as a result of this section for periods occurring before the
date of the enactment of this Act shall be made expeditiously,
but in no event later than 1 year after such date of enactment.
(d) Maintenance of Exemption.--Once admitted as a PPS cancer-exempt
hospital, a hospital described in section 1886(d)(1)(B)(vi) of the
Social Security Act shall retain that status as long as the Center
referred to in such section remains a comprehensive cancer center.
|
Amends title XVIII (Medicare) of the Social Security Act, with respect to inpatient hospital service payments to certain hospitals (subsection (d) hospitals) on the basis of prospective rates, to exclude certain cancer hospitals from the meaning of subsection (d) hospital.
|
{"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide special treatment of certain cancer hospitals under the Medicare Program."}
| 1,100 | 60 | 0.439253 | 1.179586 | 0.691409 | 1.980392 | 18.27451 | 0.843137 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smarter Approach to Nuclear
Expenditures Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Berlin Wall fell in 1989, the Soviet Union no
longer exists, and the Cold War is over. The nature of threats
to the national security and military interests of the United
States has changed. However, the United States continues to
maintain an excessively large and costly arsenal of nuclear
weapons and delivery systems that are a holdover from the Cold
War.
(2) The current nuclear arsenal of the United States
includes approximately 4,000 total nuclear warheads in its
military stockpile, of which approximately 1,750 are deployed
with five delivery components: land-based intercontinental
ballistic missiles, submarine-launched ballistic missiles,
long-range strategic bomber aircraft armed with nuclear gravity
bombs, long-range strategic bomber aircraft armed with nuclear-
armed air-launched cruise missiles, and short-range fighter
aircraft that can deliver nuclear gravity bombs. The strategic
bomber fleet of the United States comprises 89 B-52 and 20 B-2
aircraft, of which 60 are believed to contribute to the nuclear
mission. The United States maintains approximately 400
intercontinental ballistic missiles. The United States also
maintains 14 Ohio-class submarines, up to 12 of which are
deployed at sea. Each of those submarines is armed with
approximately 80 independently targetable nuclear warheads.
(3) The maintenance of this force comes at significant
cost. Between fiscal years 2017 and 2026, the United States
will spend approximately $400,000,000 to maintain and
recapitalize its nuclear force, according to a February 2017
report from the Congressional Budget Office. Over 30 years,
spending on nuclear forces could exceed $1,000,000,000,000.
(4) Numerous United States Government officials have warned
of the affordability problem posed by the current nuclear
weapons sustainment plans, cautioning that those plans cannot
be executed in the absence of significant long-term increases
to defense spending or cuts to other military priorities. For
example, Brian McKeon, former Principal Deputy Under Secretary
of Defense stated in October 2015, ``We're looking at that big
bow wave [in nuclear weapons spending] and wondering how the
heck we're going to pay for it, and probably thanking our lucky
stars we won't be here to answer the question.''.
(5) An April 2017 Government Accountability Office report
found that there is a significant mismatch between the 25-year
plan of the Department of Energy to refurbish the Nation's
nuclear warheads and supporting infrastructure, and the
Department's budget estimates. The report also found that key
warhead life extension programs are likely underfunded.
(6) According to the Congressional Budget Office's 2017
long-term budget outlook report, discretionary spending,
including national defense spending, is likely to continue to
be constrained even after the expiration of sequestration under
part C of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900 et seq.), as amended by the Budget
Control Act of 2011 (Public Law 112-25; 125 Stat. 240), as a
result of an aging population, rising health care costs, and
the rising interest on the national debt.
(7) A substantial decrease in spending on the nuclear
arsenal of the United States is prudent for both the budget and
national security. The current plans to sustain the United
States nuclear arsenal assume that the United States will
maintain a nuclear arsenal like the one it has now for decades
to come. However, the Department of Defense's June 2013 nuclear
policy guidance entitled, ``Report on Nuclear Employment
Strategy of the United States'' found that force levels under
the Treaty between the United States of America and the Russian
Federation on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms, signed on April 8, 2010, and
entered into force on February 5, 2011 (commonly known as the
``New START Treaty''), ``are more than adequate for what the
United States needs to fulfill its national security
objectives'' and can be reduced by up to one-third below levels
under the New START Treaty to 1,000 to 1,100 warheads.
(8) A December 2016 Congressional Budget Office report
showed that at least 10 percent of the projected costs of
nuclear forces over the next decade can be saved by trimming
back the current plans, while still maintaining a triad of
delivery systems. Even larger savings would accrue over the
subsequent decade.
(9) Even without additional reductions below the New START
Treaty limit of 1,550 deployed strategic warheads, the United
States can save tens of billions of dollars by deploying those
warheads more efficiently on delivery systems and by deferring
production of new delivery systems until they are needed.
(10) As it undertakes its Nuclear Posture Review in 2017,
President Donald Trump must seriously examine options to
reshape and rescale the plans and adequately fund a smaller
number of projects that would still leave the United States
with a capable and credible deterrent.
SEC. 3. REDUCTIONS IN NUCLEAR FORCES.
(a) Reduction of Nuclear-Armed Submarines.--Notwithstanding any
other provision of law, none of the funds authorized to be appropriated
or otherwise made available for fiscal year 2017 or any fiscal year
thereafter for the Department of Defense may be obligated or expended
for procuring more than eight Columbia-class submarines.
(b) Reduction of Intercontinental Ballistic Missiles.--
Notwithstanding section 1667 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) or any other provision of
law, none of the funds authorized to be appropriated or otherwise made
available for fiscal year 2017 or any fiscal year thereafter for the
Department of Defense may be obligated or expended to maintain more
than 150 deployed intercontinental ballistic missiles.
(c) Reduction of Deployed Strategic Warheads.--Notwithstanding any
other provision of law, none of the funds authorized to be appropriated
or otherwise made available for fiscal year 2017 or any fiscal year
thereafter for the Department of Defense or the Department of Energy
may be obligated or expended to maintain more than 1,000 deployed
strategic warheads, as counted under the New START Treaty (as defined
in section 495(e) of title 10, United States Code).
(d) Prohibition on New Long-Range Penetrating Bomber Aircraft.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for any of
fiscal years 2017 through 2024 for the Department of Defense may be
obligated or expended for the research, development, test, and
evaluation or the procurement of the B-21 long-range penetrating bomber
aircraft.
(e) Prohibition on F-35 Nuclear Mission.--Notwithstanding any other
provision of law, none of the funds authorized to be appropriated or
otherwise made available for fiscal year 2017 or any fiscal year
thereafter for the Department of Defense or the Department of Energy
may be used to make the F-35 Joint Strike Fighter aircraft capable of
carrying nuclear weapons.
(f) Reduction in the B61 Life Extension Program.--Notwithstanding
any other provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2017 or any
fiscal year thereafter for the Department of Defense or the Department
of Energy may obligated or expended for extending the life of tactical
versions of the B61 gravity bomb.
(g) Prohibition on New Air-Launched Cruise Missile.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for fiscal
year 2017 or any fiscal year thereafter for the Department of Defense
or the Department of Energy may be obligated or expended for the
research, development, test, and evaluation or the procurement of a new
air-launched cruise missile or for the W80 warhead life extension
program.
(h) Prohibition on New Intercontinental Ballistic Missile.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for fiscal
year 2017 or any fiscal year thereafter for the Department of Defense
may be obligated or expended for the research, development, test, and
evaluation or the procurement of the ground-based strategic deterrent
or any new intercontinental ballistic missile.
(i) Termination of IW-1 Life Extension Program.--Notwithstanding
any other provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2017 or any
fiscal year thereafter for the Department of Defense or the Department
of Energy may be obligated or expended for the IW-1 life extension
program.
(j) Termination of Mixed Oxide Fuel Fabrication Facility Project.--
Notwithstanding section 3116 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) or any other provision of
law, none of the funds authorized to be appropriated or otherwise made
available for fiscal year 2017 or any fiscal year thereafter for the
Department of Defense or the Department of Energy may be obligated or
expended for the Mixed Oxide Fuel Fabrication Facility project at the
Savannah River Site, Aiken, South Carolina.
(k) Termination of Uranium Processing Facility.--Notwithstanding
any other provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2017 or any
fiscal year thereafter for the Department of Defense or the Department
of Energy may be obligated or expended for the Uranium Processing
Facility located at the Y-12 National Security Complex, Oak Ridge,
Tennessee.
SEC. 4. REPORTS REQUIRED.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Energy shall jointly submit to the appropriate committees of Congress a
report outlining the plan of each Secretary to carry out section 3.
(b) Annual Report.--Not later than March 1, 2018, and annually
thereafter, the Secretary of Defense and the Secretary of Energy shall
jointly submit to the appropriate committees of Congress a report
outlining the plan of each Secretary to carry out section 3, including
any updates to previously submitted reports.
(c) Annual Nuclear Weapons Accounting.--Not later than September
30, 2017, and annually thereafter, the President shall transmit to the
appropriate committees of Congress a report containing a comprehensive
accounting by the Director of the Office of Management and Budget of
the amounts obligated and expended by the Federal Government for each
nuclear weapon and related nuclear program during--
(1) the fiscal year covered by the report; and
(2) the life cycle of such weapon or program.
(d) Cost Estimate Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense and the
Secretary of Energy shall jointly submit to the appropriate committees
of Congress a report outlining the estimated cost savings that result
from carrying out section 3.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, the Committee
on Energy and Commerce, and the Committee on Natural Resources
of the House of Representatives.
|
Smarter Approach to Nuclear Expenditures Act This bill prohibits the obligation or expenditure of Department of Defense (DOD) funds: (1) for procuring more than eight Columbia-class submarines; (2) to maintain more than 150 deployed intercontinental ballistic missiles; or (3) through FY2024, for the research, development, test, and evaluation (RDT&E) or the procurement of the B-21 long-range penetrating bomber aircraft. The bill prohibits the obligation or expenditure of DOD or Department of Energy (DOE) funds: to maintain more than 1,000 deployed strategic warheads, as counted under the New START Treaty; to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons; for extending the life of tactical versions of the B61 gravity bomb; for the RDT&E or procurement of a new air-launched cruise missile or for the W80 warhead life extension program; for the RDT&E or procurement of the ground-based strategic deterrent or any new intercontinental ballistic missile; for the IW-1 life extension program; for the Mixed Oxide Fuel Fabrication Facility project at the Savannah River Site, Aiken, South Carolina; or for the Uranium Processing Facility located at the Y-12 National Security Complex, Oak Ridge, Tennessee. DOD and DOE must report to Congress on the plans for, and the estimated cost savings from, carrying out this bill.
|
{"src": "billsum_train", "title": "Smarter Approach to Nuclear Expenditures Act"}
| 2,486 | 318 | 0.483973 | 1.623818 | 0.8236 | 5.293893 | 8.729008 | 0.896947 |
SECTION 1. NOTICE BY THE SECRETARY.
The Secretary of Transportation may not make a loan or loans to any
entity in excess of $1,000,000,000 in the aggregate over a 5 year
period unless the loan exceeding the $1,000,000,000 limit is approved
by Congress as provided in section 3 not later than 6 months after
notice is provided to Congress.
SEC. 2. PROCEDURE.
(a) Contents of Resolution.--For the purposes of this section, the
term ``joint resolution'' means only a joint resolution introduced
after the date on which Congress receives notice from the Secretary of
Transportation under section 2 the matter after the resolving clause of
which is as follows: ``The Congress approves the loan numbered _____ by
the Secretary of Transportation to (entity) in the amount of ______.''.
(b) Referral to Committee.--A resolution described in subsection
(a) introduced in the House of Representatives shall be referred to the
Committee on Transportation and Infrastructure of the House of
Representatives. A resolution described in subsection (a) introduced in
the Senate shall be referred to the Committee on Commerce, Science, and
Transportation of the Senate. Such a resolution may not be reported
before the 8th day after its introduction.
(c) Discharge of Committee.--If the committee to which is referred
a resolution described in subsection (a) has not reported such
resolution (or an identical resolution) at the end of 15 calendar days
after its introduction such resolution shall be placed on the
appropriate calendar of the House involved.
(d) Floor Consideration.--
(1) In general.--When the committee to which a resolution
is referred has reported, or has been deemed to be discharged
(under subsection (c)) from further consideration of, a
resolution described in subsection (a), it is at any time
thereafter in order (even though a previous motion to the same
effect has been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
resolution, and all points of order against the resolution (and
against consideration of the resolution) are waived. The motion
is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is
not subject to amendment, or to a motion to postpone, or to a
motion to proceed to the consideration of other business. A
motion to reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order. If a motion to proceed
to the consideration of the resolution is agreed to, the
resolution shall remain the unfinished business of the
respective House until disposed of.
(2) Debate.--Debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally
between those favoring and those opposing the resolution. A
motion further to limit debate is in order and not debatable.
An amendment to, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a motion to
recommit the resolution is not in order. A motion to reconsider
the vote by which the resolution is agreed to or disagreed to
is not in order.
(3) Vote on final passage.--Immediately following the
conclusion of the debate on a resolution described in
subsection (a), and a single quorum call at the conclusion of
the debate if requested in accordance with the rules of the
appropriate House, the vote on final passage of the resolution
shall occur.
(4) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate or the House of Representatives, as the case may
be, to the procedure relating to a resolution described in
subsection (a) shall be decided without debate.
(e) Coordination With Action by Other House.--If, before the
passage by one House of a resolution of that House described in
subsection (a), that House receives from the other House a resolution
described in subsection (a), then the following procedures shall apply:
(1) The resolution of the other House shall not be referred
to a committee.
(2) With respect to a resolution described in subsection
(a) of the House receiving the resolution--
(A) the procedure in that House shall be the same
as if no resolution had been received from the other
House; but
(B) the vote on final passage shall be on the
resolution of the other House.
(f) Rules of House of Representatives and Senate.--This section is
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution described in subsection
(a), and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect January 1, 2007.
|
Prohibits the Secretary from making a loan or loans to any entity in excess of $1 billion in the aggregate over a five-year period unless the loan exceeding the limit is approved by joint resolution no later than six months after notice is provided to Congress.
|
{"src": "billsum_train", "title": "A bill to require congressional approval of loans made by the Secretary of Transportation in excess of $1,000,000,000."}
| 1,157 | 56 | 0.498079 | 1.205001 | 0.841751 | 3.76 | 22.36 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Torture Victims Relief
Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The American people abhor torture and the use of
atrocities by repressive governments. The existence of torture
creates a climate of fear and international insecurity that
affects all people.
(2) Torture is the strategic use of pain to destroy both
individuals and society. The effects of torture are long term.
Those effects can last a lifetime for the survivors and affect
future generations.
(3) By eliminating leadership of their opposition and
frightening the general public, repressive governments use
torture as a weapon against democracy.
(4) Torture victims remain under physical and psychological
threats, especially in communities where the perpetrators are
not brought to justice. In many nations, even those who treat
torture victims are threatened with reprisals, including
torture, for carrying out their ethical duties to provide care.
Both the survivors of torture and their treatment providers
deserve, and often require, protection from further repression.
(5) A significant number of refugees and asylees entering
the United States have been victims of governmental torture.
Those claiming asylum deserve prompt consideration of the
applications for political asylum to minimize their insecurity
and sense of danger. Many torture survivors now live in the
United States. They should be provided with the rehabilitation
services which would enable them to become productive members
of our communities.
(6) Building democratic cultures requires not only legal
and political institution-building, but also addressing the
physical, psychological, and spiritual damage of repression, in
order to foster a climate and opportunity of healing for the
victims and for society.
(7) The development of a treatment movement for torture
survivors has created new opportunities for action by the
United States and other nations to oppose state-sponsored acts
of torture.
(8) There is a need for a comprehensive strategy to protect
and support torture victims and their treatment providers as
part of the overall objective of eliminating torture.
(9) By acting to heal the survivors of torture and protect
their families, the United States can move to defeat the
actions of torturers.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Asylee.--The term ``asylee'' is used within the meaning
of section 208 of the Immigration and Nationality Act.
(2) Refugee.--The term ``refugee'' has the same meaning
given to the term in section 101(a)(42) of the Immigration and
Nationality Act.
(3) Special Inquiry Officer.--The term ``special inquiry
officer'' is used within the meaning of the Immigration and
Nationality Act.
(4) Torture.--The term ``torture'' has the same meaning
given to the term in section 2340(1) of title 18, United States
Code, and includes the use of rape by a person acting under the
color of law upon another person under his custody or physical
control.
SEC. 4. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS.
(a) In General.--Any alien--
(1) who presents a credible claim of having been subjected
to torture in his or her country of nationality, or, in the
case of an alien having no nationality, the country in which
the alien last habitually resided, and
(2) who applies for--
(A) refugee status under section 207 of the
Immigration and Nationality Act,
(B) asylum under section 208 of that Act, or
(C) withholding of deportation under section 243(h)
of that Act,
shall be processed in accordance with this section.
(b) Consideration of the Effects of Torture.--In considering
applications for refugee status, asylum, or withholding of deportation
made by aliens described in subsection (a), the appropriate officials
shall take into account--
(1) the manner in which the effects of torture can affect
the applicant's responses in the application and in the
interview process or other immigration proceedings, as the case
may be;
(2) the difficulties torture victims often have in
recounting their suffering under torture; and
(3) the fear victims have of returning to their country of
nationality where, even if torture is no longer practiced or
the incidence of torture is reduced, their torturers may have
gone unpunished and may remain in positions of authority.
(c) Expedited Processing of Refugee Admissions.--For purposes of
section 207(c) of the Immigration and Nationality Act, a refugee who
presents a credible claim of having been subjected to torture shall be
considered to be a refugee of special humanitarian concern to the
United States and shall be accorded priority in selection from the
waiting list of such refugees based on compelling humanitarian
concerns.
(d) Expedited Processing for Asylum and Withholding of
Deportation.--Upon the request of the alien, the alien's counsel, or a
health care professional treating the alien, an asylum officer or
special inquiry officer may expedite the scheduling of an asylum
interview or an exclusion or deportation proceeding for an alien
described in subsection (a), if such officer determines that an undue
delay in making a determination regarding asylum or withholding of
deportation with respect to the alien would aggravate the physical or
psychological effects of torture upon the alien.
(e) Parole In Lieu of Detention.--Any alien described in subsection
(a) who, upon inspection at a port of entry of the United States, is
found to suffer from the effects of torture, such as depressive and
anxiety disorders, shall, in lieu of detention, be granted parole under
section 212(d)(5) of the Immigration and Nationality Act.
(f) Sense of Congress.--It is the sense of Congress that the
Attorney General shall allocate resources sufficient to maintain in the
Resource Information Center of the Immigration and Naturalization
Service information relating to the use of torture in foreign
countries.
SEC. 5. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM
PERSONNEL.
(a) In General.--The Attorney General shall provide training for
immigration inspectors and examiners, immigration officers, asylum
officers, special inquiry officers, and all other relevant officials of
the Department of Justice, and the Secretary of State shall provide
training for consular officers, with respect to--
(1) the identification of the evidence of torture;
(2) the identification of the surrounding circumstances in
which torture is practiced;
(3) the long-term effects of torture upon the individual;
(4) the identification of the physical, cognitive, and
emotional effects of torture, including depressive and anxiety
disorders, and the manner in which these effects can affect the
interview or hearing process; and
(5) the manner of interviewing victims of torture so as not
to retraumatize them, eliciting the necessary information to
document the torture experience, and understanding the
difficulties victims often have in recounting their torture
experience.
(b) Gender-Related Considerations.--In conducting training under
subsection (a)(4) or subsection (a)(5), gender specific training shall
be provided on the subject of interacting with women and men who are
victims of torture by rape or any other form of sexual violence.
SEC. 6. STUDY AND REPORT ON TORTURE VICTIMS IN THE UNITED STATES.
(a) Study.--The Center for Disease Control shall conduct a study
with respect to refugees and asylees admitted to the United States
since October 1, 1987, who were tortured abroad, for the purpose of
identifying--
(1) the estimated number and geographic distribution of
such persons;
(2) the needs of such persons for recovery services; and
(3) the availability of such services.
(b) Report.--Not later than December 31, 1997, the Center for
Disease Control shall submit a report to the Judiciary Committees of
the House of Representatives and the Senate setting forth the findings
of the study conducted under subsection (a), together with any
recommendation for increasing the services available to persons
described in subsection (a), including any recommendation for
legislation, if necessary.
SEC. 7. DOMESTIC TREATMENT CENTERS.
(a) Amendment of the Immigration and Nationality Act.--Section 412
of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by
adding at the end the following new subsection:
``(g) Assistance for Treatment of Torture Victims.--(1) The
Director is authorized to provide grants to eligible programs to cover
the cost of services described in paragraph (3) for aliens who entered
the United States since October 1, 1987.
``(2) Programs eligible for assistance under this subsection are
programs in the United States which are carrying out services described
in paragraph (3).
``(3) The services described in paragraph (1) are--
``(A) services for the rehabilitation of victims of
torture, including treatment of the physical and psychological
effects of torture;
``(B) social services for victims of torture; and
``(C) research and training for health care providers
outside of treatment centers for the purpose of enabling such
providers to provide the services described in subparagraph
(A).
``(4) For purposes of this subsection, the term `torture' has the
same meaning given to the term in section 3(4) of the Comprehensive
Torture Victims Relief Act.''.
(b) Authorization of Appropriations.--(1) Of amounts authorized to
be appropriated to carry out section 414 of the Immigration and
Nationality Act (8 U.S.C. 1524) for fiscal year 1995, there are
authorized to be appropriated $20,000,000 for that fiscal year to carry
out section 412(g) of that Act (relating to assistance for domestic
centers for the treatment of victims of torture).
(2) Amounts appropriated pursuant to this subsection are authorized
to remain available until expended.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1994.
SEC. 8. FOREIGN TREATMENT CENTERS.
(a) Amendments of the Foreign Assistance Act of 1961.--Part I of
the Foreign Assistance Act of 1961 is amended by adding at the end of
chapter 1 the following new section:
``Sec. 129. Assistance for Victims of Torture.--(a) The President
is authorized to provide assistance for the rehabilitation of victims
of torture.
``(b) Such assistance shall be provided in the form of grants to
treatment centers in foreign countries which are carrying out programs
specifically designed to treat victims of torture for the physical and
psychological effect of the torture.
``(c) Such assistance shall be available--
``(1) for direct services to victims of torture; and
``(2) to provide research and training to health care
providers outside of treatment centers for the purpose of
enabling such providers to provide the services described in
paragraph (1).
``(d) For purposes of this section, the term `torture' has the same
meaning given to such term in section 3(4) of the Comprehensive Torture
Victims Relief Act.''.
(b) Authorization of Appropriations.--(1) Of the total amount
authorized to be appropriated to carry out chapter 1 of part I of the
Foreign Assistance Act of 1961 for fiscal year 1995, there are
authorized to be appropriated to the President $20,000,000 to carry out
section 129 of that Act for that fiscal year.
(2) Amounts appropriated pursuant to this subsection are authorized
to remain available until expended.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1994.
SEC. 9. MULTILATERAL ASSISTANCE.
(a) Authorization of Appropriations.--Of the amounts authorized to
be appropriated to carry out section 301 of the Foreign Assistance Act
of 1961 (relating to international organizations and programs), there
are authorized to be appropriated to the United Nations Voluntary Fund
for Victims of Torture (in this section referred to as the ``Fund'')
the following amounts for the following fiscal years:
(1) For fiscal year 1995, $5,000,000.
(2) For fiscal year 1996, $6,000,000.
(3) For fiscal year 1997, $7,000,000.
(4) For fiscal year 1998, $8,000,000.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) are authorized to remain available until expended.
(c) Sense of Congress.--It is the sense of the Congress that the
President, acting through the United States Permanent Representative to
the United Nations, should--
(1) request the Fund--
(A) to find new ways to support and protect
treatment centers that are carrying out rehabilitative
services for victims of torture; and
(B) to encourage the development of new such
centers;
(2) use the voice and vote of the United States to support
the work of the Special Rapporteur on Torture and the Committee
Against Torture established under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; and
(3) use the voice and vote of the United States to
establish a country rapporteur or similar procedural mechanism
to investigate human rights violations in a country if either
the Special Rapporteur or the Committee Against Torture
indicates that a systematic practice of torture is prevalent in
that country.
S 2362 IS----2
|
Comprehensive Torture Victims Relief Act - Expedites refugee and asylum application procedures for torture victims.
Directs the Centers for Disease Control to study torture victims living in the United States in order to identify their estimated number and distribution and the availability of recovery services.
Amends the Immigration and Nationality Act to authorize appropriations for domestic treatment centers.
Amends the Foreign Assistance Act of 1961 to authorize appropriations for: (1) foreign treatment centers; and (2) assistance to the United Nations Voluntary Fund for Victims of Torture.
|
{"src": "billsum_train", "title": "Comprehensive Torture Victims Relief Act"}
| 2,904 | 116 | 0.440143 | 1.202863 | 0.586043 | 2.75 | 27.09 | 0.89 |
SECTION 1. RELIQUIDATION OF CERTAIN TOMATO SAUCE PREPARATION ENTERED
BETWEEN DECEMBER 28, 1990, AND FEBRUARY 9, 1991.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law and subject to the
provisions of subsection (b), the United States Customs Service shall,
not later than 90 days after the receipt of the request described in
subsection (b), liquidate or reliquidate each entry described in
subsection (d) containing any merchandise which, at the time of the
original liquidation, was classified under subheading 2002.10.00 of the
Harmonized Tariff Schedule of the United States (relating to tomatoes,
prepared or preserved) at the rate of duty that would have been
applicable to such merchandise if the merchandise had been liquidated
or reliquidated under subheading 2103.90.60 or 2103.90.90 of the
Harmonized Tariff Schedule of the United States, whichever is
applicable, on the date of entry.
(b) Requests.--Reliquidation may be made under subsection (a) with
respect to an entry described in subsection (d) only if a request
therefore is filed with the Customs Service within 90 days after the
date of enactment of this Act.
(c) Payment of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry under
subsection (a), including any interest provided for by law, shall be
paid not later than 90 days after the date of such liquidation or
reliquidation.
(d) Affected Entries.--The entries referred to in subsection (a)
are as follows:
Entry Number
Entry Date
24601-237-0044368-4................ 12/28/90
24601-237-0044367-6................ 12/28/90
24601-237-0044369-2................ 12/29/90
24601-237-0044370-0................ 12/29/90
24601-237-0044371-8................ 12/29/90
24601-237-0044372-6................ 12/29/90
24601-237-0044373-4................ 12/29/90
24601-237-0044374-2................ 12/29/90
24601-237-0044375-9................ 12/29/90
24601-237-0044366-8................ 12/29/90
24601-237-0044411-2................ 01/03/91
24601-237-0044412-0................ 01/03/91
24601-237-0044414-6................ 01/03/91
24601-237-0044415-3................ 01/03/91
24601-237-0044416-1................ 01/03/91
24601-237-0044417-9................ 01/03/91
24601-237-0044413-8................ 01/03/91
24601-237-0044410-4................ 01/03/91
72704-442-1173199-5................ 01/15/91
24601-237-0044513-5................ 01/18/91
24601-237-0044512-7................ 01/18/91
24601-237-0044514-3................ 01/19/91
24601-237-0044515-0................ 01/19/91
24601-237-0044518-4................ 01/19/91
24601-237-0044519-2................ 01/19/91
24601-237-0044524-2................ 01/19/91
24601-237-0044533-3................ 01/19/91
24601-237-0044523-4................ 01/19/91
24601-237-0044522-6................ 01/19/91
24601-237-0044516-8................ 01/19/91
24601-237-0044520-0................ 01/19/91
24601-237-0044521-8................ 01/19/91
24601-237-0044517-6................ 01/19/91
24601-237-0044525-9................ 01/19/91
24601-237-0044564-8................ 02/01/91
24601-237-0044665-3................ 02/08/91
24601-237-0044672-9................ 02/08/91
24601-237-0044673-7................ 02/08/91
24601-237-0044674-5................ 02/08/91
24601-237-0044677-8................ 02/08/91
24601-237-0044660-4................ 02/08/91
24601-237-0044682-8................ 02/08/91
24601-237-0044669-5................ 02/09/91
24601-237-0044676-0................ 02/09/91
24601-237-0044678-6................ 02/09/91
24601-237-0044681-0................ 02/09/91
24601-237-0044683-6................ 02/09/91
24601-237-0044668-7................ 02/09/91
24601-237-0044680-2................ 02/09/91
|
Directs the Customs Service to liquidate or reliquidate certain entries of tomato sauce preparation and to refund any amounts owed.
|
{"src": "billsum_train", "title": "A bill to reliquidate certain entires of tomato sauce preparation."}
| 1,115 | 29 | 0.48624 | 1.42308 | 0.147994 | 1.857143 | 41 | 0.904762 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Middle Class Tax
Cut Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; etc.
TITLE I--TEMPORARY EXTENSION OF TAX RELIEF
Sec. 101. Temporary extension of 2001 tax relief.
Sec. 102. Temporary extension of 2003 tax relief.
Sec. 103. Temporary extension of 2010 tax relief.
Sec. 104. Temporary extension of election to expense certain
depreciable business assets.
TITLE II--ALTERNATIVE MINIMUM TAX RELIEF
Sec. 201. Temporary extension of increased alternative minimum tax
exemption amount.
Sec. 202. Temporary extension of alternative minimum tax relief for
nonrefundable personal credits.
TITLE III--TREATMENT FOR PAYGO PURPOSES
Sec. 301. Treatment for PAYGO purposes.
TITLE I--TEMPORARY EXTENSION OF TAX RELIEF
SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF.
(a) Temporary Extension.--
(1) In general.--Section 901(a)(1) of the Economic Growth
and Tax Relief Reconciliation Act of 2001 is amended by
striking ``December 31, 2012'' and inserting ``December 31,
2013''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the
Economic Growth and Tax Relief Reconciliation Act of 2001.
(b) Application to Certain High-Income Taxpayers.--
(1) Income tax rates.--
(A) Treatment of 25- and 28-percent rate
brackets.--Paragraph (2) of section 1(i) is amended to
read as follows:
``(2) 25- and 28-percent rate brackets.--The tables under
subsections (a), (b), (c), (d), and (e) shall be applied--
``(A) by substituting `25%' for `28%' each place it
appears (before the application of subparagraph (B)),
and
``(B) by substituting `28%' for `31%' each place it
appears.''.
(B) 33-percent rate bracket.--Subsection (i) of
section 1 is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the
following new paragraph:
``(3) 33-percent rate bracket.--
``(A) In general.--In the case of taxable years
beginning after December 31, 2012--
``(i) the rate of tax under subsections
(a), (b), (c), and (d) on a taxpayer's taxable
income in the fourth rate bracket shall be 33
percent to the extent such income does not
exceed an amount equal to the excess of--
``(I) the applicable amount, over
``(II) the dollar amount at which
such bracket begins, and
``(ii) the 36 percent rate of tax under
such subsections shall apply only to the
taxpayer's taxable income in such bracket in
excess of the amount to which clause (i)
applies.
``(B) Applicable amount.--For purposes of this
paragraph, the term `applicable amount' means the
excess of--
``(i) the applicable threshold, over
``(ii) the sum of the following amounts in
effect for the taxable year:
``(I) the basic standard deduction
(within the meaning of section
63(c)(2)), and
``(II) the exemption amount (within
the meaning of section 151(d)(1)) (or,
in the case of subsection (a), 2 such
exemption amounts).
``(C) Applicable threshold.--For purposes of this
paragraph, the term `applicable threshold' means--
``(i) $250,000 in the case of subsection
(a),
``(ii) $225,000 in the case of subsection
(b),
``(iii) $200,000 in the case of subsections
(c), and
``(iv) \1/2\ the amount applicable under
clause (i) (after adjustment, if any, under
subparagraph (E)) in the case of subsection
(d).
``(D) Fourth rate bracket.--For purposes of this
paragraph, the term `fourth rate bracket' means the
bracket which would (determined without regard to this
paragraph) be the 36-percent rate bracket.
``(E) Inflation adjustment.--For purposes of this
paragraph, with respect to taxable years beginning in
calendar years after 2012, each of the dollar amounts
under clauses (i), (ii), and (iii) of subparagraph (C)
shall be adjusted in the same manner as under paragraph
(1)(C), except that subsection (f)(3)(B) shall be
applied by substituting `2008' for `1992'.''.
(2) Phaseout of personal exemptions and itemized
deductions.--
(A) Overall limitation on itemized deductions.--
Section 68 is amended--
(i) by striking ``the applicable amount''
the first place it appears in subsection (a)
and inserting ``the applicable threshold in
effect under section 1(i)(3)'',
(ii) by striking ``the applicable amount''
in subsection (a)(1) and inserting ``such
applicable threshold'',
(iii) by striking subsection (b) and
redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively,
and
(iv) by striking subsections (f) and (g).
(B) Phaseout of deductions for personal
exemptions.--
(i) In general.--Paragraph (3) of section
151(d) is amended--
(I) by striking ``the threshold
amount'' in subparagraphs (A) and (B)
and inserting ``the applicable
threshold in effect under section
1(i)(3)'',
(II) by striking subparagraph (C)
and redesignating subparagraph (D) as
subparagraph (C), and
(III) by striking subparagraphs (E)
and (F).
(ii) Conforming amendments.--Paragraph (4)
of section 151(d) is amended--
(I) by striking subparagraph (B),
(II) by redesignating clauses (i)
and (ii) of subparagraph (A) as
subparagraphs (A) and (B),
respectively, and by indenting such
subparagraphs (as so redesignated)
accordingly, and
(III) by striking all that precedes
``in a calendar year after 1989,'' and
inserting the following:
``(4) Inflation adjustment.--In the case of any taxable
year beginning''.
(c) Effective Date.--Except as otherwise provided, the amendments
made by this section shall apply to taxable years beginning after
December 31, 2012.
(d) Application of EGTRRA Sunset.--Each amendment made by
subsection (b) shall be subject to title IX of the Economic Growth and
Tax Relief Reconciliation Act of 2001 to the same extent and in the
same manner as if such amendment was included in title I of such Act.
SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF.
(a) Extension.--
(1) In general.--Section 303 of the Jobs and Growth Tax
Relief Reconciliation Act of 2003 is amended by striking
``December 31, 2012'' and inserting ``December 31, 2013''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the Jobs
and Growth Tax Relief Reconciliation Act of 2003.
(b) 20-Percent Capital Gains Rate for Certain High Income
Individuals.--
(1) In general.--Paragraph (1) of section 1(h) is amended
by striking subparagraph (C), by redesignating subparagraphs
(D) and (E) as subparagraphs (E) and (F) and by inserting after
subparagraph (B) the following new subparagraphs:
``(C) 15 percent of the lesser of--
``(i) so much of the adjusted net capital
gain (or, if less, taxable income) as exceeds
the amount on which a tax is determined under
subparagraph (B), or
``(ii) the excess (if any) of--
``(I) the amount of taxable income
which would (without regard to this
paragraph) be taxed at a rate below 36
percent, over
``(II) the sum of the amounts on
which a tax is determined under
subparagraphs (A) and (B),
``(D) 20 percent of the adjusted net capital gain
(or, if less, taxable income) in excess of the sum of
the amounts on which tax is determined under
subparagraphs (B) and (C),''.
(2) Minimum tax.--Paragraph (3) of section 55(b) is amended
by striking subparagraph (C), by redesignating subparagraph (D)
as subparagraph (E), and by inserting after subparagraph (B)
the following new subparagraphs:
``(C) 15 percent of the lesser of--
``(i) so much of the adjusted net capital
gain (or, if less, taxable excess) as exceeds
the amount on which tax is determined under
subparagraph (B), or
``(ii) the excess described in section
1(h)(1)(C)(ii), plus
``(D) 20 percent of the adjusted net capital gain
(or, if less, taxable excess) in excess of the sum of
the amounts on which tax is determined under
subparagraphs (B) and (C), plus''.
(c) Conforming Amendments.--
(1) The following provisions are each amended by striking
``15 percent'' and inserting ``20 percent'':
(A) Section 531.
(B) Section 541.
(C) Section 1445(e)(1).
(D) The second sentence of section 7518(g)(6)(A).
(E) Section 53511(f)(2) of title 46, United States
Code.
(2) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by
striking ``5 percent (0 percent in the case of taxable years
beginning after 2007)'' and inserting ``0 percent''.
(3) Section 1445(e)(6) is amended by striking ``15 percent
(20 percent in the case of taxable years beginning after
December 31, 2010)'' and inserting ``20 percent''.
(d) Effective Dates.--
(1) In general.--Except as otherwise provided, the
amendments made by subsections (b) and (c) shall apply to
taxable years beginning after December 31, 2012.
(2) Withholding.--The amendments made by paragraphs (1)(C)
and (3) of subsection (c) shall apply to amounts paid on or
after January 1, 2013.
(e) Application of JGTRRA Sunset.--Each amendment made by
subsections (b) and (c) shall be subject to section 303 of the Jobs and
Growth Tax Relief Reconciliation Act of 2003 to the same extent and in
the same manner as if such amendment was included in title III of such
Act.
SEC. 103. TEMPORARY EXTENSION OF 2010 TAX RELIEF.
(a) American Opportunity Tax Credit.--
(1) In general.--Section 25A(i) is amended by striking ``or
2012'' and inserting ``2012, or 2013''.
(2) Treatment of possessions.--Section 1004(c)(1) of
division B of the American Recovery and Reinvestment Tax Act of
2009 is amended by striking ``and 2012'' each place it appears
and inserting ``2012, and 2013''.
(b) Child Tax Credit.--Section 24(d)(4) is amended--
(1) by striking ``and 2012'' in the heading and inserting
``2012, and 2013'', and
(2) by striking ``or 2012'' and inserting ``2012, or
2013''.
(c) Earned Income Tax Credit.--Section 32(b)(3) is amended--
(1) by striking ``and 2012'' in the heading and inserting
``2012, and 2013'', and
(2) by striking ``or 2012'' and inserting ``2012, or
2013''.
(d) Temporary Extension of Rule Disregarding Refunds in the
Administration of Federal Programs and Federally Assisted Programs.--
Subsection (b) of section 6409 is amended by striking ``December 31,
2012'' and inserting ``December 31, 2013''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2012.
(2) Rule disregarding refunds in the administration of
certain programs.--The amendment made by subsection (d) shall
apply to amounts received after December 31, 2012.
SEC. 104. TEMPORARY EXTENSION OF ELECTION TO EXPENSE CERTAIN
DEPRECIABLE BUSINESS ASSETS.
(a) In General.--
(1) Dollar limitation.--Section 179(b)(1) is amended--
(A) by striking ``and'' at the end of subparagraph
(C),
(B) by redesignating subparagraph (D) as
subparagraph (E),
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) $250,000 in the case of taxable years
beginning in 2013, and'', and
(D) in subparagraph (E), as so redesignated, by
striking ``2012'' and inserting ``2013''.
(2) Reduction in limitation.--Section 179(b)(2) is
amended--
(A) by striking ``and'' at the end of subparagraph
(C),
(B) by redesignating subparagraph (D) as
subparagraph (E),
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) $800,000 in the case of taxable years
beginning in 2013, and'', and
(D) in subparagraph (E), as so redesignated, by
striking ``2012'' and inserting ``2013''.
(b) Computer Software.--Section 179(d)(1)(A)(ii) is amended by
striking ``2013'' and inserting ``2014''.
(c) Election.--Section 179(c)(2) is amended by striking ``2013''
and inserting ``2014''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
TITLE II--ALTERNATIVE MINIMUM TAX RELIEF
SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX
EXEMPTION AMOUNT.
(a) In General.--Paragraph (1) of section 55(d) is amended--
(1) by striking ``$72,450'' and all that follows through
``2011'' in subparagraph (A) and inserting ``$78,750 in the
case of taxable years beginning in 2012'', and
(2) by striking ``$47,450'' and all that follows through
``2011'' in subparagraph (B) and inserting ``$50,600 in the
case of taxable years beginning in 2012''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR
NONREFUNDABLE PERSONAL CREDITS.
(a) In General.--Paragraph (2) of section 26(a) is amended--
(1) by striking ``or 2011'' and inserting ``2011, or
2012'', and
(2) by striking ``2011'' in the heading thereof and
inserting ``2012''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
TITLE III--TREATMENT FOR PAYGO PURPOSES
SEC. 301. TREATMENT FOR PAYGO PURPOSES.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
|
Middle Class Tax Cut Act - Extends through 2013 for a taxpayer whose income is $200,000 or less ($250,000 for married couples filing a joint return): (1) the tax rate reductions and other tax benefits of the Economic Growth and Tax Relief Reconciliation Act of 2001, and (2) the reduction in the tax rate for dividend and capital gain income enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003. Increases income tax rates and phases-out personal exemptions and itemized deductions for certain high-income taxpayers.
Amends the Internal Revenue Code to extend through 2013: (1) the increased American Opportunity tax credit, (2) the increase in the refundable portion of the child tax credit, (3) the increased earned income tax credit percentage for three or more qualifying children, (4) the disregard of tax refunds in determining eligibility for federal and federally-assisted programs, and (5) the election to expense depreciable business assets.
Extends for one year: (1) the increased exemption amount for the alternative minimum tax (AMT), and (2) the offset against the AMT of certain nonrefundable personal tax credits.
Provides that the budgetary effects of this Act shall not be taken into account under the Statutory Pay-As-You-Go Act of 2010.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax relief to middle-class families."}
| 3,924 | 273 | 0.517919 | 1.403973 | 0.773019 | 2.715953 | 13.019455 | 0.817121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Methamphetamine Act of
2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Methamphetamine (meth) is an extremely dangerous and
highly addictive drug.
(2) Methamphetamine use contributes to the perpetration of
violent crimes, particularly burglary, child abuse, and crimes
of substantial cost and personal pain to the victims, including
identity theft.
(3) Methamphetamine labs produce hazardous conditions
because of their use of chemicals such as anhydrous ammonia,
ether, sulfuric acid, and other toxins which are volatile,
corrosive and poisonous. When these substances are illegally
disposed of in rivers, streams, and other dump areas,
explosions and serious environmental damage can and does
result.
(4) Since 2001, Federal funding was provided through the
Department of Justice COPS and Byrne Grant programs to address
methamphetamine enforcement and clean up. Since 2002, although
the methamphetamine problem has been growing and spreading
across the United States affecting more States each year,
funding has been cut each successive year, from $70,500,000 in
2002, to only $54,000,000 in 2004.
(5) As methamphetamine has impacted more States each year,
the dwindling Federal funds have been parsed into smaller
amounts. Each State deserves greater Federal support and a
permanent funding mechanism to combat the challenging problem
of methamphetamine abuse.
(6) Permanent Federal funding support for meth enforcement
and clean-up is critical to the efforts of State and local law
enforcement to reduce the use, manufacture, and sale of
methamphetamine, and thus, reduce the crime rate.
(7) It is necessary for the Federal Government to establish
a long-term commitment to combating methamphetamine use, sale,
and manufacture by creating a permanent funding mechanism to
assist States.
SEC. 3. COMBATING THE USE OF METHAMPHETAMINE.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART HH--COMBATING USE OF METHAMPHETAMINE
``SEC. 2991. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND
METHAMPHETAMINE MANUFACTURING, SALE, AND USE.
``(a) Purpose and Program Authority.--
``(1) Purpose.--It is the purpose of this part to assist
States--
``(A) to carry out programs to address the
manufacture, sale, and use of methamphetamine drugs;
and
``(B) to improve the ability of State and local
government institutions of to carry out such programs.
``(2) Grant authorization.--The Attorney General, through
the Bureau of Justice Assistance in the Office of Justice
Programs may make grants to States to address the manufacture,
sale, and use of methamphetamine to enhance public safety.
``(3) Grant projects to address methamphetamine manufacture
sale and use.--Grants made under subsection (a) may be used for
programs, projects, and other activities to--
``(A) arrest individuals violating laws related to
the use, manufacture, or sale of methamphetamine;
``(B) undertake methamphetamine clandestine lab
seizures and environmental clean up;
``(C) provide for community-based education,
awareness, and prevention;
``(D) provide child support and family services
related to assist users of methamphetamine and their
families;
``(E) facilitate intervention in methamphetamine
use;
``(F) facilitate treatment for methamphetamine
addiction;
``(G) provide Drug Court and Family Drug Court
services to address methamphetamine;
``(H) provide community policing to address the
problem of methamphetamine use;
``(I) support State and local health department and
environmental agency services deployed to address
methamphetamine;
``(J) prosecute violations of laws related to the
use, manufacture, or sale of methamphetamine; and
``(K) procure equipment, technology, or support
systems, or pay for resources, if the applicant for
such a grant demonstrates to the satisfaction of the
Attorney General that expenditures for such purposes
would result in the reduction in the use, sale, and
manufacture of methamphetamine.
``(b) Eligibility.--To be eligible to receive a grant under this
part, a State shall submit to the Attorney General assurances that the
State has implemented, or will implement prior to receipt of a grant
under this section laws, policies, and programs that restrict the
wholesale and limit sale of products used as precursors in the
manufacture of methamphetamine.
``SEC. 2992. APPLICATIONS.
``(a) In General.--No grant may be made under this part unless an
application has been submitted to, and approved by, the Attorney
General.
``(b) Application.--An application for a grant under this part
shall be submitted in such form, and contain such information, as the
Attorney General may prescribe by regulation or guidelines.
``(c) Contents.--In accordance with the regulations or guidelines
established by the Attorney General, each application for a grant under
this part shall--
``(1) include a long-term statewide strategy that--
``(A) reflects consultation with appropriate public
and private agencies, tribal governments, and community
groups;
``(B) represents an integrated approach to
addressing the use, manufacture, and sale of
methamphetamine that includes--
``(i) arrest and clandestine lab seizure;
``(ii) training for law enforcement, fire
and other relevant emergency services, health
care providers, and child and family service
providers;
``(iii) intervention;
``(iv) child and family services;
``(v) treatment;
``(vi) drug court;
``(vii) family drug court;
``(viii) health department support;
``(ix) environmental agency support;
``(x) prosecution; and
``(xi) evaluation of the effectiveness of
the program and description of the efficacy of
components of the program for the purpose of
establishing best practices that can be widely
replicated by other States; and
``(C) where appropriate, incorporate Indian Tribal
participation to the extent that an Indian Tribe is
impacted by the use, manufacture, or sale of
methamphetamine;
``(2) identify related governmental and community
initiatives which complement or will be coordinated with the
proposal;
``(3) certify that there has been appropriate coordination
with all affected State and local government institutions and
that the State has involved counties and other units of local
government, when appropriate, in the development, expansion,
modification, operation or improvement of programs to address
the use, manufacture, or sale of methamphetamine;
``(4) certify that the State will share funds received
under this part with counties and other units of local
government, taking into account the burden placed on these
units of government when they are required to address the use,
manufacture, or sale of methamphetamine;
``(5) assess the impact, if any, of the increase in police
resources on other components of the criminal justice system;
``(6) explain how the grant will be utilized to enhance
government response to the use, manufacture, and sale of
methamphetamine;
``(7) demonstrate a specific public safety need;
``(8) explain the applicant's inability to address the need
without Federal assistance;
``(9) specify plans for obtaining necessary support and
continuing the proposed program, project, or activity following
the conclusion of Federal support; and
``(10) certify that funds received under this part will be
used to supplement, not supplant, other Federal, State, and
local funds.
``SEC. 2993. PLANNING GRANTS.
``(a) Eligible Entity.--The Attorney General through the Bureau of
Justice Assistance in the Office of Justice Programs, may make grants
under this section to States, Indian tribal governments, and multi-
jurisdictional or regional consortia thereof to develop a
comprehensive, cooperative strategy to address the manufacture, sale,
and use of methamphetamine to enhance public safety.
``(b) Authorization.--The Attorney General is authorized to provide
grants under this section not exceeding $100,000 per eligible entity
for such entity to--
``(1) define the problem of the use, manufacture, or sale
of methamphetamine within the jurisdiction of the entity;
``(2) describe the public and private organization to be
involved in addressing methamphetamine use, manufacture, or
sale; and
``(3) describe the manner in which these organizations will
participate in a comprehensive, cooperative, and integrated
plan to address the use, manufacture, or sale of
methamphetamine.
``SEC. 2994. ENFORCEMENT GRANTS.
``Of the total amount appropriated for this part in any fiscal
year, the amount remaining after setting aside the amount to be
reserved to carry out section 2993 shall be allocated to States as
follows:
``(1) 0.25 percent or $250,000, whichever is greater, shall
be allocated to each of the States.
``(2) Of the total funds remaining after the allocation
under paragraph (1), there shall be allocated to each State an
amount which bears the same ratio to the amount of remaining
funds described in this paragraph as the population of such
State bears to the population of all the States.
``SEC. 2995. NATIONAL ACTIVITIES.
``The Attorney General is authorized--
``(1) to collect systematic data on the effectiveness of
the programs assisted under this part in reducing the use,
manufacture, and sale of methamphetamine;
``(2) to establish a national clearinghouse of information
on effective programs to address the use, manufacture, and sale
of methamphetamine that shall disseminate to State and local
agencies describing--
``(A) the results of research on efforts to reduce
the use, manufacture, and sale of methamphetamine; and
``(B) information on effective programs, best
practices and Federal resources to--
``(i) reduce the use, manufacture, and sale
of methamphetamine; and
``(ii) address the physical, social, and
family problems that result from the use of
methamphetamine through the activities of
intervention, treatment, drug courts, and
family drug courts;
``(3) to establish a program within the Department of
Justice to facilitate the sharing of knowledge in best
practices among States addressing the use, manufacture and sale
of methamphetamine through State-to-State mentoring, or other
means; and
``(4) to provide technical assistance to State agencies and
local agencies implementing programs and securing resources to
implement effective programs to reduce the use, manufacture,
and sale of methamphetamine.
``SEC. 2996. FUNDING.
``(a) Grants for the Purpose of Combating the Use of
Methamphetamine.--There are authorized to be appropriated to carry out
this part--
``(1) $100,000,000 for each fiscal year 2005 and 2006; and
``(2) $200,000,000 for each fiscal year 2007, 2008, and
2009.
``(b) National Activities.--For the purposes of section 2995, there
are authorized to be appropriated such sums as are necessary.''.
|
Combating Methamphetamine Act of 2004 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General, through the Bureau of Justice Assistance (BJA), to make grants to States to address the manufacture, sale, and use of methamphetamine (methamphetamine use) to enhance public safety. Lists eligible programs, projects, and activities, including: (1) arresting individuals violating methamphetamine laws; (2) undertaking clandestine methamphetamine lab seizures and environmental cleanup; (3) providing community-based education, awareness, and prevention; and (4) providing Drug Court and Family Drug Court services to address methamphetamine use. Sets forth grant application requirements.
Authorizes the Attorney General, through BJA, to make grants to States, Indian tribal governments, and multijurisdictional or regional consortia thereof to develop a comprehensive, cooperative strategy to address methamphetamine use to enhance public safety. Earmarks specified sums (according to a specified formula) to each State.
Authorizes the Attorney General to: (1) collect systematic data on the effectiveness of the programs assisted under this Act in reducing methamphetamine use; (2) establish a national clearinghouse of information on effective programs to address such use that shall disseminate to State and local agencies a description of the results of research on reduction efforts and information on effective programs, best practices, and Federal resources; (3) establish a program within the Department of Justice to facilitate the sharing of knowledge in best practices among States addressing such use; and (4) provide technical assistance to State and local agencies implementing effective programs to reduce methamphetamine use.
|
{"src": "billsum_train", "title": "A bill to combat methamphetamine abuse in the United States."}
| 2,595 | 375 | 0.61298 | 2.101467 | 0.665114 | 3.980198 | 7.785479 | 0.930693 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Rescissions Act of 2005''.
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 Ninth 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 2005 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose, at any time and in any manner provided in this Act, the rescission of any budget authority in an appropriation Act.
Prohibits funds made available for obligation under this procedure from being proposed for rescission again.
Sets forth requirements for: (1) the President's transmittal to Congress of a special message regarding a proposed rescission; and (2) expedited consideration of such proposal.
|
{"src": "billsum_train", "title": "To amend the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of certain proposed rescissions of budget authority."}
| 2,891 | 128 | 0.656874 | 1.751083 | 0.638138 | 3.14433 | 26.525773 | 0.896907 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cardiac Arrest Survival Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Each year more than 350,000 adults suffer cardiac
arrest, usually away from a hospital. More than 95 percent of
them will die, in many cases, because lifesaving defibrillators
arrive on the scene too late, if at all.
(2) These cardiac arrest deaths occur primarily from occult
underlying heart disease and from drownings, allergic or
sensitivity reactions, or electrical shocks.
(3) Survival from cardiac arrest requires successful early
implementation of a chain of events--the chain of survival
which begins when the person sustains a cardiac arrest and
continues until the person arrives at the hospital.
(4) A successful chain of survival requires the first
person on the scene to take rapid and simple initial steps to
care for the patient and to assure the patient promptly enters
the emergency medical services system.
(5) The first persons on the scene when an arrest occurs
are typically lay persons who are friends or family of the
victim, fire services, public safety personnel, basic life
support emergency medical services providers, teachers,
coaches, and supervisors of sports or other extracurricular
activities, providers of day care, schoolbus drivers,
lifeguards, attendants at public gatherings, coworkers, and
other leaders within the community.
(6) A coordinated Federal response is necessary to ensure
that appropriate and timely lifesaving interventions are
provided to persons sustaining nontraumatic cardiac arrest. The
Federal response should include, but not be limited to--
(A) significantly expanded research concerning the
efficacy of various methods of providing immediate out-
of-hospital lifesaving interventions to the
nontraumatic cardiac arrest patient;
(B) the development of research-based, nationally
uniform, easily learned and well retained model core
educational content concerning the use of such
lifesaving interventions by health care professionals,
allied health personnel, emergency medical services
personnel, public safety personnel, and other persons
who are likely to arrive immediately at the scene of a
sudden cardiac arrest;
(C) an identification of the legal, political,
financial, and other barriers to implementing these
lifesaving interventions; and
(D) the development of model State legislation to
reduce identified barriers and to enhance each State's
response to this significant problem.
SEC. 3. NATIONAL INSTITUTES OF HEALTH MODEL PROGRAM ON THE FIRST LINKS
IN THE CHAIN OF SURVIVAL.
Section 421 of the Public Health Service Act (42 U.S.C. 285b-3) is
amended by adding at the end the following subsection:
``(c) Programs under subsection (a)(1)(E) (relating to emergency
medical services and preventive, diagnostic, therapeutic, and
rehabilitative approaches) shall include programs for the following:
``(1) The development and dissemination, in coordination
with the emergency services guidelines promulgated under
section 402(a) of title 23, United States Code, by the
Associate Administrator for Traffic Safety Programs, Department
of Transportation, of a core content for a model State
training program applicable to cardiac arrest for inclusion in
appropriate current emergency medical services educational curricula
and training programs that address lifesaving interventions, including
cardiopulmonary resuscitation. The core content of such program--
``(A) may be used by health care professionals,
allied health personnel, emergency medical services
personnel, public safety personnel, and any other
persons who are likely to arrive immediately at the
scene of a sudden cardiac arrest (in this subsection
referred to as `cardiac arrest care providers') to
provide lifesaving interventions, including
cardiopulmonary resuscitation;
``(B) shall include age-specific criteria for the
use of particular techniques, which shall include
infants and children; and
``(C) shall be reevaluated as additional
interventions are shown to be effective.
``(2) The operation of a demonstration project to provide
training in such core content for cardiac arrest care
providers.
``(3) The definition and identification of cardiac arrest
care providers, by personal relationship, exposure to arrest or
trauma, occupation (including health professionals), or
otherwise, who could provide benefit to victims of out-of-
hospital arrest by comprehension of such core content.
``(4) The establishment of criteria for completion and
comprehension of such core content, including consideration of
inclusion in health and safety educational curricula.
``(5) The identification and development of equipment and
supplies that should be accessible to cardiac arrest care
providers to permit lifesaving interventions by preplacement of
such equipment in appropriate locations.
``(6) The development of model State legislation (or
Federal legislation applicable to Federal territories,
facilities, and employees) in cooperation with the Attorney
General, which model legislation shall be developed in
accordance with the following:
``(A) The purpose of the model legislation shall be
to ensure--
``(i) access to emergency medical services
through consideration of a requirement for
public placement of lifesaving equipment; and
``(ii) good samaritan immunity for cardiac
arrest care providers; those involved with the
instruction of the training programs; and
owners and managers of property where equipment
is placed.
``(B) In the development of the model legislation,
there shall be consideration of requirements for
training in the core content and use of lifesaving
equipment for State licensure or credentialing of
health professionals or other licensed occupations or
employment of other individuals who may be defined as
cardiac arrest care providers under paragraph (3).
``(7) The development of a national database for reporting
and collecting information relating to the incidence of cardiac
arrest, the circumstances surrounding such arrests, the rate of
survival, the effect of age, and whether interventions,
including cardiac arrest care provider interventions, or other
aspects of the chain of survival, improve the rate of survival.
``(8) The publication of a biennial public report
summarizing progress in improving care to the cardiac arrest
patient.''.
SEC. 4. COMMISSION ON CARDIAC ARREST SURVIVAL.
(a) Establishment.--There shall be established as an independent
agency within the executive branch a commission to be known as the
Commission on Cardiac Arrest Survival (in this section referred to as
the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 15
members appointed in accordance with paragraph (2), and the ex
offico members designated in paragraph (3).
(2) Appointing officials; expertise requirements.--
(A) Of the members appointed to the Commission
pursuant to paragraph (1)--
(i) five shall be appointed by the
President;
(ii) five shall be appointed by the
President Pro Tempore of the Senate, after
consultation with the Minority Leader of the
Senate; and
(iii) five shall be appointed by the
Speaker of the House of Representatives, after
consultation with the Minority Leader of the
House.
(B) The individuals appointed to the Commission
under subparagraph (A) shall collectively have
expertise and experience in the following areas:
Emergency medical care; pediatric emergency medicine;
cardiology; State and local emergency medical services;
delivery of State health services; public safety;
trauma; public buildings or governmental facilities
management; epidemiology; lifesaving equipment design
and manufacture; development of model State
legislation; human factors engineering; and
professional and public education. At least three of
the members shall be qualified by scientific training
and experience to evaluate the design or conduct of,
and data derived from, clinical and educational
research in the risks and benefits of resuscitative
modalities.
(3) Ex officio members.--The membership of the Commission
shall include ex officio members from the following agencies:
The National Institutes of Health, Department of Health and
Human Services; the Department of Education; the National
Highway Traffic Safety Administration, Department of
Transportation; the General Services Administration; the
Department of Defense; and the Department of Justice.
(c) Function of the Commission .--The Commission shall, in
consultation with the National Heart, Lung, and Blood Institute,
evaluate and provide recommendations on effective methods to increase
survival from cardiac arrest. Such recommendations may include
recommendations on implementation of this Act, further studies on
emergency medical systems or other modalities for early intervention in
the chain of survival, or further legislation to improve access to
cardiac arrest survival modalities.
(d) Reports and Recommendations.--Not later than 18 months after
the date of the enactment of this Act, or during the interim when the
Commission believes necessary, the Commission shall prepare and submit
to the President and to the Congress a final report.
(e) Administrative Powers of the Commission.--The Commission may
hold hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission considers
advisable to carry out the purpose of this section. The Commission may
secure directly from any Federal department or agency such information
as the Commission considers necessary to carry out the provisions of
this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this section.
|
Cardiac Arrest Survival Act - Amends the Public Health Service Act to require that certain permitted field studies, large-scale testing and evaluation, and demonstrations of the National Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources Program include: (1) the development and dissemination of a core content for a model State cardiac arrest training program for inclusion in emergency medical services educational curricula and training programs addressing lifesaving interventions; and (2) related matters.
Establishes as an independent executive branch agency the Commission on Cardiac Arrest Survival. Authorizes appropriations.
|
{"src": "billsum_train", "title": "Cardiac Arrest Survival Act"}
| 1,956 | 130 | 0.519139 | 1.495114 | 0.617089 | 3.11215 | 17.794393 | 0.813084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Pension Accountability
Act''.
SEC. 2. PROVISIONS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.
(a) In General.--Subchapter III of chapter 83 of title 5, United
States Code, is amended by inserting after section 8333 the following:
``Sec. 8333a. Expulsion from Congress
``(a) Noncreditability of Member Service.--If an individual is
expelled from Congress, all Member service previously performed by such
individual shall be noncreditable for purposes of determining
eligibility for or the amount of any annuity which might otherwise be
payable out of the Fund based on the service of such individual under
this subchapter.
``(b) Refund of Contributions and Deposits.--If an individual's
Member service becomes noncreditable by reason of subsection (a), that
portion of such individual's lump-sum credit which is attributable to
such Member service (less any amount previously refunded or paid as
annuity benefits) shall, on proper application, be payable to such
individual or, if deceased, to the appropriate person determined under
section 8342.
``(c) Amounts Properly Paid Not Affected.--An individual whose
Member service is made noncreditable by reason of subsection (a) is not
thereafter required to repay any part of an annuity under this
subchapter otherwise properly paid to such individual before the date
of the expulsion, if any.
``(d) Coordination Provision.--Nothing in this section shall be
considered to supersede or otherwise affect the application of
subchapter II.
``(e) Regulations.--The Office of Personnel Management shall
prescribe any regulations necessary to carry out the purposes of this
section.''.
(b) Clerical Amendment.--The analysis for chapter 83 of title 5,
United States Code, is amended by inserting after the item relating to
section 8333 the following:
``8333a. Expulsion from Congress.''.
SEC. 3. PROVISIONS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT
SYSTEM.
(a) In General.--Chapter 84 of title 5, United States Code, is
amended by inserting after section 8410 the following:
``Sec. 8410a. Expulsion from Congress
``(a) Noncreditability of Member Service.--If an individual is
expelled from Congress, all Member service previously performed by such
individual shall be noncreditable for purposes of determining
eligibility for or the amount of any annuity which might otherwise be
payable out of the Fund based on the service of such individual under
this chapter.
``(b) Refund of Contributions and Deposits.--If an individual's
Member service becomes noncreditable by reason of subsection (a), that
portion of such individual's lump-sum credit which is attributable to
such Member service (less any amount previously refunded or paid as
annuity benefits) shall, on proper application, be payable to such
individual or, if deceased, to the appropriate person determined under
section 8424.
``(c) Amounts Properly Paid Not Affected.--An individual whose
Member service is made noncreditable by reason of subsection (a) is not
thereafter required to repay any part of an annuity under this chapter
otherwise properly paid to such individual before the date of the
expulsion, if any.
``(d) Forfeiture of Government Contributions to Thrift Savings
Plan.--If an individual's Member service becomes noncreditable by
reason of subsection (a), all contributions made by the Government for
the benefit of that individual under section 8432(c) while that
individual was performing Member service, and all earnings attributable
to such contributions, shall be forfeited.
``(e) Coordination Provision.--Nothing in this section shall be
considered to supersede or otherwise affect the application of
subchapter II of chapter 83.
``(f) Definition.--For the purpose of this section, the term
`Member service' means, in the case of an individual subject to this
chapter, service performed by such individual as a Member (as defined
by section 8331 or 8401), including the period from the date of the
beginning of the term for which elected or appointed to the date on
which he takes office as such a Member.
``(g) Regulations.--The Office of Personnel Management shall
prescribe any regulations necessary to carry out the purposes of this
section, including provisions for the reduction or elimination of any
payment under section 8421 and any other similar payment under this
chapter supplemental to any annuity or survivor annuity reduced or
eliminated under subsection (a).''.
(b) Clerical Amendment.--The analysis for chapter 84 of title 5,
United States Code, is amended by inserting after the item relating to
section 8410 the following:
``8410a. Expulsion from Congress.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Section 8432(g)(1) of title 5, United States Code, is amended
by striking ``this subsection,'' and inserting ``this subsection or
section 8410a(d),''.
(b) Sections 8433(a) amd 8437(d) of title 5, United States Code,
are amended by inserting ``or 8410a(d)'' after ``8432(g)''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to any
expulsion which is based, in whole or in part, on any act committed or
conduct engaged in after the date of the enactment of this Act.
|
Congressional Pension Accountability Act - Provides that: (1) all service as a Member of Congress of an individual who is expelled from Congress shall be noncreditable for purposes of determining eligibility for, or the amount of, any annuity which might otherwise be payable out of the Civil Service Retirement and Disability Fund based on such service; (2) all Government contributions to the Thrift Savings Plan for that individual while that individual was performing Member service (and attributed earnings) shall be forfeited; and (3) the portion of such an individual's lump-sum credit which is attributable to such Member service (less any amount previously refunded or paid as annuity benefits) shall be payable to such individual or, if deceased, to the appropriate beneficiary or beneficiaries.
|
{"src": "billsum_train", "title": "To provide that, if an individual is expelled from Congress, any Member service previously rendered by that individual shall be noncreditable for purposes of determining eligibility for or the amount of any benefits which might otherwise be payable out of the Civil Service Retirement and Disability Fund based on the service of that individual, and for other purposes."}
| 1,310 | 164 | 0.654143 | 1.880028 | 0.780719 | 4.173611 | 7.527778 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asia-Pacific Maritime Security
Initiative Act of 2016''.
SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
In this Act, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
TITLE I--UNITED STATES POLICY ON ASIA-PACIFIC MARITIME SECURITY
SEC. 101. STATEMENT OF POLICY ON UNITED STATES INTERESTS IN THE ASIA-
PACIFIC MARITIME DOMAINS.
It is the policy of the United States that, as a longstanding Asia-
Pacific power, the United States has enduring national interests in the
Asia-Pacific region, including the South China Sea. These interests
include--
(1) the maintenance of peace and stability and the peaceful
settlement of disputes;
(2) rights, freedom, and lawful uses of the sea in the
waters and airspace in the Asia-Pacific maritime domains, which
are critical to the prosperity, stability, and security of the
Asia-Pacific region;
(3) the maintenance of United States alliances and security
partnerships in the region;
(4) unimpeded lawful and sustainable commerce, to include
the cessation of illegal, unreported, and unregulated fishing,
joint use and development of the South China Sea's underwater
and seabed resources, and support for the ecological
sustainment of the South China Sea; and
(5) respect for international law.
SEC. 102. STATEMENT OF POLICY ON CLAIMS THAT IMPINGE ON RIGHTS,
FREEDOMS, AND LAWFUL USE OF THE SEAS.
It is the policy of the United States--
(1) to not take a position on the competing territorial
claims to land features in the South China Sea;
(2) to oppose claims in the maritime domains that impinge
on the rights, freedoms, and lawful use of the seas that belong
to all nations;
(3) to uphold the principle that territorial and maritime
claims, including territorial seas, must be derived from land
features and otherwise comport with international law; and
(4)(A) to note that the decision by the International
Tribunal on the Law of the Sea in the case of ``The Republic of
Philippines v. The People's Republic of China'' is binding on
all parties involved in accordance with international law and
pursuant to the Philippines and the treaty obligations of the
People's Republic of China; and
(B) to call on the parties to abide by the ruling.
SEC. 103. STATEMENT OF POLICY ON OPPOSITION TO UNILATERAL ACTIONS TO
CHANGE THE STATUS QUO IN THE SOUTH CHINA SEA.
It is the policy of the United States--
(1) to oppose the unilateral actions by any claimant
seeking to change the status quo in the South China Sea through
the use of coercion, intimidation, or military force;
(2) to oppose provocative reclamation and island building
activities in the South China Sea, including the militarization
of any reclaimed features;
(3) to oppose actions by any country to prevent any other
country from exercising, consistent with international law, its
sovereign rights to the resources of the exclusive economic
zone (EEZ) and continental shelf by making claims to those
areas in the South China Sea that are inconsistent with
international law; and
(4) to oppose unilateral declarations of administrative and
military districts or fishing regulations in contested areas in
the South China Sea, which have raised tensions.
SEC. 104. STATEMENT OF POLICY AND SENSE OF CONGRESS ON THE COMMITMENT
AND SUPPORT OF THE UNITED STATES FOR ALLIES AND PARTNERS
IN THE ASIA-PACIFIC REGION.
(a) Statement of Policy.--It is the policy of the United States--
(1) to affirm its unwavering commitment and support for
allies and partners in the Asia-Pacific region;
(2) to reaffirm Article IV of the United States-Philippines
Mutual Defense Treaty which provides that ``each Party
recognizes that an armed attack on either Party in the Pacific
Area on either of the Parties would be dangerous to its own
peace and safety and declares that it would act to meet the
common dangers in accordance with its constitutional
processes''; and
(3) to affirm that Article V of the United States-Japan
Treaty of Mutual Cooperation and Security applies to the
Japanese-administered Senkaku Islands.
(b) Sense of Congress.--It is the sense of the Congress that the
United States should continue supporting the efforts to the Southeast
Asian nations to strengthen their maritime security capacity, domain
awareness, and integration of their capabilities.
SEC. 105. STATEMENT OF POLICY ON EFFORTS OF THE ASSOCIATION OF
SOUTHEAST ASIAN NATIONS AND THE PEOPLE'S REPUBLIC OF
CHINA TO DEVELOP AN EFFECTIVE CODE OF CONDUCT.
It is the policy of the United States--
(1) to support efforts by the Association of Southeast
Asian Nations (ASEAN) and the People's Republic of China to
develop an effective Code of Conduct;
(2) to encourage claimants not to undertake new or
unilateral attempts to change the status quo since the signing
of the 2002 Declaration of Conduct, including reclamation
activities, asserting provocative administrative measures or
controls in disputed areas in the South China Sea, or
inhabiting uninhabited land features; and
(3) to support efforts by claimants through ASEAN to seek a
peaceful settlement of disputes among themselves and with the
People's Republic of China.
SEC. 106. STATEMENT OF POLICY ON THE CONTINUITY OF OPERATIONS IN THE
ASIA-PACIFIC REGION.
It is the policy of the United States to assure the continuity of
operations in the Asia-Pacific region, including, when appropriate, in
cooperation with partners and allies, in order to reaffirm the rights,
freedoms, and lawful uses of the sea and airspace in accordance with
international law.
TITLE II--MARITIME CAPACITY BUILDING ASSISTANCE
SEC. 201. PRIORITIES FOR MARITIME CAPACITY BUILDING ASSISTANCE.
(a) Selection of Countries.--In selecting countries in the Asia-
Pacific region with respect to the provision of maritime capacity
building assistance, the Secretary of State may prioritize those
countries that will contribute to the achievement of following
objectives:
(1) Retaining unhindered lawful access to and use of
waterways in the Asia-Pacific region that are critical to
ensuring the security and free flow of commerce and achieving
United States national security objectives.
(2) Improving maritime domain awareness in the Asia-Pacific
region.
(3) Countering piracy in the Asia-Pacific region.
(4) Disrupting illicit maritime trafficking activities and
other forms of maritime trafficking activity in the Asia-
Pacific that directly benefit organizations that have been
determined to be a security threat to the United States.
(5) Enhancing the maritime capabilities of a country or
regional organization to respond to emerging threats to
maritime security in the Asia-Pacific region.
(b) Priorities.--In carrying out the provision of maritime capacity
building under subsection (a)--
(1) priority may be placed on assistance to enhance the
maritime security capabilities of the military or security
forces of countries in the Asia-Pacific region that have
maritime missions and the government agencies responsible for
such forces; and
(2) assistance may be provided to countries in the Asia-
Pacific region to enhance the capabilities of such countries,
or of regional organizations that includes such countries, to
conduct--
(A) maritime intelligence, surveillance, and
reconnaissance;
(B) littoral and port security;
(C) Coast Guard operations;
(D) command and control; and
(E) management and oversight of maritime
activities.
(c) Annual Report.--The Secretary of State shall include in the
report required to be submitted under section 802 information on the
status of the provision of equipment, training, supplies, or other
services provided pursuant to maritime capacity building in the Asia-
Pacific in the preceding year.
SEC. 202. SECURITY ASSISTANCE COORDINATION.
The Secretary of State should seek to develop a bilateral
memorandum of understanding with each of the Governments of the
Philippines, Malaysia, Vietnam, and Indonesia to outline the delivery
of planned maritime security capabilities to assist such countries,
consistent with this Act and subject to availability of appropriations,
through fiscal year 2020. Each memorandum of understanding should
account for Foreign Military Financing program and any other United
States security assistance authorities and programs provided to the
relevant country.
TITLE III--INTERNATIONAL MILITARY EDUCATION AND TRAINING
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of State
$15,000,000 for each of the fiscal years 2017 through 2020 for
assistance under chapter 5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2301 et seq.) (relating to international military
education and training) for the Asia-Pacific region in accordance with
the provisions of this Act.
TITLE IV--FOREIGN MILITARY FINANCING PROGRAM
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the President $10,000,000
for fiscal year 2017 for assistance under section 23 of the Arms Export
Control Act (22 U.S.C. 2763) (relating to Foreign Military Financing
program) for the Asia-Pacific region in accordance with the provisions
of this Act.
TITLE V--MARITIME LAW ENFORCEMENT INITIATIVE
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of State
$10,000,000 for fiscal year 2017 for International Narcotics Control
and Law Enforcement assistance for the support of the Southeast Asia
Maritime Law Enforcement Initiative, including the development of
integrated, regional capabilities to better understand the surrounding
maritime space by maritime law enforcement authorities in the following
countries and among the following countries on a regional basis:
(1) The Philippines.
(2) Malaysia.
(3) Vietnam.
(4) Indonesia.
TITLE VI--TRANSFER OF EXCESS DEFENSE ARTICLES
SEC. 601. PRIORITY FOR TRANSFER OF EXCESS DEFENSE ARTICLES.
Section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(c)(2)) is amended--
(1) by striking ``Notwithstanding'' and inserting ``(A)
Notwithstanding'';
(2) by striking ``and to the Philippines'' and inserting
``to the Philippines, and, subject to subparagraph (B), to
Malaysia, Vietnam, and Indonesia''; and
(3) by adding at the end the following:
``(B) The authority of subparagraph (A) to provide priority
to the delivery of excess defense articles under this section
to Malaysia, Vietnam, and Indonesia shall apply only with
respect to excess defense articles used for maritime security-
related missions, including excess defense articles for
purposes of patrols, intelligence, surveillance, and
reconnaissance.''.
SEC. 602. SENSE OF CONGRESS ON TRANSFER OF NAVAL VESSEL.
It is the sense of Congress that the maritime security of United
States allies and partners bordering the South China Sea would be
enhanced by the transfer of an Oliver Hazard Perry class frigate to an
appropriate country in the region. Congress urges the Secretary of
State to begin the process of consulting with Congress on the transfer
of such a vessel as soon as possible.
TITLE VII--EQUALITY OF TREATMENT IN ARMS SALES FOR TAIWAN
SEC. 701. EQUALITY OF TREATMENT IN ARMS SALES FOR TAIWAN.
(a) In General.--The President shall ensure that the United States
Government treats every proposed arms sales for Taiwan with the same
timelines, processes, and procedures, including formal notification to
Congress under the Arms Export Control Act (22 U.S.C. 2751 et seq.),
accorded to proposed arms transfers for all other countries.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, and every 5 years thereafter, the Secretary of State shall
review and report to the appropriate committees of Congress on the
compliance of the United States Government with the requirements of
subsection (a).
TITLE VIII--REPORTS
SEC. 801. REPORT ON PLANS FOR THE MAINTENANCE OF RIGHTS, FREEDOMS, AND
LAWFUL USES OF THE SEAS AND AIRSPACE IN THE ASIA-PACIFIC
MARITIME DOMAINS.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Secretary of State shall submit to
the appropriate committees of Congress a report in classified form
setting forth a plan, for each 1-year and 5-year periods beginning on
the date of such report, that details all freedom of navigation
assertions, shows of force, bilateral and multilateral military
exercises, port calls, and training intended to enhance the maritime
capabilities, respond to emerging threats, and maintain freedom of
operations, consistent with international law, in international waters
and airspace in the Asia-Pacific maritime domains.
SEC. 802. REPORT ON PLANS FOR PARTNER CAPACITY BUILDING.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall submit to the appropriate committees
of Congress a report (in classified or unclassified form) setting forth
a plan, for each 1-year and 5-year period beginning on the date of such
report, for security assistance and capacity building intended to
enhance the maritime capabilities, respond to emerging threats, and
maintain freedom of operations, consistent with international law, in
the waters and airspace in the Asia-Pacific maritime domains.
|
Asia-Pacific Maritime Security Initiative Act of 2016 This bill expresses the sense of Congress that: (1) the United States should support the efforts of the Southeast Asian nations to strengthen their maritime security capacity, and (2) the maritime security of U.S. allies and partners bordering the South China Sea would be enhanced by the transfer of an Oliver Hazard Perry class frigate to an appropriate regional country. In selecting Asia-Pacific region countries to receive maritime capacity building assistance, the Department of State may prioritize those countries that will contribute to achieving the following regional objectives: retaining access to waterways that are critical to the security and free flow of commerce and U.S. security objectives, improving maritime domain awareness, countering piracy, disrupting maritime trafficking that benefits organizations that are threats to U.S. security, and enhancing country or regional organization capabilities to respond to emerging maritime security threats. The bill urges the State Department to seek a bilateral memorandum of understanding with each of the governments of the Philippines, Malaysia, Vietnam, and Indonesia to outline the delivery of planned maritime security capabilities through FY2020. The bill authorizes: (1) international military education/training and foreign military financing for the Asia-Pacific region, and (2) the Southeast Asia Maritime Law Enforcement Initiative. The Foreign Assistance Act of 1961 is amended to provide priority delivery of excess defense articles to Malaysia, Vietnam, and Indonesia for articles that are used for maritime security-related missions. The President shall ensure that the U.S. government treats proposed arms sales for Taiwan with the same procedures that are accorded to all other countries.
|
{"src": "billsum_train", "title": "Asia-Pacific Maritime Security Initiative Act of 2016"}
| 3,141 | 330 | 0.54787 | 1.669532 | 0.767143 | 4.560261 | 8.954397 | 0.925081 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Pain Management Improvement
Act''.
SEC. 2. ESTABLISHMENT OF PAIN MANAGEMENT BOARDS OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Subchapter I of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 7309A. Pain management boards
``(a) Establishment.--The Secretary shall establish in each
Veterans Integrated Service Network a Pain Management Board (in this
section referred to as a `Board').
``(b) Duties.--(1)(A) Each Board shall provide treatment
recommendations for patients described in subparagraph (B) with complex
clinical pain who are being treated at a medical facility of the
Department located in the Veterans Integrated Service Network covered
by the Board, regardless of whether such treatment is on an in-patient
or out-patient basis.
``(B) A patient described in this subparagraph is a patient for
whom a request for treatment recommendations under subparagraph (A) has
been made by--
``(i) the patient;
``(ii) the spouse of the patient;
``(iii) a family member of the patient or an individual if
such family member or individual has been designated by the
patient to make health care decisions for the patient or to
receive health care information of the patient;
``(iv) a physician of the patient; or
``(v) an employee of the medical facility of the Department
described in such subparagraph.
``(2) Based on treatment recommendations developed by the Board
under paragraph (1)(A), each Board shall provide to health care
professionals of the Department located in the Veterans Integrated
Service Network covered by the Board recommendations on the best
practices regarding pain management in complex clinical pain cases.
``(3)(A) Each Board shall annually submit to the Secretary and the
Under Secretary for Health a report on pain management practices
carried out in the Veterans Integrated Service Network covered by the
Board. Such report shall include, for the year covered by the report,
the following:
``(i) The treatment recommendations provided under
paragraph (1)(A), including--
``(I) a summary of such recommendations; and
``(II) an explanation of the merits of each such
recommendation.
``(ii) The recommendations for best practices provided
under paragraph (2), including--
``(I) a summary of such recommendations; and
``(II) an explanation of the merits of each such
recommendation.
``(iii) Any other information the Board determines
appropriate.
``(B) Not later than January 31 of each year, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report that contains each report
submitted to the Secretary under subparagraph (A) during the previous
year.
``(4) No Board shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
``(c) Membership.--(1) Each Board shall consist of a number of
members determined appropriate by the Secretary who are appointed by
the Secretary from among individuals who have experience as--
``(A) a professional in a field relating to pain
management, including as--
``(i) a board certified pain medicine specialist;
``(ii) a trained and qualified primary care pain
champion;
``(iii) a pain psychologist;
``(iv) a pain social worker;
``(v) a pain point of contact for a Veterans
Integrated Service Network;
``(vi) a psychiatrist with addiction and
psychopharmacology expertise and experience; or
``(vii) a health care professional or a mental
health care professional;
``(B) clinical patients; or
``(C) family members of clinical patients.
``(2) The Secretary shall determine the terms of service of the
members.
``(3) Members shall serve without pay and, except as provided by
this paragraph, members who are full-time officers or employees of the
United States may not receive additional pay, allowances, or benefits
by reason of their service on the Board. Members may receive travel
expenses, including per diem in lieu of subsistence for travel in
connection with their duties as members of the Board. Any member who
has clinical duties as an officer or employee of the United States
shall be relieved of such duties during periods in which such relief is
necessary for the member to carry out the duties of the Board.
``(d) Powers.--(1) Each Board may hold hearings, sit and act at
times and places, take testimony, and receive evidence as the Board
determines appropriate.
``(2) Each Board may secure directly from any department or agency
of the Federal Government information necessary to enable it to carry
out this section.
``(3) Each Board may conduct site visits of medical facilities of
the Department to collect information necessary to enable it to carry
out this section.
``(4) The Secretary shall provide to each Board administrative
support services necessary for the Board to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7309 the following new item:
``7309A. Pain management boards.''.
(c) Report.--Not later than December 1, 2015, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans' Affairs of
the House of Representatives and the Senate the approved clinical
guideline, handbook, directive, policy, or other guidance established
to govern the stepdown methodologies employed by clinicians in medical
facilities of the Department to manage the use of opioid therapies and
associated prescribing practices.
|
Veterans Pain Management Improvement Act Directs the Department of Veterans Affairs (VA) to establish a Pain Management Board in each Veterans Integrated Service Network. Requires each Board to provide: (1) recommendations for treatment, on an in-patient or out-patient basis, for patients with complex clinical pain for whom a request has been made by the patient, the patient's physician, spouse, family member, or an individual designated by the patient to make health care decisions or receive health care information for the patient, or an employee of the covered VA facility; and (2) recommendations on best practices regarding pain management in complex clinical pain cases to VA health care professionals located in the Network covered by the Board. Requires each Board to annually submit to the VA a report on pain management practices carried out in the covered Network. Directs the VA, by December 1, 2015, to submit to specified congressional committees the approved clinical guideline, handbook, directive, policy, or other guidance established to govern the step-down methodologies employed by clinicians in VA medical facilities to manage the use of opioid therapies and associated prescribing practices.
|
{"src": "billsum_train", "title": "Veterans Pain Management Improvement Act"}
| 1,269 | 232 | 0.686576 | 1.938934 | 0.887028 | 3.631336 | 5.62212 | 0.930876 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety, Accountability, and Funding
Efficiency for Transportation Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) to ensure that taxpayers receive safe, high quality
transportation services at the best possible price, a
government agency carrying out a surface transportation project
should conduct a cost-benefit analysis before procuring
architectural, engineering, and related services from a private
contractor; and
(2) by conducting the cost-benefit analysis, a government
agency will be able to determine if it is cost effective and in
the public interest to use a private contractor or government
employees in procuring such services.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Architectural, engineering, and related services.--The
term ``architectural, engineering, and related services'' means
architectural, landscape architectural, environmental,
engineering, land surveying, construction project management,
and construction inspection services and services related to
permitting and environmental studies, the preparation of plans,
specifications, and estimates, and the acquisition of rights-
of-way.
(2) Private contract.--The term ``private contract'' means
an agreement between a government agency and a private
contractor.
(3) Government agency.--The term ``government agency''
means a State, local, regional, interregional, or other
governmental entity that receives Federal funds to carry out
surface transportation projects.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Surface transportation project.--The term ``surface
transportation project'' means a project eligible for
assistance under title 23, United States Code, a capital
project (as defined in section 5302 of title 49, United States
Code), and any other project related to surface transportation
that the Secretary determines appropriate.
SEC. 4. COST-BENEFIT ANALYSIS.
(a) In General.--For fiscal year 2005 and each fiscal year
thereafter, Federal funds made available to carry out a surface
transportation project may be used by a government agency to enter into
a private contract of $100,000 or more to procure architectural,
engineering, and related services only if the government agency
conducts a cost-benefit analysis for the private contract in accordance
with the requirements of this section.
(b) Components.--A cost-benefit analysis conducted by a government
agency for a private contract under subsection (a) shall contain, at a
minimum, the following:
(1) A description of the services to be performed under the
private contract.
(2) An estimate of the cost of procuring the services under
the private contract, including the price of the contract, the
cost to the government agency of negotiating and awarding the
contract, and the cost to the government agency of inspecting,
supervising, monitoring, and overseeing the contract.
(3) An estimate of the cost of having the services
performed by the government agency (or a government agency
assisting such agency), including staff salaries and benefits,
office facilities and space, equipment and materials, and other
costs that can be reasonably attributed to the performance of
the services and that would not be otherwise be incurred by the
government agency.
(4) A determination as to whether the services would be
procured more quickly by entering into the private contract or
by having the services performed by the government agency (or a
government agency assisting such agency).
(5) A determination as to whether the government agency
will provide equipment and materials under the private contract
and an estimate of the cost of any such equipment and
materials.
(6) An estimate of the cost of unemployment compensation or
other benefits likely to be paid to any employees of the
government agency displaced as a result of the private
contract.
(7) An estimate of the cost to the government agency of
resuming performance of the service to be performed under the
private contract.
SEC. 5. MATERIALS TO ACCOMPANY COST-BENEFIT ANALYSIS.
(a) In General.--If, after conducting a cost-benefit analysis for a
private contract under section 4, a government agency finds that the
benefits of entering into the contract outweigh the costs, the agency
shall also prepare for the contract the materials required by this
section.
(b) Performance History.--The materials to be prepared under
subsection (a) shall include a performance history of the private
contractor. Such history shall include, at a minimum, the following:
(1) A description of any work performed for the government
agency by the private contractor in the preceding 5-year period
or, if such work was not performed, a description of any work
performed for other government agencies by the private
contractor in such 5-year period.
(2) With respect to each private contract to which
paragraph (1) applies, the amount of funds originally committed
by the government agency under the contract and the amount of
funds actually expended by the government agency under the
contract.
(3) With respect to each private contract to which
paragraph (1) applies, deadlines originally established for all
work performed under the contract and the actual date or dates
on which performance of the work was completed.
(4) Any citations, court findings, or administrative
findings against the private contractor for a violation of
applicable Federal, State, and local laws, including laws
governing environmental protection, employee safety and health,
labor relations, and other employment requirements.
(5) Documentation to substantiate that the qualifications,
experience, and expertise of the employees to be utilized by
the private contractor under the private contract, including
subcontractors, are at least equal to that of the government
agency employees who could be providing the services.
(c) Political Contribution History.--The materials to be prepared
under subsection (a) shall include a political contribution history of
the private contractor. Such history shall include, at a minimum, a
listing of all contributions made by the private contractor to
political parties and candidates for political office in the preceding
5-year period.
(d) Certification of Performance Bond.--The materials to be
prepared under subsection (a) shall include a certification by the
government agency that the agency will receive from the private
contractor a performance bond or similar instrument that ensures the
performance of the contractor under the private contract.
SEC. 6. DISCLOSURE OF RESULTS OF COST-BENEFIT ANALYSIS.
If, after conducting a cost-benefit analysis for a private contract
under section 4 and preparing the accompanying materials under section
5, a government agency finds that it is in the public interest to enter
into the contract, the agency shall, at least 30 days before entering
into the contract--
(1) submit the results and accompanying materials to the
Secretary for review;
(2) provide the results and accompanying materials to any
individual or entity that registers with the agency to receive
the results; and
(3) make the results and accompanying materials available
for public inspection, including publication of the results on
the Internet.
SEC. 7. COMMENTS.
In the 15-day period following the date of publication by a
government agency of the results of a cost-benefit analysis for a
private contract under section 4--
(1) employees of the agency and other interested parties
may submit to the agency written comments refuting the accuracy
of results; and
(2) employees of the agency may submit to the agency a
competitive bid to provide the services that would otherwise be
performed under the contract.
SEC. 8. USE OF QUALIFICATION-BASED SELECTION CRITERIA.
In procuring architectural, engineering, and related services from
private sources using Federal funds as part of a surface transportation
project, a government agency shall use the procedures for procuring
architectural and engineering services under chapter 11 of title 40,
United States Code, or equivalent State qualifications-based
requirements.
SEC. 9. SPECIALTY, EMERGENCY, TEMPORARY WORK.
Upon the request of a government agency, the Secretary may waive
the application of this Act with respect to a private contract if the
Secretary determines that the government agency cannot perform the work
to be conducted under the contract with existing or additional
government employees because the work is of an emergency, specialty, or
intermittent nature and would likely cause regular periods of
underutilization of government employees<plus-minus>.
|
Safety, Accountability, and Funding Efficiency for Transportation Act of 2003 - Requires government agencies to prepare cost benefit analyses before entering any private contract of $100,000 or more to procure private sector architectural, engineering, and related services for a surface transportation project.
Prescribes components of such cost benefit analysis, as well as accompanying materials including the performance history and political contribution history of the private contractor.
Prescribes procedural guidelines for mandatory public disclosure of the results of such cost-benefit analysis.
|
{"src": "billsum_train", "title": "To require government agencies carrying out surface transportation projects to conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor, and for other purposes."}
| 1,779 | 106 | 0.633214 | 1.672542 | 0.84968 | 3.591398 | 18.612903 | 0.88172 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burma Freedom and Democracy Act of
1995''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since 1962, Burma has been ruled by a military
dictatorship.
(2) As part of a crackdown against the Burmese pro-
democracy movement, the State Law and Order Restoration Council
(SLORC) was established by the military dictatorship in 1988.
(3) On May 27, 1990 the people of Burma voted
overwhelmingly in a free election for Daw Aung San Suu Kyi and
the National League for Democracy (NLD).
(4) Despite numerous pledges, the SLORC has failed to honor
the results of the 1990 elections.
(5) The United States has not sent an ambassador to Rangoon
in protest of the failure of the SLORC to honor the 1990
elections and the continued human rights abuses suffered by the
Burmese people.
(6) In response to the massacre of thousands of Burmese
participating in peaceful democratic demonstrations, Congress
adopted a provision as part of the Customs and Trade Act of
1990 requiring the President to impose appropriate economic
sanctions on Burma.
(7) Currently the United States has suspended economic aid
to Burma, placed an embargo on arms sales, denied GSP trade
preferences, and decertified Burma as a narcotics cooperating
country.
(8) On April 30, 1994, the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236), placed
Burma on the list of international ``outlaw'' states that
includes Libya, North Korea, and Iraq and which is set forth in
section 307 of the Foreign Assistance Act of 1961 (22 U.S.C.
2227(a)), thus mandating that voluntary United States funding
for any United Nations agency will be automatically reduced if
the agency conducts programs in Burma.
(9) On July 15, 1994 the Senate adopted Senate Resolution
234 calling on the Administration to encourage members of the
Association of Southeast Asian Nations (ASEAN) to work with the
United States to achieve the transfer of power to the winners
of Burma's 1990 democratic election.
(10) On July 10, 1995 after six years of unlawful
detention, the SLORC released Nobel Peace Prize winner Daw Aung
San Suu Kyi, the leader of the NLD.
(11) Since the release of Daw Aung San Suu Kyi, SLORC has
rejected her efforts to establish a timetable for dialogue and
national reconciliation and has denied the NLD a meaningful
role in a credible political process.
SEC. 3. DECLARATION OF POLICY.
Congress declares that it is the policy of the United States--
(1) to support actively the prompt transition from a
military dictatorship to a democratic government in Burma;
(2) to encourage the State Law and Order Restoration
Committee to immediately and unconditionally release all
political prisoners and allow them to participate in the
political process;
(3) to recognize the individuals who won the 1990
democratic election as the legitimate representatives of the
Burmese people; and
(4) to expand contact with the democratically elected
leaders of Burma through the United States mission in Rangoon
in order to facilitate the democratic process in Burma.
SEC. 4. SANCTIONS.
(a) Prohibition.--Until such time as the President determines and
certifies to the appropriate congressional committees that an elected
government of Burma has been allowed to take power--
(1) the sanctions described in subsection (b) shall be
imposed on Burma; and
(2) the appropriate Government officials may apply the
sanctions described in subsection (c) against Burma.
(b) Mandatory Sanctions.--
(1) Investment sanction.--United States nationals shall not
make any investment in Burma.
(2) United states assistance.--United States assistance for
Burma is prohibited.
(3) Multilateral assistance.--The Secretary of the Treasury
shall instruct the United States executive director of each
financial institution to vote against any loan or other
utilization of the funds of the respective bank to or for
Burma.
(4) Admission to united states.--Except as required by
treaty obligations, any Burmese national who formulates,
implements, or benefits from policies which hinder the
transition of Burma to a democratic country, and any member of
the immediate family of such national, shall be ineligible to
receive a visa and shall be excluded from admission into the
United States.
(c) Discretionary Sanctions.--
(1) Import sanctions.--The President is authorized to
prohibit the importation into the United States of articles
which are produced, manufactured, grown, or extracted in Burma.
(2) Ban on travel to burma.--The Secretary of State may
prohibit the use of United States passports for travel to
Burma, except for travel by United States officials.
(3) Diplomatic representation.--The President is urged not
to accept diplomatic representation from Burma at a level
greater than the level of diplomatic representation accorded
the United States in Burma.
(4) Contributions to international financial
institutions.--The President is authorized to withhold from
each international organization that funds activities in Burma
other than humanitarian activities an amount equal to the
United States proportionate share of that funding.
SEC. 5. REPORT ON BURMESE LABOR PRACTICES.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Labor, in consultation with the Secretary of State, shall
submit a report to the appropriate congressional committees on--
(1) Burmese compliance with international labor standards
including the use of forced labor, child labor, slave labor,
and involuntary prison labor by the junta;
(2) the degree to which foreign investment in Burma
contributes to violations of fundamental worker rights;
(3) labor practices in support of Burma's foreign tourist
industry; and
(4) efforts by the United States to end violations of
fundamental labor rights in Burma.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations and the Committee on
International Relations of the House of Representatives.
(2) International financial institutions.--The term
``international financial institutions'' includes the
International Bank for Reconstruction and Development, the
International Development Association, the Asian Development
Bank, and the International Monetary Fund.
(3) Investment.--The term ``investment'' includes any
contribution or commitment of funds, commodities, services,
patents, processes, or techniques, in the form of--
(A) a loan or loans;
(B) the purchase of a share of ownership;
(C) participation in royalties, earnings, or
profits; and
(D) the furnishing of commodities or services
pursuant to a lease or other contract.
(4) United states assistance.--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 to any foreign country.
|
Burma Freedom and Democracy Act of 1995 - Imposes certain unilateral and multilateral economic sanctions against Burma until the President certifies to the appropriate congressional committees that an elected government of Burma has been allowed to take power. Requires the Secretary of Labor to report to the appropriate congressional committees on Burma's unfair labor practices.
|
{"src": "billsum_train", "title": "Burma Freedom and Democracy Act of 1995"}
| 1,594 | 78 | 0.501797 | 1.380864 | 0.3328 | 4.448276 | 25.034483 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifespan Respite Care Act of 2005''.
SEC. 2. LIFESPAN RESPITE CARE.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXIX--LIFESPAN RESPITE CARE
``SEC. 2901. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
``(1) an estimated 26,000,000 individuals in the United
States care each year for 1 or more adult family members or
friends who are chronically ill, disabled, or terminally ill;
``(2) an estimated 18,000,000 children in the United States
have chronic physical, developmental, behavioral, or emotional
conditions that demand caregiver monitoring, management,
supervision, or treatment beyond that required of children
generally;
``(3) nearly 4,000,000 individuals in the United States of
all ages who have mental retardation or another developmental
disability live with their families;
``(4) almost 25 percent of the Nation's elders experience
multiple chronic disabling conditions that make it necessary to
rely on others for help in meeting their daily needs;
``(5) every year, approximately 600,000 Americans die at
home and many of these individuals rely on extensive family
caregiving before their death;
``(6) of all individuals in the United States needing
assistance in daily living, 42 percent are under age 65;
``(7) there are insufficient resources to replace family
caregivers with paid workers;
``(8) if services provided by family caregivers had to be
replaced with paid services, it would cost approximately
$200,000,000,000 annually;
``(9) the family caregiver role is personally rewarding but
can result in substantial emotional, physical, and financial
hardship;
``(10) approximately 75 percent of family caregivers are
women;
``(11) family caregivers often do not know where to find
information about available respite care or how to access it;
``(12) available respite care programs are insufficient to
meet the need and are directed at primarily lower income
populations and family caregivers of the elderly, leaving large
numbers of family caregivers without adequate support; and
``(13) the limited number of available respite care
programs find it difficult to recruit appropriately trained
respite workers.
``(b) Purposes.--The purposes of this title are--
``(1) to encourage States to establish State and local
lifespan respite care programs;
``(2) to improve and coordinate the dissemination of
respite care information and resources to family caregivers;
``(3) to provide, supplement, or improve respite care
services to family caregivers;
``(4) to promote innovative, flexible, and comprehensive
approaches to--
``(A) the delivery of respite care;
``(B) respite care worker and volunteer recruitment
and training programs; and
``(C) training programs for family caregivers to
assist such family caregivers in making informed
decisions about respite care services;
``(5) to support evaluative research to identify effective
respite care services that alleviate, reduce, or minimize any
negative consequences of caregiving; and
``(6) to promote the dissemination of results, findings,
and information from programs and research projects relating to
respite care delivery, family caregiver strain, respite care
worker and volunteer recruitment and training, and training
programs for family caregivers that assist such family
caregivers in making informed decisions about respite care
services.
``SEC. 2902. DEFINITIONS.
``In this title:
``(1) Eligible recipient.--The term `eligible recipient'
means--
``(A) a State agency;
``(B) any other public entity that is capable of
operating on a statewide basis;
``(C) a private, nonprofit organization that is
capable of operating on a statewide basis;
``(D) a political subdivision of a State that has a
population of not less than 3,000,000 individuals; or
``(E) any recognized State respite coordinating
agency that has--
``(i) a demonstrated ability to work with
other State and community-based agencies;
``(ii) an understanding of respite care and
family caregiver issues; and
``(iii) the capacity to ensure meaningful
involvement of family members, family
caregivers, and care recipients.
``(2) Adult with a special need.--The term `adult with a
special need' means a person 18 years of age or older who
requires care or supervision to--
``(A) meet the person's basic needs; or
``(B) prevent physical self-injury or injury to
others.
``(3) Child with a special need.--The term `child with a
special need' means a person less than 18 years of age who
requires care or supervision beyond that required of children
generally to--
``(A) meet the child's basic needs; or
``(B) prevent physical self-injury or injury to
others.
``(4) Family caregiver.--The term `family caregiver' means
an unpaid family member, a foster parent, or another unpaid
adult, who provides in-home monitoring, management,
supervision, or treatment of a child or adult with a special
need.
``(5) Respite care.--The term `respite care' means planned
or emergency care provided to a child or adult with a special
need in order to provide temporary relief to the family
caregiver of that child or adult.
``(6) Lifespan respite care.--The term `lifespan respite
care' means a coordinated system of accessible, community-based
respite care services for family caregivers of children or
adults with special needs.
``SEC. 2903. LIFESPAN RESPITE CARE GRANTS AND COOPERATIVE AGREEMENTS.
``(a) Purposes.--The purposes of this section are--
``(1) to expand and enhance respite care services to family
caregivers;
``(2) to improve the statewide dissemination and
coordination of respite care; and
``(3) to provide, supplement, or improve access and quality
of respite care services to family caregivers, thereby reducing
family caregiver strain.
``(b) Authorization.--Subject to subsection (f), the Secretary is
authorized to award grants or cooperative agreements to eligible
recipients who submit an application pursuant to subsection (d).
``(c) Federal Lifespan Approach.--In carrying out this section, the
Secretary shall work in cooperation with the National Family Caregiver
Support Program Officer of the Administration on Aging, and respite
care program officers in the Administration for Children and Families,
the Administration on Developmental Disabilities, the Maternal and
Child Health Bureau of the Health Resources and Services
Administration, and the Substance Abuse and Mental Health Services
Administration, to ensure coordination of respite care services for
family caregivers of children and adults with special needs.
``(d) Application.--
``(1) Submission.--Each eligible recipient desiring to
receive a grant or cooperative agreement under this section
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
shall require.
``(2) Contents.--Each application submitted under this
section shall include--
``(A) a description of the applicant's--
``(i) understanding of respite care and
family caregiver issues;
``(ii) capacity to ensure meaningful
involvement of family members, family
caregivers, and care recipients; and
``(iii) collaboration with other State and
community-based public, nonprofit, or private
agencies;
``(B) with respect to the population of family
caregivers to whom respite care information or services
will be provided or for whom respite care workers and
volunteers will be recruited and trained, a description
of--
``(i) the population of family caregivers;
``(ii) the extent and nature of the respite
care needs of that population;
``(iii) existing respite care services for
that population, including numbers of family
caregivers being served and extent of unmet
need;
``(iv) existing methods or systems to
coordinate respite care information and
services to the population at the State and
local level and extent of unmet need;
``(v) how respite care information
dissemination and coordination, respite care
services, respite care worker and volunteer
recruitment and training programs, or training
programs for family caregivers that assist such
family caregivers in making informed decisions
about respite care services will be provided
using grant or cooperative agreement funds;
``(vi) a plan for collaboration and
coordination of the proposed respite care
activities with other related services or
programs offered by public or private,
nonprofit entities, including area agencies on
aging;
``(vii) how the population, including
family caregivers, care recipients, and
relevant public or private agencies, will
participate in the planning and implementation
of the proposed respite care activities;
``(viii) how the proposed respite care
activities will make use, to the maximum extent
feasible, of other Federal, State, and local
funds, programs, contributions, other forms of
reimbursements, personnel, and facilities;
``(ix) respite care services available to
family caregivers in the applicant's State or
locality, including unmet needs and how the
applicant's plan for use of funds will improve
the coordination and distribution of respite
care services for family caregivers of children
and adults with special needs;
``(x) the criteria used to identify family
caregivers eligible for respite care services;
``(xi) how the quality and safety of any
respite care services provided will be
monitored, including methods to ensure that
respite care workers and volunteers are
appropriately screened and possess the
necessary skills to care for the needs of the
care recipient in the absence of the family
caregiver; and
``(xii) the results expected from proposed
respite care activities and the procedures to
be used for evaluating those results; and
``(C) assurances that, where appropriate, the
applicant shall have a system for maintaining the
confidentiality of care recipient and family caregiver
records.
``(e) Review of Applications.--
``(1) Establishment of review panel.--The Secretary shall
establish a panel to review applications submitted under this
section.
``(2) Meetings.--The panel shall meet as often as may be
necessary to facilitate the expeditious review of applications.
``(3) Function of panel.--The panel shall--
``(A) review and evaluate each application
submitted under this section; and
``(B) make recommendations to the Secretary
concerning whether the application should be approved.
``(f) Awarding of Grants or Cooperative Agreements.--
``(1) In general.--The Secretary shall award grants or
cooperative agreements from among the applications approved by
the panel under subsection (e)(3).
``(2) Priority.--When awarding grants or cooperative
agreements under this subsection, the Secretary shall give
priority to applicants that show the greatest likelihood of
implementing or enhancing lifespan respite care statewide.
``(g) Use of Grant or Cooperative Agreement Funds.--
``(1) In general.--
``(A) Mandatory uses of funds.--Each eligible
recipient that is awarded a grant or cooperative
agreement under this section shall use the funds for,
unless such a program is in existence--
``(i) the development of lifespan respite
care at the State and local levels; and
``(ii) an evaluation of the effectiveness
of such care.
``(B) Discretionary uses of funds.--Each eligible
recipient that is awarded a grant or cooperative
agreement under this section may use the funds for--
``(i) respite care services for family
caregivers of children and adults with special
needs;
``(ii) respite care worker and volunteer
training programs; or
``(iii) training programs for family
caregivers to assist such family caregivers in
making informed decisions about respite care
services.
``(C) Evaluation.--If an eligible recipient uses
funds awarded under this section for an activity
described in subparagraph (B), the eligible recipient
shall use funds for an evaluation of the effectiveness
of the activity.
``(2) Subcontracts.--Each eligible recipient that is
awarded a grant or cooperative agreement under this section may
use the funds to subcontract with a public or nonprofit agency
to carry out the activities described in paragraph (1).
``(h) Term of Grants or Cooperative Agreements.--
``(1) In general.--The Secretary shall award grants or
cooperative agreements under this section for terms that do not
exceed 5 years.
``(2) Renewal.--The Secretary may renew a grant or
cooperative agreement under this section at the end of the term
of the grant or cooperative agreement determined under
paragraph (1).
``(i) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant other Federal,
State, and local funds available for respite care services.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2006 through 2010.
``SEC. 2904. NATIONAL LIFESPAN RESPITE RESOURCE CENTER.
``(a) Establishment.--From funds appropriated under subsection (c),
the Secretary shall award a grant or cooperative agreement to a public
or private nonprofit entity to establish a National Resource Center on
Lifespan Respite Care (referred to in this section as the `center').
``(b) Purposes of the Center.--The center shall--
``(1) maintain a national database on lifespan respite
care;
``(2) provide training and technical assistance to State,
community, and nonprofit respite care programs; and
``(3) provide information, referral, and educational
programs to the public on lifespan respite care.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2006 through 2010.''.
|
Lifespan Respite Care Act of 2005 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or cooperative agreements to a recommended agency, organization, or political subdivision to develop respite care programs at the state or local level or to evaluate the effectiveness of such care. Defines "respite care" to mean planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver.
Instructs the Secretary to work cooperatively with existing federal respite program officers to ensure coordination of services for family caregivers. Directs the Secretary to: (1) establish a review panel to make recommendations on applicants; and (2) give priority to applicants with the greatest likelihood of implementing or enhancing lifespan respite care statewide. Permits the use of funds for respite care services and training programs for volunteers and family caregivers. Limits grants to five years. Directs the Secretary to award a grant or cooperative agreement to a public or private nonprofit entity to establish the National Resource Center on Lifespan Respite Care to: (1) maintain a national database on lifespan respite care; (2) provide training and technical assistance to state, community, and nonprofit respite care programs; and (3) provide information, referral, and educational programs to the public on lifespan respite care.
|
{"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish a program to assist family caregivers in accessing affordable and high-quality respite care, and for other purposes."}
| 3,187 | 296 | 0.555966 | 1.576947 | 0.746887 | 5 | 11.615686 | 0.937255 |
SECTION 1. PROMPT CONSIDERATION OF CERTAIN PETITIONS REQUESTING FEDERAL
RECOGNITION AS AN INDIAN TRIBE.
(a) Time Period for Proposed Finding.--Not later than 6 months
after the date of the enactment of this Act, the Secretary shall
publish a proposed finding with respect to the petition for Federal
recognition of each eligible tribe consistent with part 83 of title 25,
Code of Federal Regulations.
(b) Time Period for Final Determination.--Not later than one year
after the date of the enactment of this Act, the Secretary shall
publish a final determination with respect to the petition for Federal
recognition of each eligible tribe.
(c) Notification; Opt in.--
(1) Notification of tribes.--Not later than 45 days after
the date of the enactment of this Act, the Secretary shall
notify, in writing, all potentially eligible tribes that they
may opt into the expedited procedure for proposed findings and
final determinations under this Act and of the provisions of
paragraph (2).
(2) Opt in.--If, not later than 90 days after the date of
the enactment of this Act, a potentially eligible tribe
notifies the Secretary, in writing, that the potentially
eligible tribe elects to opt into the expedited procedures
under this Act, the potentially eligible tribe shall be
considered an eligible tribe for the purposes of this Act.
Potentially eligible tribes shall not be considered eligible
tribes for the purposes of this Act if notification is not made
by the potentially eligible tribe in accordance with this
paragraph.
(d) Number of Members Not a Factor.--The number of persons listed
on the membership roll contained in a petition for Federal recognition
of an eligible tribe shall not be taken into account in considering the
petition, except that the Secretary may review the eligibility of
individual members or groups listed in a petition in accordance with
the provisions of part 83 of title 25, Code of Federal Regulations.
(e) Effect of Failure To Comply.--If the Secretary fails to publish
a proposed finding required by subsection (a) or a final determination
required by subsection (b) by the end of the time period required for
the proposed finding or final determination by such subsections, the
relevant eligible tribe may seek in the appropriate United States
district court a determination by the court of whether the eligible
tribe should be recognized as an Indian tribe in accordance with the
criteria specified in section 83.7 of title 25, Code of Federal
Regulations. In any such action, the court shall treat such failure by
the Secretary as final agency action.
(f) Review of Adverse Decision.--If the final determination
required by subsection (b) refuses to recognize the eligible tribe as
an Indian tribe, the eligible tribe may seek, during the one-year
period beginning on the date on which the final determination is
published, a review of the determination in the appropriate United
States district court, notwithstanding the availability of other
administrative remedies.
(g) Consideration of Other Petitions.--Until the Secretary has
published a proposed finding with respect to the petition of each
eligible tribe as required under subsection (a), no other petition for
recognition as an Indian tribe may be processed except those listed as
having a status of ``Active'' or ``In Post-Final Decision Appeal
Process'' by the Department of the Interior on July 1, 2004.
(h) No Change in Criteria.--Nothing in this Act shall be construed
to change the criteria established by the Department of the Interior to
determine whether or not a petitioner meets the requirements to be a
federally recognized tribe.
(i) Definitions.--For the purposes of this Act, the following
definitions apply:
(1) Eligible tribe.--The term ``eligible tribe'' means a
tribe that--
(A) has made an initial application for recognition
as an Indian tribe to the Department of the Interior
before October 17, 1988;
(B) is listed as having a status of ``Ready,
Waiting for Active Consideration'' by the Department of
the Interior on July 1, 2004; and
(C) not later than 90 days after the date of the
enactment of this Act, notifies the Secretary, in
writing, that it opts to have its petition for
recognition as an Indian tribe considered under the
expedited procedure for proposed findings and final
determinations under this Act.
(2) Potentially eligible tribe.--The term ``potentially
eligible tribe'' means a tribe that--
(A) has made an initial application for recognition
as an Indian tribe to the Department of the Interior
before October 17, 1988;
(B) is listed as having a status of ``Ready,
Waiting for Active Consideration'' by the Department of
the Interior on July 1, 2004; and
(C) has not notified the Secretary, in writing,
whether or not it opts to have its petition for
recognition as an Indian tribe considered under the
expedited procedure for proposed findings and final
determinations under this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, or a designee of the Secretary.
|
Requires the prompt review by the Secretary of the Interior of the long-standing petitions of eligible Indian tribes for federal recognition. Sets forth a process for potentially eligible tribes to opt into expedited procedures so they can be considered eligible for recognition.
Authorizes an eligible tribe to seek the judicial review of a final determination refusing federal recognition in the appropriate United States district court.
|
{"src": "billsum_train", "title": "To require the prompt review by the Secretary of the Interior of the longstanding petitions for Federal recognition of certain Indian tribes, and for other purposes."}
| 1,116 | 85 | 0.588662 | 1.440455 | 1.248084 | 1.887324 | 14.478873 | 0.84507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coordinating Water Research for a
Clean Water Future Act of 2012''.
SEC. 2. NATIONAL WATER RESEARCH AND DEVELOPMENT INITIATIVE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the President shall begin to implement a National Water
Research and Development Initiative through the Council, the
Coordination Office, and appropriate Federal agencies. The Initiative
shall--
(1) establish the goals, priorities, and metrics for the
evaluation of Federal water research and development and other
activities related to water;
(2) invest in Federal research and development activities
related to water to achieve the goals established under the
Strategic Plan; and
(3) provide for interagency coordination of Federal water
research and development and other activities related to water
undertaken pursuant to the Initiative.
(b) Initiative Activities.--The Initiative shall carry out, at a
minimum, the following activities:
(1) Conducting research on how to ensure the systematic and
coordinated collection of publicly available data on regional
and national water resources, including information about the
quantity, availability, and quality of ground and surface water
resources.
(2) Conducting research on, development of, and
demonstration of technologies and practices to enhance reliable
water supply, water reuse, pollution prevention, water quality,
water use efficiency, and energy efficiency in water use.
(3) Conducting research on and development of tools and
best practices to assist regional, State, local, and tribal
water resource managers in planning for changing and future
water availability, use patterns, and infrastructure impacts.
(4) Conducting research on the social, behavioral, and
economic barriers to the sustainable use of water resources,
including public acceptance of water technologies and practices
and conflict resolution solutions for competing water resource
management requirements.
(5) Conducting research to enhance the understanding of
water-related ecosystems, ecosystem services, and the impact on
water resources of invasive species, chemical contaminants,
natural disasters, long-term ice coverage, and changing water
levels.
(6) Analyzing the energy required to provide reliable water
supplies and the water required to provide reliable energy
supplies.
(7) Providing guidance to minority serving institutions on
funding opportunities to perform research as part of the
Initiative.
(c) Program Management.--The Council shall oversee the planning,
management, and coordination of the Initiative. The Council, itself or
through an appropriate subgroup it designates or establishes, shall--
(1) establish goals and priorities for the Initiative based
on national needs;
(2) coordinate all Federal research, development,
demonstration, data collection and dissemination, education,
and technology development and transfer activities pertaining
to water;
(3) coordinate the activities of the Initiative with the
water-related research and development activities of the United
States Global Change Research Program;
(4) develop the Annual Report under subsection (d);
(5) develop the Strategic Plan under section 5; and
(6) through the Coordination Office, provide for public
input and outreach to be integrated into the Initiative,
including the convening of workshops.
(d) Annual National Water Research Report.--
(1) In general.--The Council shall submit the Annual
National Water Research Report to Congress at the time of the
President's budget submission for each fiscal year. The Council
shall consider and utilize information from regional, State,
local, and tribal governments and other stakeholders in the
development of the Annual Report.
(2) Specific requirements.--The Annual Report shall
include--
(A) for each Federal agency that participates in
the Initiative--
(i) the Initiative budget for the current
fiscal year; and
(ii) the proposed coordinated Initiative
budget for the next fiscal year;
(B) an analysis of the progress, and indicators
used to measure such progress, made toward achieving
the goals and priorities established for the Initiative
in the Strategic Plan; and
(C) an analysis of the extent to which the
Initiative has incorporated the recommendations of the
Advisory Committee and the public.
SEC. 3. PROGRAM COORDINATION.
(a) Establishment.--The President shall establish a National Water
Research Coordination Office with a Director and full-time staff.
(b) Functions.--The Coordination Office shall--
(1) provide technical and administrative support to--
(A) the Council, including support needed for the
development of the Strategic Plan and the Annual
Report; and
(B) the Advisory Committee;
(2) serve as the primary point of contact on Federal water
research and development activities for regional, State, local,
and tribal government agencies, organizations, academia,
industry, public-private collaborations, commercial end users,
and others to exchange information related to the Initiative;
(3) conduct public outreach, including the dissemination of
findings of research based on the activities conducted pursuant
to the Initiative and recommendations of the Advisory Committee
through a publicly accessible Web site;
(4) solicit input and recommendations from a wide range of
stakeholders during the development of each Strategic Plan and
Annual Report through the solicitation of public comments and
the convening of at least 1 workshop with invitees from
academia, industry, Federal laboratories, regional, State,
local, and tribal governments, and other relevant organizations
and institutions; and
(5) promote access to and early application of innovations,
best practices, and expertise derived from Initiative
activities.
(c) Source of Funding.--
(1) In general.--The operation of the Coordination Office
shall be supported by funds contributed from each agency
represented on the Council.
(2) Specifications.--The portion of the total budget of the
Coordination Office that is provided by each agency for each
fiscal year shall be in the same proportion as each such
agency's share of the total budget for the Initiative for the
previous fiscal year, as specified in the Annual Report.
(d) Report.--Within 180 days after the date of enactment of this
Act, the Director of the Office of Science and Technology Policy shall
transmit to Congress a report on the funding of the Coordination
Office. The report shall include--
(1) the amount of funding required to adequately fund the
Coordination Office;
(2) the adequacy of existing mechanisms to fund the
Coordination Office; and
(3) the actions taken by the Director to ensure stable
funding of the Coordination Office.
SEC. 4. ADVISORY COMMITTEE.
(a) In General.--There shall be established a National Water
Research Initiative Advisory Committee.
(b) Qualifications.--
(1) In general.--The President shall appoint as members of
the Advisory Committee individuals that are--
(A) qualified to provide advice and information on
water research, development, demonstrations, technology
development and transfer, and commercial application;
and
(B) primarily from academic institutions, industry,
nongovernmental institutions, and regional, State,
local, and tribal governments.
(2) Recommendations.--In appointing members to the Advisory
Committee, the President may seek and give consideration to
recommendations from Congress, industry, the scientific
community (including the National Academy of Sciences,
scientific professional societies, and academia), the defense
community, regional, State, local, and tribal governments, and
other appropriate organizations.
(c) Duties.--The Advisory Committee shall advise the President and
the Council on matters relating to the Initiative, including assessing
the following:
(1) Trends and developments in water research and
development.
(2) Progress made in implementing the Initiative.
(3) The need to revise the Initiative.
(4) The balance among the activities of the Initiative
described in section 2(b), including funding levels for the
Federal programs developed to address the goals and priorities
of the Initiative.
(5) Whether the goals and priorities are enabling the
Initiative to help maintain a reliable and clean supply of
water for the United States.
(6) Whether the Initiative is enabling an adequate
workforce to help maintain a reliable and clean supply of water
for the United States.
(7) The management, coordination, implementation, and
activities of the Initiative.
(8) Whether the concerns of regional, State, local, and
tribal governments are being addressed adequately by the
Initiative.
(d) Reports.--
(1) In general.--Not less frequently than once every 3
fiscal years, the Advisory Committee shall submit to the
President and the Council a report on its assessment under
subsection (c) and its recommendations for ways to improve the
Initiative.
(2) Initial deadline.--The first report under this
subsection shall be submitted not later than 18 months after
the date of enactment of this Act.
(3) Transmittal to congress.--The Director of the Office of
Science and Technology Policy shall transmit a copy of each
report under this subsection to Congress.
(e) Travel Expenses of Non-Federal Members.--Non-Federal members of
the Advisory Committee, while attending meetings of the Advisory
Committee or while otherwise serving at the request of the head of the
Advisory Committee away from their homes or regular places of business,
may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United States
Code, for individuals in the Government serving without pay. Nothing in
this subsection shall be construed to prohibit members of the Advisory
Committee who are officers or employees of the United States from being
allowed travel expenses, including per diem in lieu of subsistence, in
accordance with existing law.
(f) Exemption From Sunset.--Section 14 of the Federal Advisory
Committee Act shall not apply to the Advisory Committee.
SEC. 5. NATIONAL WATER RESEARCH AND DEVELOPMENT STRATEGIC PLAN.
(a) In General.--The Council, with the assistance of the
Coordination Office, shall develop, within 12 months after the date of
enactment of this Act, and update every 3 years thereafter, a 5-year
National Water Research and Development Strategic Plan to guide the
activities of the Initiative described under section 2(b).
(b) Goals.--The Strategic Plan shall specify near-term and long-
term goals for the Initiative, the anticipated timeframe for achieving
the near-term goals, and the metrics to be used for assessing progress
toward the goals.
(c) Priorities.--The Strategic Plan shall prioritize the research
and development activities in section 2(b) related to the enhancement
of reliable and clean water supply systems.
(d) Content.--The Strategic Plan shall describe how the Initiative
will--
(1) coordinate and reduce nonbeneficial duplication of
multiagency activities of the Initiative;
(2) foster the transfer of research and development results
into new technologies and applications for the benefit of
society, including through cooperation and collaborations with
regional, State, local, and tribal governments conducting
water-related research and development and other water-related
activities;
(3) encourage and support mechanisms for interdisciplinary
research and development in water availability and water
quality technology;
(4) address long-term challenges of regional importance for
which solutions require large-scale, long-term,
interdisciplinary research and development;
(5) place emphasis on innovative projects having the
potential for substantial societal and ecological returns on
the research investment;
(6) strengthen all levels of water research, development,
demonstration, technology transfer, and education and training
programs to ensure an adequate, well-trained workforce; and
(7) attract more women and underrepresented minorities to
pursue postsecondary degrees in water-related research and
development.
(e) Considerations.--In developing the Strategic Plan, the Council
shall take into consideration the recommendations of the--
(1) Advisory Committee; and
(2) stakeholders whose input was solicited by the
Coordination Office through the public comment period and the
workshop convened for that purpose.
(f) Report to Congress.--The Director of the Office of Science and
Technology Policy shall transmit to the Advisory Committee and Congress
the Strategic Plan.
SEC. 6. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the National Water Research Initiative Advisory Committee
established by section 4(a).
(2) Annual report.--The term ``Annual Report'' means the
Annual National Water Research Report established by section
2(d).
(3) Coordination office.--The term ``Coordination Office''
means the National Water Research Coordination Office
established by section 3(a).
(4) Council.--The term ``Council'' means the National
Science and Technology Council, or an appropriate subgroup
designated by the National Science and Technology Council under
section 2(c).
(5) Initiative.--The term ``Initiative'' means the National
Water Research and Development Initiative established by
section 2.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(7) Minority serving institutions.--The term ``minority
serving institutions'' means institutions that are eligible
institutions under section 371(a) of the Higher Education Act
of 1965 (20 U.S.C. 1067q(a)).
(8) Strategic plan.--The term ``Strategic Plan'' means the
National Water Research and Development Strategic Plan
established by section 5.
|
Coordinating Water Research for a Clean Water Future Act of 2012 - Requires the President to begin to implement a National Water Research and Development Initiative through the National Science and Technology Council, the National Water Research Coordination Office, and federal agencies. Requires such Initiative to: (1) establish the goals, priorities, and metrics for the evaluation of federal water research and development and other activities related to water; (2) invest in research and development activities related to water to achieve the goals established under the National Water Research and Development Strategic Plan; and (3) provide for interagency coordination of such research, development, and activities undertaken pursuant to such Initiative. Sets forth minimum activities that the Initiative is required to carry out.
Requires such Council to: (1) oversee the planning, management, and coordination of such Initiative; (2) establish goals and priorities for the Initiative based on national needs; (3) coordinate all federal research, development, demonstration, data collection and dissemination, education, and technology development and transfer activities pertaining to water; (4) coordinate the Initiative's activities with the water-related research and development activities of the United States Global Change Research Program; (5) develop and submit an Annual National Water Research Report that analyzes the progress made toward achieving the goals and priorities established for the Initiative; (6) develop and update every three years a five-year National Water Research and Development Strategic Plan to guide the Initiative and prioritize its activities; and (7) through the Coordination Office, provide for public input and outreach to be integrated into the Initiative.
Requires the President to establish a National Water Research Coordination Office to: (1) support such Council and the National Water Research Initiative Advisory Committee; (2) serve as the primary point of contact on federal water research and development activities; (3) conduct public outreach; (4) solicit input and recommendations from stakeholders during the development of each Strategic Plan and Annual Report; and (5) promote access to and early application of innovations, best practices, and expertise derived from Initiative activities.
Establishes a National Water Research Initiative Advisory Committee to advise the President and the Council on matters relating to the Initiative.
|
{"src": "billsum_train", "title": "To implement a National Water Research and Development Initiative to ensure clean and reliable water for future generations, and for other purposes."}
| 2,801 | 440 | 0.715834 | 2.331385 | 0.971678 | 5.818182 | 6.356643 | 0.979021 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Surplus Federal Land Act of
2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Light station.--The term ``Light Station'' means the
Cape Arago Light Station on Chief's Island in the State of
Oregon.
(3) Maps.--The term ``maps'' means the maps filed under
section 3(d)
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Tribes.--The Term ``Tribes'' means the Confederated
Tribes of the Coos, Lower Umpqua, and Siuslaw Indians in the
State of Oregon.
SEC. 3. TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act and subject to subsection (c), the Commandant shall
transfer to the Secretary, to hold in trust for the benefit of the
Tribes, administrative jurisdiction over the Federal land described in
subsection (b).
(b) Description of Land.--The Federal land referred to in
subsection (a) consists of the parcels of Coast Guard land (including
any improvements to the land) comprising approximately 24 acres,
located in Coos County, Oregon, in the areas commonly known as
``Gregory Point'' and ``Chief's Island'', as depicted on the maps.
(c) Conditions.--
(1) Compliance with applicable law.--Before completing the
transfer of administrative jurisdiction under subsection (a),
the Commandant shall execute any actions required to comply
with applicable environmental and cultural resources laws.
(2) Trust status.--On transfer of administrative
jurisdiction over the land under subsection (a), the land
transferred to the Secretary shall be--
(A) held in trust by the United States for the
Tribes; and
(B) included in the reservation of the Tribes.
(3) Maintenance of cape arago light station.--
(A) In general.--The transfer of administrative
jurisdiction over the Light Station under subsection
(a) shall be subject to the conditions that the
Tribes--
(i) shall--
(I) use, and make reasonable
efforts to maintain, the Light Station
in accordance with--
(aa) the National Historic
Preservation Act (16 U.S.C. 470
et seq.);
(bb) the Secretary of the
Interior's Standards for the
Treatment of Historic
Properties under part 68 of
title 36, Code of Federal
Regulations; and
(cc) any other applicable
laws; and
(II) submit any proposed changes to
the Light Station for review and
approval by the Secretary, in
consultation with the Oregon State
Historic Preservation Officer, if the
Secretary determines that the changes
are consistent with--
(aa) section
800.5(a)(2)(vii) of title 36,
Code of Federal Regulations;
and
(bb) the Secretary of the
Interior's Standards for
Rehabilitation under section
67.7 of title 36, Code of
Federal Regulations;
(ii) shall make the Light Station available
to the general public for educational, park,
recreational, cultural, or historic
preservation purposes at times and under
conditions determined to be reasonable by the
Secretary;
(iii) shall not--
(I) sell, convey, assign, exchange,
or encumber the Cape Arago Light
Station (or any part of the Light
Station) or any associated historic
artifact conveyed in conjunction with
the transfer under subsection (a),
unless the sale, conveyance,
assignment, exchange, or encumbrance is
approved by Secretary; or
(II) conduct any commercial
activities at the Cape Arago Light
Station (or any part of the Light
Station) or in connection with any
historic artifact conveyed in
conjunction with the transfer under
subsection (a) in any manner, unless
the commercial activities are approved
by the Secretary; and
(iv) shall allow the United States, at any
time, to enter the Light Station without
notice, for purposes of ensuring compliance
with this section, to the extent that it is not
practicable to provide advance notice.
(B) Reversion.--If the Tribes fail to meet any
condition described in subparagraph (A), the Light
Station, or any associated historic artifact conveyed
in conjunction with the transfer under subsection (a),
shall, at the option of the Secretary--
(i) revert to the United States; and
(ii) be placed under the administrative
control of the Secretary.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Commandant shall file the maps
entitled ``Confederated Tribes of the Coos, Lower Umpqua, and
Siuslaw Land Transfer Maps'' and legal descriptions of the
parcels to be transferred under subsection (a) with--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) the Secretary.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Commandant may correct
any errors in the maps and legal descriptions.
(3) Availability.--Each map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate office of the Department of the
Interior.
(e) Easements.--The Coast Guard may retain easements or other
property interests as may be necessary across the property described in
subsection (b) to operate, maintain, relocate, install, improve,
replace, or remove any aid to navigation located on the land for such
period as the aid to navigation may be required by the Coast Guard.
(f) Tribal Fishing Rights.--No fishing rights of the Tribes that
are in existence on the date of enactment of this Act shall be
enlarged, impaired, or otherwise affected by the transfer of
administrative jurisdiction under subsection (a).
|
Oregon Surplus Federal Land Act of 2008 - Requires transfer of administrative jurisdiction over Coast Guard lands in Coos County, Oregon (including Cape Arago Light Station on Chief's Island), in the areas commonly known as Gregory Point and Chief's Island, to the Secretary of the Interior to hold in trust for the benefit of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians and to be included in the reservation of those tribes. Allows the Coast Guard to retain easements for access to aids to navigation.
|
{"src": "billsum_train", "title": "A bill to transfer surplus Federal land administered by the Coast Guard in the State of Oregon."}
| 1,383 | 126 | 0.636139 | 1.901828 | 0.653067 | 4.686869 | 12.727273 | 0.929293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Identity Theft Prevention
Act of 2012''.
SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON
MEDICARE CARDS.
(a) In General.--Section 205(c)(2)(C) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)) is amended--
(1) by moving clause (x), as added by section 1414(a)(2) of
the Patient Protection and Affordable Care Act, 2 ems to the
left;
(2) by redesignating clause (x), as added by section
2(a)(1) of the Social Security Number Protection Act of 2010,
and clause (xi) as clauses (xi) and (xii), respectively; and
(3) by adding at the end the following new clause:
``(xiii) The Secretary of Health and Human Services, in
consultation with the Commissioner of Social Security, shall establish
cost-effective procedures to ensure that a Social Security account
number (or derivative thereof) is not displayed, coded, or embedded on
the Medicare card issued to an individual who is entitled to benefits
under part A of title XVIII or enrolled under part B of title XVIII and
that any other identifier displayed on such card is not identifiable as
a Social Security account number (or derivative thereof).''.
(b) Implementation.--In implementing clause (xiii) of section
205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as
added by subsection (a)(3), the Secretary of Health and Human Services
shall establish a cost-effective process that involves the least amount
of disruption to Medicare beneficiaries and health care providers. The
Secretary shall consider implementing a process, similar to the process
involving Railroad Retirement Board beneficiaries, under which a
Medicare beneficiary identifier which is not a Social Security account
number (or derivative thereof) is used external to the Department of
Health and Human Services and is convertible over to a Social Security
account number (or derivative thereof) for use internal to such
Department and the Social Security Administration.
(c) Effective Date.--
(1) In general.--Clause (xiii) of section 205(c)(2)(C) of
the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by
subsection (a)(3), shall apply with respect to Medicare cards
issued on and after an effective date specified by the
Secretary of Health and Human Services, but in no case shall
such effective date be later than the date that is 3 years
after the date of the enactment of this Act.
(2) Reissuance.--The Secretary--
(A) shall provide for the reissuance of Medicare
cards that comply with the requirements of such clause
not later than 3 years after the effective date
specified by the Secretary under paragraph (1); and
(B) may permit an individual to apply for the
reissuance of a Medicare card that complies with such
requirements before the date of reissuance otherwise
provided under subparagraph (A) in such exceptional
circumstances as the Secretary may specify.
(d) Funding.--
(1) Offset from mif.--Amounts in the Medicare Improvement
Fund under section 1898 of the Social Security Act (42 U.S.C.
1395iii) that are available for expenditures from the Fund for
services furnished in a fiscal year (through fiscal year 2020)
shall be available for transfer to the Centers for Medicare &
Medicaid Services Program Management Account as the Secretary
of Health and Human Services determines necessary to offset the
costs incurred by the Secretary (including costs under the
agreement described in paragraph (2)(A)) in such fiscal year
(or a previous fiscal year) in implementing clause (xiii) of
section 205(c)(2)(C) of such Act (42 U.S.C. 405(c)(2)(C)), as
added by subsection (a)(3), and this section.
(2) Availability of funding for the social security
administration.--
(A) Funding under agreement.--The Commissioner of
Social Security and the Secretary of Health and Human
Services shall enter into and maintain an agreement
which shall--
(i) provide funds to the Commissioner, at
scheduled intervals as specified in the
agreement, for the full costs of the
responsibilities of the Commissioner under this
section; and
(ii) require an annual accounting and
reconciliation of the actual costs incurred and
the funds provided under the agreement.
(B) Availability of funds.--Amounts transferred to
the Centers for Medicare & Medicaid Services Program
Management Account under paragraph (1) shall be
available to the Secretary of Health and Human Services
to carry out the agreement under subparagraph (A) and
the Secretary shall provide funds to the Commissioner
as required under such agreement.
(e) Accountability.--
(1) Accounting of expenditures.--The Secretary of Health
and Human Services and the Commissioner of Social Security
shall--
(A) keep a detailed accounting of expenditures
associated with the implementation of such clause and
this section; and
(B) submit a report on such expenditures to the
Committee on Ways and Means of the House of
Representatives, the Committee on Finance of the
Senate, and the Comptroller General of the United
States, on a semi-annual basis, in each of fiscal years
2013 through 2021.
(2) Audit.--The Comptroller General shall conduct a semi-
annual financial audit of the expenditures of the Department of
Health and Human Services and of the Social Security
Administration during such fiscal years in implementing such
clause and this section. Each such audit shall include an
examination of whether funds made available under subsection
(d) are used solely for the purpose described in such
subsection.
SEC. 3. MEDICARE SMART CARD TECHNOLOGY STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States shall
conduct a study that examines whether the Medicare program should use
smart card technology for Medicare beneficiary cards and for provider
membership cards.
(b) Details of Study.--Such study shall include an examination of
the following:
(1) Potential levels of provider investment required to use
cards with such technology in various care settings.
(2) Systems-related and implementation-related costs to the
Medicare program to use such technology.
(3) The extent to which private insurance companies have
adopted or considered such technology and their reasons for
adoption or non-adoption of such technology.
(4) The extent to which use of cards with such technology
would--
(A) reduce the potential for identity theft and
other unlawful use of Medicare beneficiary and provider
identifying information;
(B) increase the quality of care furnished to
Medicare beneficiaries;
(C) improve the accuracy and efficiency in the
billing for Medicare items and services furnished by
Medicare providers;
(D) reduce waste, fraud, and abuse in the Medicare
program; and
(E) impact the ability of Medicare beneficiaries to
access services.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall submit to the Committees on
Ways and Means and Energy and Commerce of the House of Representatives
and the Committee on Finance of the Senate a report on the study
conducted under this section. Such report may include recommendations
regarding the use of smart card technology under the Medicare program.
Passed the House of Representatives December 20, 2012.
Attest:
KAREN L. HAAS,
Clerk.
|
Medicare Identity Theft Prevention Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is easily identifiable as not being the Social Security account number (or a derivative).
Requires the Secretary, in implementing this Act, to: (1) establish a cost-effective process that involves the least amount of disruption to Medicare beneficiaries and health care providers; and (2) consider implementing a process similar to the one involving Railroad Retirement Board beneficiaries under which the Medicare beneficiary identifier used is not a Social Security account number (or derivative), is external to HHS, and is convertible over to a Social Security account number (or derivative) for use internal to HHS and the Social Security Administration.
Applies these requirements to Medicare cards issued on and after an effective date, specified by the Secretary, which shall not be later than three years after enactment of this Act. Requires reissuance of existing Medicare cards within those three years to comply with this Act, but also permits individuals to apply for reissuance earlier than the official reissuance date. Makes amounts from the Medicare Improvement Fund available for transfer to the Centers for Medicare & Medicaid Services (CMS) Program Management Account to offset the costs of implementing this Act. Requires the Commissioner of Social Security and the Secretary to enter into an agreement for such funding, and keep a detailed accounting for submission to Congress. Directs the Comptroller General (GAO) to examine whether the Medicare program should use smart card technology for Medicare beneficiary cards and provider membership cards.
|
{"src": "billsum_train", "title": "To amend title II of the Social Security Act to prohibit the inclusion of Social Security account numbers on Medicare cards."}
| 1,657 | 424 | 0.70671 | 2.314969 | 0.869144 | 4.07754 | 3.975936 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chemical Safety Information and Site
Security Act of 1999''.
SEC. 2. PUBLIC AVAILABILITY OF ANALYSIS.
(a) Definitions.--
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Risk management plan.--The term ``risk management
plan'' means a risk management plan submitted by an owner or
operator of a stationary source pursuant to section
112(r)(7)(B) of the Clean Air Act.
(3) Off-site consequence analysis information.--The term
``off-site consequence analysis information'' means those
portions of a risk management plan, excluding the executive
summary of such plan, consisting of an evaluation of one or
more worst-case scenario or alternative scenario accidental
releases of extremely hazardous substances listed pursuant to
section 112(r)(3) of the Clean Air Act.
(4) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and Indian tribes as defined in section 102(2)
of the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a(2)).
(b) Exemption From Freedom of Information Act.--Off-site
consequence analysis information or information derived therefrom,
shall not be made available under section 552 of title 5, United States
Code. Nothing in this section shall affect the obligation of the
Administrator under section 112(r)(7)(B)(iii) of the Clean Air Act to
make available off-site consequence analysis information, or
information derived therefrom, except as provided in subsection (c) of
this section.
(c) Distribution of Off-Site Consequence Analysis Information.--
(1) No officer or employee of the United States shall make
available in an electronic form off-site consequence analysis
information except as provided in paragraphs (2), (6), and (7)
of this subsection and subsection (e) of this section.
(2) The Administrator may make available in an electronic
form off-site consequence analysis information to a State or
local government officer or employee only for official use.
(3)(A) In response to any request for off-site consequence
analysis information, including a request for risk management
plans, the Administrator shall provide a copy of off-site
consequence analysis information, but only in paper form. The
conditions under which it shall be made available, including,
but not limited to, the maximum number of requests any single
requester can make, and the maximum number of stationary
sources for which off-site consequence analysis information may
be made available in response to any single request, shall be
determined by the Administrator in implementing guidance,
pursuant to subsection (d)(1) of this section. An officer or
employee of the United States may not otherwise distribute off-
site consequence analysis information in paper form, except as
provided in paragraphs (4) and (6) of this subsection, and
subsection (e) of this section.
(B) Consistent with this paragraph, the Administrator shall
promptly respond to off-site consequence analysis information
requests. The Administrator may levy a fee applicable to
processing requests that recovers the Administrator's cost of
processing such requests and reproducing such information in
paper form.
(4) At the request of a State or local government officer
acting in his or her official capacity, the Administrator may
provide to such officer in paper form, only for official use,
the off-site consequence analysis information submitted for the
stationary sources located in the State in which the State or
local government officer serves.
(5) Notwithstanding any provision of State or local law,
and except as provided in subsection (e)(2) of this section, an
officer or employee of a State or local government may make
off-site consequence analysis information available only to the
extent officers or employees of the United States would be
permitted to make such information available, consistent with
the guidance and any regulations issued pursuant to this
section, except that a State or local government officer or
employee may only make available such information that concerns
stationary sources located in the State in which the officer or
employee serves.
(6) The Administrator shall ensure that every risk
management plan submitted to the Environmental Protection
Agency is available in paper or electronic form for public
inspection, but not copying, during normal business hours,
including in Government Printing Office depository libraries.
For purposes of this paragraph, the Administrator may make risk
management plans available in electronic form only if the
electronic form does not provide an electronic means of ranking
stationary sources based on off-site consequence analysis information.
The Government Printing Office shall assist the Administrator in
implementing this paragraph. There are authorized to be appropriated to
the Administrator and to the Government Printing Office such sums as
may be necessary, to be available until expended, to carry out this
paragraph.
(7) After consulting with other appropriate Federal
agencies, the Administrator may make off-site consequence
analysis information available to the public in an electronic
form that does not include information concerning the identity
or the location of the stationary sources for which the
information was submitted. No other officer or employee of the
United States, nor any officer or employee of a State or local
government, may make off-site consequence analysis information
available to the public in such form except as authorized by
the Administrator.
(8) Any officer or employee of the United States, or any
officer or employee of a State or local government, who
knowingly violates a restriction or prohibition established by
this subsection shall be fined under section 3571 of title 18,
United States Code, imprisoned for not more than one year, or
both.
(9) The Administrator may collect and maintain records that
reflect the identity of individuals and persons seeking access
to information under this section only to the extent that such
collection and maintenance is relevant and necessary to
accomplish a legal purpose of the Environmental Protection
Agency that is required to be accomplished by statute or by
executive order of the President. Any such records shall be
subject to section 552a of title 5, United States Code. An
officer or employee of a State or local government may collect
and maintain records identifying individuals and persons
seeking access to information under this section only to the
extent that such collection and maintenance is relevant and
necessary to accomplish a legal purpose of their employing
agency that is required to be accomplished by State statute.
(d) Implementing Guidance and Additional Authorities.--
(1) Within 60 days of the enactment of this provision, the
Administrator shall issue guidance setting forth procedures and
methods for making off-site consequence analysis information
available to the public consistent with the provisions of this
section. The Administrator shall consult with other appropriate
Federal agencies in developing the guidance. The Administrator
may revise such guidance, as circumstances warrant, in
consultation with the appropriate Federal agencies. Guidance
issued pursuant to this subsection, and any revision thereof,
shall not be subject to judicial review. The Administrator may
issue regulations in place of such guidance to the extent the
Administrator deems appropriate.
(2) The Administrator is authorized to prescribe such
regulations as are necessary to carry out the Administrator's
functions under this section. The Administrator may delegate to
any officer or employee of the Environmental Protection Agency
such of the Administrator's powers or duties under this section
as the Administrator may deem necessary or expedient.
Regulations issued pursuant to this subsection shall be subject
to judicial review to the same extent and in the same manner as
regulations issued pursuant to section 112(r)(7) of the Clean
Air Act.
(e) Agents and Contractors.--
(1) An officer or employee of the United States may make
off-site consequence analysis information available in any form
to officers and employees of agents and contractors of a
Federal Government office only for official use. For purposes
of this section, such officers and employees of agents and
contractors shall be treated as officers and employees of the
United States and shall be subject to the same restrictions and
sanctions as apply to officers and employees of the United
States under this section.
(2) An officer or employee of a State or local government
may make off-site consequence analysis information available in
any form to officers and employees of agents and contractors of
the State or local government only for official use. For
purposes of this section, such officers and employees of agents
and contractors shall be treated as officers and employees of
the State or local government and shall be subject to the same
restrictions and sanctions as apply to officers and employees
of the State or local government under this section.
(f) Order Authority.--The Administrator may exercise the authority
provided under section 112(r)(9) of the Clean Air Act to withhold, or
prevent the release of, off-site consequence analysis information when
the Administrator determines that release of such information may
present an imminent and substantial endangerment to human health or
welfare or the environment.
(g) Separability of Provisions.--If any provision of this section
is held invalid, the remainder of this section shall not be affected
thereby.
SEC. 3. SITE SECURITY STUDY AND RECOMMENDATIONS.
Subject to the availability of appropriations, the Attorney
General, utilizing available data to the extent possible and in
consultation with appropriate governmental agencies, affected industry,
and the public, may review current industry practices regarding site
security and the effectiveness of this Act. The Attorney General may
periodically report to Congress regarding recommendations related to
enhancing site security practices and the need for continued
implementation or modification of this Act.
|
Chemical Safety Information and Site Security Act of 1999 - Prohibits off-site consequence analysis information (portions of risk management plans submitted by certain stationary sources under the Clean Air Act evaluating worst-case or alternative scenario accidental releases of extremely hazardous substances) from being available under Federal freedom of information provisions.
Bars Federal employees from making such information available in an electronic form, except as otherwise provided by this Act.
Authorizes the Administrator of the Environmental Protection Agency (EPA) to make such information available in an electronic form to State or local government employees for official use only. Directs the Administrator, in response to any request for such information, including requests for risk management plans, to provide such information but only in paper form. Permits the Administrator, at the request of a State or local government officer, to provide information submitted for the stationary sources in the State in which such officer serves for official use only. Allows State or local employees to make such information available to the same extent as Federal employees are so allowed.
Requires the Administrator to ensure that all risk management plans are publicly available in paper or electronic form for inspection, but not copying, during normal business hours. Permits such plans to be available in electronic form only if such form does not provide an electronic means of ranking stationary sources based on off-site consequence analysis information. Authorizes appropriations.
Permits the Administrator to make such information publicly available in an electronic form that excludes information concerning the identity or location of the sources for which the information was submitted. Prohibits Federal, State, or local government employees from making such information publicly available in such form except as authorized by the Administrator.
Imposes criminal penalties on Federal, State, or local government employees who knowingly violate a restriction or prohibition established by this Act.
Permits the Administrator to collect and maintain records that reflect the identity of persons seeking access to information under this Act only to the extent that such actions are relevant and necessary to accomplish an EPA purpose required to be accomplished by statute or executive order. Prescribes a parallel provision for records collected by State or local agencies.
Permits off-site consequence analysis information to be available in any form for official use of Federal contractors. Makes contractors subject to the same restrictions and sanctions applicable to Federal employees under this Act. Sets forth parallel provisions regarding State and local government contractors.
Authorizes the Administrator to withhold, or prevent the release of, off-site consequence analysis information if the release may present an imminent and substantial endangerment to human health or welfare or the environment.
(Sec. 3) Permits the Attorney General, subject to the availability of appropriations, to review industry practices regarding site security and the effectiveness of this Act. Authorizes the Attorney General to submit periodic recommendations to Congress relating to the enhancement of site security practices and the need for continued implementation or modification of this Act.
|
{"src": "billsum_train", "title": "Chemical Safety Information and Site Security Act of 1999"}
| 2,008 | 610 | 0.656384 | 2.073053 | 0.768703 | 3.881625 | 3.507067 | 0.90636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Childhood Adoption Act of 2005''.
SEC. 2. INCREASE IN ALLOWABLE EXPENSES FOR ADOPTION; ADOPTION CREDIT
MADE REFUNDABLE.
(a) Increase in Dollar Limitation.--
(1) Adoption credit.--
(A) In general.--Paragraph (1) of section 23(b) of
the Internal Revenue Code of 1986 (relating to dollar
limitation) is amended by striking ``$10,000'' and
inserting ``$15,000''.
(B) Child with special needs.--Paragraph (3) of
section 23(a) of such Code (relating to $10,000 credit
for adoption of child with special needs regardless of
expenses) is amended--
(i) in the text by striking ``$10,000'' and
inserting ``$15,000'', and
(ii) in the heading by striking ``$10,000''
and inserting ``$15,000''.
(C) Conforming amendment to inflation adjustment.--
Subsection (h) of section 23 of such Code (relating to
adjustments for inflation) is amended to read as
follows:
``(h) Adjustments for Inflation.--
``(1) Dollar limitations.--In the case of a taxable year
beginning after December 31, 2005, each of the dollar amounts
in subsections (a)(3) and (b)(1) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2004' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the nearest
multiple of $10.
``(2) Income limitation.--In the case of a taxable year
beginning after December 31, 2002, the dollar amount in
subsection (b)(2)(A)(i) shall be increased by an amount equal
to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2001' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the nearest
multiple of $10.''.
(2) Adoption assistance programs.--
(A) In general.--Paragraph (1) of section 137(b) of
the Internal Revenue Code of 1986 (relating to dollar
limitation) is amended by striking ``$10,000'' and
inserting ``$15,000''.
(B) Child with special needs.--Paragraph (2) of
section 137(a) of such Code (relating to $10,000
exclusion for adoption of child with special needs
regardless of expenses) is amended--
(i) in the text by striking ``$10,000'' and
inserting ``$15,000'', and
(ii) in the heading by striking ``$10,000''
and inserting ``$15,000''.
(C) Conforming amendment to inflation adjustment.--
Subsection (f) of section 137 of such Code (relating to
adjustments for inflation) is amended to read as
follows:
``(f) Adjustments for Inflation.--
``(1) Dollar limitations.--In the case of a taxable year
beginning after December 31, 2005, each of the dollar amounts
in subsections (a)(2) and (b)(1) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2004' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the nearest
multiple of $10.
``(2) Income limitation.--In the case of a taxable year
beginning after December 31, 2002, the dollar amount in
subsection (b)(2)(A)(i) shall be increased by an amount equal
to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2001' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the nearest
multiple of $10.''.
(b) Credit Made Refundable.--
(1) Credit moved to subpart relating to refundable
credits.--The Internal Revenue Code of 1986 is amended--
(A) by redesignating section 36 as section 37,
(B) by redesignating section 23, as amended by
subsection (a), as section 36, and
(C) by moving section 36 (as so redesignated) from
subpart A of part IV of subchapter A of chapter 1 to
the location immediately before section 37 (as so
redesignated) in subpart C of part IV of subchapter A
of chapter 1.
(2) Conforming amendments.--
(A) Section 24(b)(3)(B) of such Code is amended by
striking ``and sections 23'' and inserting ``section''.
(B) Section 25(e)(1)(C) of such Code is amended by
striking ``23,''.
(C) Section 25B(g)(2) of such Code is amended by
striking ``and section 23''.
(D) Section 137 of such Code is amended--
(i) in subsection (d) by striking ``section
23(d)'' and inserting ``section 36(d)'', and
(ii) in subsection (e) by striking
``section 23'' and inserting ``section 36''.
(E) Section 1400C(d) of such Code is amended by
striking ``23, 24,'' and inserting ``24''.
(F) The table of sections for subpart A of part IV
of subchapter A of chapter 1 of such Code of 1986 is
amended by striking the item relating to section 23.
(G) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting ``or 36''
after ``section 35''.
(H) 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 striking the last item and
inserting the following new items:
``Sec. 36. Adoption expenses.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. INCREASE IN ADOPTION INCENTIVE PAYMENTS.
(a) In General.--Section 473A(d)(1) of the Social Security Act (42
U.S.C. 673a(d)(1)) is amended--
(1) in subparagraph (A), by striking ``$4,000'' and
inserting ``$8,000'';
(2) in subparagraph (B), by striking ``$2,000'' and
inserting ``$8,000''; and
(3) in subparagraph (C), by striking ``$4,000'' and
inserting ``$8,000''.
(b) Increased Program Funding.--Section 473A(h)(1) of such Act (42
U.S.C. 673a(h)(1)) is amended--
(1) in subparagraph (C), by striking ``and'';
(2) in subparagraph (D), by striking ``through 2008.'' and
inserting ``and 2005; and''; and
(3) by adding at the end the following:
``(E) $86,000,000 for each of fiscal years 2006
through 2008.''.
|
Childhood Adoption Act of 2005 - Amends the Internal Revenue Code to: (1) increase the tax credit for adoption expenses from $10,000 to $15,000; (2) make such tax credit refundable; and (3) increase the exclusion from gross income for employer-paid adoption expenses from $10,000 to $15,000.
Amends title IV, part E (Federal Payments for Foster Care and Adoption Assistance) of the Social Security Act to increase: (1) levels of adoption incentive payments payable to States under the adoption assistance program; and (2) funding for adoption incentive payments for FY 2006 through 2008.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand the incentives for adoption and to amend part E of title IV of the Social Security Act to increase adoptive incentive payments."}
| 1,886 | 118 | 0.599063 | 1.429643 | 0.53437 | 2 | 13.907563 | 0.890756 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) Ukraine has adopted administrative procedures that
accord its citizens the right to emigrate, travel freely, and
to return to their country without restriction, and has been
found to be in full compliance with the freedom of emigration
requirements under title IV of the Trade Act of 1974 since
1997;
(2) since reestablishing independence in 1991, Ukraine has
taken important steps toward the establishment of a genuine
democracy, and the people of Ukraine deserve praise for
demonstrating a deep commitment to democracy through peaceful
civil action;
(3) Ukraine has demonstrated a commitment to adopting the
full range of internationally recognized core labor standards
and to continue to improve the effective enforcement of its
laws reflecting such standards;
(4) as a participating state of the Organization for
Security and Cooperation in Europe (OSCE), Ukraine has
committed to developing a system of governance in accordance
with the provisions of the Final Act of the Conference on
Security and Cooperation in Europe (also known as the
``Helsinki Final Act'') and successive documents regarding
human rights and humanitarian affairs, including respect for
freedom of the media;
(5) Ukraine has endeavored to address issues related to its
national and religious minorities and, as a member state of the
OSCE, has committed to adopting special measures for ensuring
that persons belonging to national minorities have full
equality both individually and communally;
(6) Ukraine has enacted legislation providing protection
against incitement to violence against persons or groups based
on national, racial, ethnic, or religious discrimination,
including anti-Semitism, and has committed itself, including
through a letter to the President of the United States, to
ensuring freedom of religion and combating racial and ethnic
intolerance and hatred;
(7) Ukraine has continued to return communal properties
confiscated from national and religious minorities during the
Soviet era, facilitating the reemergence of these communities
in the national life of Ukraine, and remains committed, through
a letter to the President of the United States, to establishing
the legal framework for completion of this process in the
future;
(8) Ukraine has taken important steps toward the creation
of a free market economic system and has received normal trade
relations treatment since concluding a bilateral trade
agreement with the United States that entered into force on
June 23, 1992; and
(9) Ukraine is seeking admission to the World Trade
Organization, which would be a welcome step, recognizing that
many issues remain to be resolved, including protection of
intellectual property rights, access for United States
agricultural products, tariff and excise tax reductions for
goods (including automobiles), access for financial services
providers of the United States, elimination of export
incentives for industrial goods, and reform of customs
procedures and other nontariff barriers.
SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974
TO UKRAINE.
(a) Presidential Determination and Extension of Unconditional and
Permanent Nondiscriminatory Treatment.--Notwithstanding any provision
of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
President may--
(1) determine that such title should no longer apply to
Ukraine; and
(2) after making a determination under paragraph (1) with
respect to Ukraine, proclaim the extension of unconditional and
permanent nondiscriminatory treatment (permanent normal trade
relations treatment) to the products of that country.
(b) Termination of Application of Title IV.--On and after the
effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of Ukraine, chapter 1 of
title IV of the Trade Act of 1974 shall cease to apply to that country.
SEC. 3. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 23, 1992,
BILATERAL TRADE AGREEMENT.
The Congress finds that the trade agreement between the United
States and Ukraine that entered into force on June 23, 1992, remains in
force between the 2 countries and provides the United States with
important rights, including the right to use specific safeguard rules
to respond to import surges from Ukraine, recognizing that these rights
may terminate upon Ukraine's accession to the WTO.
SEC. 4. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION
NEGOTIATIONS.
(a) Notice of Agreement on Accession to WTO by Ukraine.--Not later
than 5 days after the date on which the United States has entered into
a bilateral agreement with Ukraine on the terms of accession by Ukraine
to the World Trade Organization, the President shall so notify the
Congress, and the President shall transmit to the Congress, not later
than 15 days after that agreement is entered into, a report that sets
forth the provisions of that agreement.
(b) Congressional Oversight Resolution.--
(1) Introduction.--If a Congressional Oversight Resolution
is introduced in the House of Representatives or the Senate
during the 30-day period (excluding any day described in
section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)),
beginning on the date on which the President first notifies the
Congress under subsection (a) of the agreement referred to in
that subsection, that Congressional Oversight Resolution shall
be considered in accordance with this subsection.
(2) Congressional oversight resolution.--In this
subsection, the term ``Congressional Oversight Resolution''
means only a joint resolution of the two Houses of the
Congress, the matter after the resolving clause of which is as
follows: ``That it is the sense of the Congress that the
agreement between the United States and Ukraine on the terms of
accession by Ukraine to the World Trade Organization, of which
Congress was notified on ____, does not adequately advance the
interests of the United States.'', with the blank space being
filled with the appropriate date.
(3) Procedures for considering resolution.--The provisions
of subparagraphs (B), (C), and (D)(i) and (ii) of paragraph (5)
of section 2103(c) of the Trade Act of 2002 shall apply to
Congressional Oversight Resolutions to the same extent as such
provisions apply to resolutions under such paragraph.
|
Authorizes the President to extend unconditional and permanent nondiscriminatory (permanent normal trade relations) treatment to the products of the Ukraine.
Declares congressional findings that the 1992 trade agreement between the United States and Ukraine remains in force between the two countries and provides the United States with important rights, including the right to use specific safeguard rules to respond to import surges from Ukraine, recognizing that these rights may terminate upon Ukraine's accession to the World Trade Organization (WTO).
Sets forth procedures with respect to: (1) notification by the President to Congress regarding U.S. entry into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the WTO; (2) a congressional oversight resolution regarding such agreement; and (3) procedures for consideration of the resolution.
|
{"src": "billsum_train", "title": "To authorize the extension of unconditional and permanent nondiscriminatory treatment (permanent normal trade relations treatment) to the products of Ukraine, and for other purposes."}
| 1,343 | 163 | 0.523774 | 1.567181 | 0.754284 | 5.101351 | 8.385135 | 0.952703 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Monument Designation
Transparency and Accountability Act of 2010''.
SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS.
Section 2 of the Act of June 8, 1906 (16 U.S.C. 431), popularly
known as the ``Antiquities Act of 1906'', is amended--
(1) by striking ``That the President'' and inserting ``(a)
In General.--Subject to the requirements of this section, the
President''; and
(2) in subsection (a) (as so designated)--
(A) by striking ``compatible with'' and inserting
``essential to ensure''; and
(B) by striking ``Provided, That when'' and
inserting ``When''.
SEC. 3. NATIONAL MONUMENT DESIGNATION PROCEDURES.
Section 2 of the Act of June 8, 1906 (16 U.S.C. 431), is further
amended by adding at the end the following:
``(b) National Monument Designation Procedures.--
``(1) Precondition to proclamation.--The President may not
issue a proclamation to designate a national monument under
subsection (a) before the last day of the 30-day period
beginning on the date on which the President provides the
language of the proposed proclamation to Congress and to the
Governor of each State, the chief elected official of each unit
of local government, and the governing entity of each tribal
government with jurisdiction over parcels of land located
within the boundaries of the proposed national monument.
``(2) Public participation.--
``(A) Public hearing requirement.--
``(i) In general.--Subject to clause (iv),
not later than 90 days after the date on which
the President issues a proclamation under
subsection (a), the Secretary of the Interior
shall hold not fewer than one public hearing
within a county (or comparable unit of local
government) located wholly or in part within
the boundaries of the national monument. The
Secretary shall ensure that all interested
individuals are afforded an opportunity to
participate in a hearing held under this
subparagraph.
``(ii) Comments.--The Secretary of the
Interior shall solicit comments from the public
at a hearing held under clause (i), and shall
enter all comments received at or related to
such hearing into the record of the hearing.
``(iii) Availability of record.--The
Secretary of the Interior shall promptly make
the record of a hearing held under clause (i),
including a transcript of the hearing,
available to the public on the Internet or by
other electronic means. The Secretary shall
ensure that any components of the record that
are completed before the entire record is
finalized are made available upon their
completion.
``(iv) Waiver.--The Secretary of the
Interior may decline to hold a public hearing
under clause (i) if each unit of local and
tribal government located wholly or in part
within the boundaries of the national monument
expressly waives the right to such hearing.
``(B) Notice and comment period requirement.--Not
later than 30 days after the date on which the
President issues a proclamation under subsection (a),
the Secretary of the Interior shall initiate a notice
and comment period to receive comments from the public
regarding the proclamation.
``(C) Report.--
``(i) Contents.--Not later than one year
after issuing a proclamation to designate a
national monument under subsection (a), the
President shall submit to Congress a report
containing the following:
``(I) An analysis of the economic
impact of the designation on the
communities within the boundaries of
the monument, including an estimate of
the tax revenues that will be lost to,
or gained for, the Federal, State, and
local governments as a result of the
designation.
``(II) An analysis of the impact
the designation will have on the
Nation's energy security, including the
effects of the loss of sites to produce
wind, geothermal, or solar energy, and
the number of barrels of oil, tons of
coal, or cubic feet of natural gas that
will become unavailable as a result of
the proclamation.
``(III) The projected impact of the
designation on interests, rights, and
uses associated with the parcels of
land within the boundaries of the
monument, including water rights,
hunting, grazing, timber production,
vegetation manipulation to maintain
forest health, off-road vehicle use,
hiking, horseback riding, and mineral
and energy leases, claims, and permits.
``(IV) The record of any hearings
held under subparagraph (A).
``(V) Any written comments received
during the notice and comment period
conducted under subparagraph (B).
``(ii) Publication.--The President shall
ensure that a report submitted to Congress
under clause (i) is published on the White
House Internet website upon completion. The
President shall further ensure that any
components of the report that are completed
before the entire report is finalized and
submitted to Congress are published on the
White House Internet website upon their
completion.
``(D) Implementation guidelines.--The Secretary of
the Interior, in cooperation with the States, shall
develop and publish guidelines to provide for the
implementation of this paragraph.
``(3) Congressional approval of proclamation.--
``(A) Approval required.--A proclamation issued
under subsection (a) shall cease to be effective
following the last day of the 2-year period beginning
on the date on which the President issued the
proclamation, unless the proclamation is approved by an
Act of Congress on or before that last day.
``(B) Management of land before approval.--During
the period between the issuance of a proclamation under
subsection (a) and the approval of the proclamation
under subparagraph (A), the President shall ensure that
any restriction placed on land and interests, rights,
or uses associated with the parcels of land designated
as a national monument, including water rights,
hunting, grazing, timber production, vegetation
manipulation to maintain forest health, off-road
vehicle use, hiking, horseback riding, and mineral and
energy leases, claims, and permits, is narrowly
tailored and essential to the proper care and
management of the objects to be protected.
``(C) Effect of nonapproval.--If Congress does not
approve a proclamation to designate a national monument
under subparagraph (A), any reservation of land made by
such proclamation, and any restriction imposed as a
result of such proclamation on interests, rights, or
uses associated with the parcels of land, shall cease
to be effective following the last day of the 2-year
period referred to in subparagraph (A).
``(D) Prohibition on repeat proclamations.--The
President may not issue a proclamation that is
substantially similar to a proclamation previously
issued under subsection (a) that Congress has not
approved under subparagraph (A).''.
SEC. 4. LIMITATION ON RESTRICTIONS.
Section 2 of the Act of June 8, 1906 (16 U.S.C. 431), is further
amended by adding at the end the following:
``(c) Limitation on Restrictions.--The President shall ensure that
any restriction placed on land and interests, rights, or uses
associated with the parcels of land designated as a national monument
by a proclamation issued under this section is narrowly tailored and
essential to the proper care and management of the objects to be
protected.''.
|
National Monument Designation Transparency and Accountability Act of 2010 - Amends the Antiquities Act of 1906 to require land reserved as part of a national monument to be confined to the smallest area essential to ensure the proper care and management of the objects of historic or scientific interest protected by the monument.
Sets forth procedures for the designation of national monuments under this Act.
Bars the President from issuing a proclamation to designate a national monument under this Act before the final day of a 30-day period beginning when the language of the proposed proclamation is provided by the President to Congress, the governor of each state, and specified local and tribal government officials having jurisdiction over land within the proposed monument.
Requires at least one public hearing and a notice and comment period after the issuance of a proclamation to designate a national monument. Requires the President to report to Congress on any hearings held, any written comments received, and the impact of such designation on communities within the boundaries of the monument, the nation's energy security, and interests, rights, and uses associated with the land within the monument.
Makes a proclamation ineffective two years following its issuance, unless it is approved by an Act of Congress.
Bars the issuance of a proclamation which is substantially similar to a previously issued proclamation that Congress has not approved.
|
{"src": "billsum_train", "title": "To amend the Act popularly known as the Antiquities Act of 1906 to require certain procedures for designating national monuments, and for other purposes."}
| 1,670 | 302 | 0.652068 | 1.693765 | 0.784137 | 2.786561 | 6.177866 | 0.897233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homestead Steel Works National
Historic Site Act''.
SEC. 2. FINDINGS, PURPOSES, AND DEFINITIONS.
(a) Findings.--The Congress finds the following:
(1) Certain sites and structures in the Commonwealth of
Pennsylvania symbolize in physical form the heritage of the
steel industry of the United States.
(2) A very large proportion of the buildings and other
structures in the Commonwealth of Pennsylvania are nationally
significant historical resources, including the United States
Steel Homestead Works, the Carrie Furnace complex, and the Hot
Metal Bridge.
(3) Despite substantial efforts for cultural preservation
and historical interpretation by the Commonwealth of
Pennsylvania and by individuals and public and private entities
in the Commonwealth, these buildings and other structures may
be lost without the assistance of the Federal Government.
(b) Purposes.--The purposes of this Act are to ensure the
preservation, interpretation, visitor enjoyment, and maintenance of the
nationally significant historical and cultural sites and structures
described in subsection (a) for the benefit and inspiration of present
and future generations.
(c) Definitions.--In this Act:
(1) Historic site.--The term ``historic site'' means the
Homestead Steel Works National Historic Site established by
section 3.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. HOMESTEAD STEEL WORKS NATIONAL HISTORIC SITE.
(a) Establishment.--There is established in the Commonwealth of
Pennsylvania the Homestead Steel Works National Historic Site as a unit
of the National Park System.
(b) Description.--The historic site shall be comprised of the
following properties, each of which relate to the former United States
Steel Homestead Works:
(1) The historic location of the Battle of Homestead site
in the borough of Munhall, Pennsylvania, consisting of
approximately 3 acres of land, including the pumphouse and
water tower and related structures, within the property bounded
by the Monongahela River, the CSX railroad, Waterfront Drive,
and the Damascus-Marcegaglia Steel Mill.
(2) The historic location of the Carrie Furnace complex in
the boroughs of Swissvale and Rankin, Pennsylvania, consisting
of approximately 35 acres of land, including blast furnaces 6
and 7, the ore yard, the cast house, the blowing engine house,
the AC power house, and related structures, within the property
bounded by the proposed southwesterly right-of-way line needed
to accommodate the Mon/Fayette Expressway and the relocated CSX
railroad right-of-way, the Monongahela River, and a property
line drawn northeast to southwest approximately 100 yards east
of the AC power house.
(3) The historic location of the Hot Metal Bridge,
consisting of the Union railroad bridge and its approaches,
spanning the Monongahela River and connecting the mill sites in
the boroughs of Rankin and Munhall, Pennsylvania.
(4) All other property included in the historic site by
Federal law or acquired by the Secretary for inclusion in the
historic site pursuant to section 4 or other Federal law.
SEC. 4. ACQUISITION OF PROPERTY.
To further the purposes of this Act, the Secretary may acquire, by
donation, property for inclusion in the historic site as follows:
(1) Any land or interest in land with respect to the
property identified in paragraphs (1), (2), or (3) of section
3(b).
(2) Up to 10 acres of land adjacent to or in the general
proximity of the property identified in paragraphs (1), (2), or
(3) of section 3(b), for the development of visitor,
administrative, museum, curatorial, and maintenance facilities.
(3) Personal property associated with, and appropriate for,
the interpretation of the historic site.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary shall administer the historic site
in accordance with this Act and the provisions of law generally
applicable to units of the National Park System, including the Act of
August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935
(16 U.S.C. 461 et seq.).
(b) Cooperative Agreements.--
(1) In general.--To further the purposes of this Act, the
Secretary may enter into a cooperative agreement with any
interested individual, public or private agency, organization,
or institution.
(2) Contrary purposes.--Any payment made by the Secretary
pursuant to a cooperative agreement under this subsection shall
be subject to an agreement that conversion, use, or disposal of
the project so assisted for purposes contrary to the purpose of
this Act, as determined by the Secretary, shall result in a
right of the United States to reimbursement of all funds made
available to such a project or the proportion of the increased
value of the project attributable to such funds as determined
at the time of such conversion, use, or disposal, whichever is
greater.
(c) Technical and Preservation Assistance.--The Secretary may
provide technical assistance to any person for--
(1) the preservation of historic structures within the
historic site;
(2) the maintenance of the natural and cultural landscape
of the historic site; and
(3) local preservation planning for the historic site.
SEC. 6. GENERAL MANAGEMENT PLAN.
(a) In General.--Not later than the last day of the third fiscal
year beginning after the date of enactment of this Act, the Secretary
shall, in consultation with the officials described in subsection (b),
prepare a general management plan for the historic site.
(b) Officials Consulted.--The officials described in this
subsection are--
(1) an appropriate official of each appropriate political
subdivision of the Commonwealth of Pennsylvania that has
jurisdiction over all or a portion of the historic site; and
(2) an appropriate official of the Steel Industry Heritage
Corporation.
(c) Submission of Plan to Congress.--Upon the completion of the
general management plan, the Secretary shall submit a copy of the plan
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives.
Amend the title so as to read: ``A bill to establish the
Homestead Steel Works National Historic Site in the
Commonwealth of Pennsylvania.''.
|
Homestead Steel Works National Historic Site Act - Establishes in Pennsylvania the Homestead Steel Works National Historic Site (the Site) for inclusion within the National Park System. Specifies the historic properties to be included within the Site.Authorizes the Secretary of the Interior to acquire by donation specified property for inclusion within such Site.Authorizes the Secretary to: (1) enter into cooperative agreements to further the purposes of this Act; and (2) provide technical assistance for the preservation of the Site's structures, maintenance of its cultural landscape, and local preservation planning for the Site. Provides for the reimbursement of the United States if funds disbursed under a cooperative agreement are used for purposes contrary to the purposes of this Act.Directs the Secretary to prepare and submit to specified congressional committees a general management plan for the Site. Requires the Secretary, in preparing the plan, to consult with an appropriate official of the Steel Industry Heritage Corporation and an appropriate official of each appropriate political subdivision of Pennsylvania that has jurisdiction over all or a portion of the Site.
|
{"src": "billsum_train", "title": "To establish the Steel Industry National Historic Park in the Commonwealth of Pennsylvania."}
| 1,352 | 223 | 0.574388 | 1.821961 | 0.759953 | 3.311558 | 6.477387 | 0.909548 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Colleges and Universities
Head Start Partnership Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Head Start Act requires that 50 percent or more of
teachers nationwide in center-based Head Start programs must
have at least an associate degree in early childhood education,
or a field related to early childhood education, by 2003.
(2) A goal of the Head Start Act is to ensure that all Head
Start programs nationwide will provide accredited continuing
education for Head Start staff that provides college or
university credit for such staff. However, Indian Head Start
programs are generally located in areas isolated from
mainstream colleges or universities where such credit can be
earned.
(3) The vast majority of the Nation's 34 Tribal Colleges
and Universities have early childhood education programs and,
of these, 32 are accredited, or designated candidates for
accreditation, by national accrediting associations.
(4) Tribal Colleges and Universities were created by
Indians for Indians primarily on rural and remote Indian
reservations, which were virtually excluded from the Nation's
system of higher education.
(5) Tribal Colleges and Universities are engaged community
institutions, offering higher education and continuing
education opportunities to individuals who otherwise might find
attaining such education impossible due to family
responsibilities, and financial and geographic barriers.
(6) Tribal Colleges and Universities have been more
successful than any other institutions of higher education in
educating Indians and helping to retain Indians in high-need
fields such as nursing and teaching. According to a 2000
survey, over 80 percent of Tribal College and University
graduates go on to further higher education or become employed
in the local community.
(7) Through partnerships developed between Tribal Colleges
and Universities and Head Start programs nationwide--
(A) Indian Head Start agency personnel can gain
greater access to accredited college and university
programs in their career field;
(B) the knowledge, skills, and aptitude of those
working at Indian Head Start agencies will be
increased, thus enabling them to provide high quality
and comprehensive services to Indian children and their
families; and
(C) the health, early childhood development, and
school readiness of Indian children will be improved as
a result of increased staff knowledge, skills, and
aptitude.
(b) Purposes.--The purposes of this Act are to--
(1) promote social competencies and school readiness in
Indian children; and
(2) provide high quality, accredited educational
opportunities to Indian Head Start agency staff so that they
can better deliver services that enhance the social and
cognitive development of low-income children through the
provision of health, educational, nutritional, social, and
other services to low-income children and their families.
SEC. 3. TRIBAL COLLEGE OR UNIVERSITY-HEAD START PARTNERSHIP PROGRAM.
The Head Start Act (42 U.S.C. 9831 et seq.) is amended by inserting
after section 648A the following:
``SEC. 648B. TRIBAL COLLEGE OR UNIVERSITY-HEAD START PARTNERSHIP
PROGRAM.
``(a) Tribal College or University-Head Start Partnership
Program.--
``(1) Grants.--The Secretary is authorized to award grants,
of not less than 5 years duration, to Tribal Colleges and
Universities to--
``(A) implement education programs that include
tribal culture and language and increase the number of
associate, baccalaureate, and graduate degrees in early
childhood education and related fields that are earned
by Indian Head Start agency staff members, parents of
children served by such an agency, and members of the
tribal community involved;
``(B) develop and implement the programs under
subparagraph (A) in technology-mediated formats; and
``(C) provide technology literacy programs for
Indian Head Start agency staff members and children and
families of children served by such an agency.
``(2) Staffing.--The Secretary shall ensure that the
American Indian Programs Branch of the Head Start Bureau of the
Department of Health and Human Services shall have staffing
sufficient to administer the programs under this section and to
provide appropriate technical assistance to Tribal Colleges and
Universities receiving grants under this section.
``(b) Application.--Each Tribal College or University desiring a
grant under this section shall submit an application to the Secretary,
at such time, in such manner, and containing such information as the
Secretary may require, including a certification that the Tribal
College or University has established a partnership with 1 or more
Indian Head Start agencies for the purpose of conducting the activities
described in subsection (a).
``(c) Definitions.--In this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
``(2) Tribal college or university.--The term `Tribal
College or University' means an institution--
``(A) defined by such term in section 316(b) of the
Higher Education Act of 1965 (20 U.S.C. 1059c(b)); and
``(B) determined to be accredited or a candidate
for accreditation by a nationally recognized
accrediting agency or association.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $10,000,000 for fiscal year
2004 and such sums as may be necessary for each of fiscal years 2005
through 2008.''.
|
Tribal Colleges and Universities Head Start Partnership Act - Amends the Head Start Act to authorize the Secretary of Education to award grants of at least five years duration to Tribal Colleges and Universities to: (1) implement education programs that include tribal culture and language and increase the number of associate, baccalaureate, and graduate degrees in early childhood education and related fields that are earned by Indian Head Start agency staff members, parents of children served by such an agency, and members of the tribal community involved; (2) develop and implement such programs in technology-mediated formats; and (3) provide technology literacy programs for Indian Head Start agency staff members and children and families of children served by such an agency.
|
{"src": "billsum_train", "title": "A bill to amend the Head Start Act to provide grants to Tribal Colleges and Universities to increase the number of post-secondary degrees in early childhood education and related fields earned by Indian Head Start agency staff members, parents of children served by such an agency, and members of the community involved."}
| 1,211 | 143 | 0.66839 | 1.866922 | 0.686735 | 6.213235 | 8.316176 | 0.977941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancement in Pediatric Autism
Research Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Infantile autism and autism spectrum disorders are
biologically-based neurodevelopmental diseases that cause
severe impairments in language and communication and generally
manifest in young children sometime during the first two years
of life.
(2) Best estimates indicate that 1 in 500 children born
today will be diagnosed with an autism spectrum disorder and
that 400,000 Americans have autism or an autism spectrum
disorder.
(3) There is little information on the prevalence of autism
and other pervasive developmental disabilities in the United
States. There have never been any national prevalence studies
in the United States, and the two studies that were conducted
in the 1980s examined only selected areas of the country.
Recent studies in Canada, Europe, and Japan suggest that the
prevalence of classic autism alone may be 300 percent to 400
percent higher than previously estimated.
(4) Three-quarters of those with infantile autism spend
their adult lives in institutions or group homes, and usually
enter institutions by the age of 13.
(5) The cost of caring for individuals with autism and
autism spectrum disorder is great, and is estimated to be $13.3
billion per year solely for direct costs.
(6) The rapid advancements in biomedical science suggest
that effective treatments and a cure for autism are attainable
if--
(A) there is appropriate coordination of the
efforts of the various agencies of the Federal
Government involved in biomedical research on autism
and autism spectrum disorders;
(B) there is an increased understanding of autism
and autism spectrum disorders by the scientific and
medical communities involved in autism research and
treatment; and
(C) sufficient funds are allocated to research.
(7) The discovery of effective treatments and a cure for
autism will be greatly enhanced when scientists and
epidemiologists have an accurate understanding of the
prevalence and incidence of autism.
(8) Recent research suggests that environmental factors may
contribute to autism. As a result, contributing causes of
autism, if identified, may be preventable.
(9) Finding the answers to the causes of autism and related
developmental disabilities may help researchers to understand
other disorders, ranging from learning problems, to
hyperactivity, to communications deficits that affect millions
of Americans.
(10) Specifically, more knowledge is needed concerning--
(A) the underlying causes of autism and autism
spectrum disorders, how to treat the underlying
abnormality or abnormalities causing the severe
symptoms of autism, and how to prevent these
abnormalities from occurring in the future;
(B) the epidemiology of, and the identification of
risk factors for, infantile autism and autism spectrum
disorders;
(C) the development of methods for early medical
diagnosis and functional assessment of individuals with
autism and autism spectrum disorders, including
identification and assessment of the subtypes within
the autism spectrum disorders, for the purpose of
monitoring the course of the disease and developing
medically sound strategies for improving the outcomes
of such individuals;
(D) existing biomedical and diagnostic data that
are relevant to autism and autism spectrum disorders
for dissemination to medical personnel, particularly
pediatricians, to aid in the early diagnosis and
treatment of this disease; and
(E) the costs incurred in educating and caring for
individuals with autism and autism spectrum disorders.
(11) In 1998, the National Institutes of Health announced a
program of research on autism and autism spectrum disorders. A
sufficient level of funding should be made available for
carrying out the program.
SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF
NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON
AUTISM.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following section:
``autism
``Sec. 409C. (a) In General.--
``(1) Expansion of activities.--The Director of NIH (in
this section referred to as the `Director') shall expand,
intensify, and coordinate the activities of the National
Institutes of Health with respect to research on autism.
``(2) Administration of program; collaboration among
agencies.--The Director shall carry out this section acting
through the Director of the National Institute of Mental Health
and in collaboration with any other agencies that the Director
determines appropriate.
``(b) Centers of Excellence.--
``(1) In general.--The Director shall under subsection
(a)(1) make awards of grants and contracts to public or
nonprofit private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for centers of excellence regarding research
on autism.
``(2) Research.--Each center under paragraph (1) shall
conduct basic and clinical research into the cause, diagnosis,
early detection, prevention, control, and treatment of autism,
including research in the fields of developmental neurobiology,
genetics, and psychopharmacology.
``(3) Services for patients.--A center under paragraph (1)
may expend amounts provided under such paragraph to carry out a
program to make individuals aware of opportunities to
participate as subjects in research conducted by the centers.
The program may provide fees to such subjects. The program may,
in accordance with such criteria as the Director may establish,
provide to such subjects health care, referrals for health and
other services, and such incidental services as will facilitate
the participation of individuals as such subjects.
``(4) Coordination of centers; reports.--The Director
shall, as appropriate, provide for the coordination of
information among centers under paragraph (1) and ensure
regular communication between such centers, and may require the
periodic preparation of reports on the activities of the
centers and the submission of the reports to the Director.
``(5) Organization of centers.--Each center under paragraph
(1) shall use the facilities of a single institution, or be
formed from a consortium of cooperating institutions, meeting
such requirements as may be prescribed by the Director.
``(6) Number of centers; duration of support.--The Director
shall, subject to the extent of amounts made available in
appropriations Acts, provide for the establishment of not less
than five centers under paragraph (1). Support of such a center
may be for a period not exceeding 5 years. Such period may be
extended for one or more additional periods not exceeding 5
years if the operations of such center have been reviewed by an
appropriate technical and scientific peer review group
established by the Director and if such group has recommended
to the Director that such period should be extended.
``(c) Facilitation of Research.--The Director shall under
subsection (a)(1) provide for a program under which samples of tissues
and genetic materials that are of use in research on autism are
donated, collected, preserved, and made available for such research.
The program shall be carried out in accordance with accepted scientific
and medical standards for the donation, collection, and preservation of
such samples.
``(d) Public Input.--The Director shall under subsection (a)(1)
provide for means through which the public can obtain information on
the existing and planned programs and activities of the National
Institutes of Health with respect to autism and through which the
Director can receive comments from the public regarding such programs
and activities.
``(e) Funding.--For the purpose of carrying out this section, there
are authorized to be appropriated $33,000,000 for fiscal year 2000, and
such sums as may be necessary for each of the fiscal years 2001 through
2004. Such authorizations of appropriations are in addition to any
other authorization of appropriations that is available for such
purpose.''.
SEC. 4. INFORMATION AND EDUCATION.
(a) In General.--The Secretary shall establish and implement a
program to provide information and education on autism to health
professionals and the general public, including information and
education on advances in the diagnosis and treatment of autism and
training and continuing education through programs for scientists,
physicians, and other health professionals who provide care for
patients with autism.
(b) Stipends.--The Secretary may use amounts made available under
this section to provide stipends for health professionals who are
enrolled in training programs under this section.
(c) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $6,000,000 for each of the
fiscal years 2000 through 2004.
SEC. 5. AUTISM COORDINATING COMMITTEE.
(a) Establishment.--The Secretary shall establish a committee to be
known as the ``Autism Coordinating Committee'' (in this section
referred to as the ``Committee'') to coordinate all efforts within the
Department of Health and Human Services concerning autism, including
activities carried out through the National Institutes of Health and
the Centers for Disease Control and Prevention under this Act (and the
amendment made by this Act).
(b) Membership.--
(1) In general.--The Committee shall be composed of ex
officio members in accordance with paragraph (2) and 11
appointed members in accordance with paragraph (3).
(2) Ex officio members.--The following officials shall
serve as ex officio members of the Committee:
(A) The Director of the National Institutes of
Health.
(B) The Director of the National Institute on
Mental Health.
(C) The Director of the Centers for Disease Control
and Prevention.
(D) The Administrator of the Health Resources and
Services Administration.
(3) Appointed members.--Appointments to the Committee shall
be made in accordance with the following:
(A) Two members shall be research scientists with
demonstrated achievements in research related to autism
and related developmental disabilities. The scientists
shall be appointed by the Secretary in consultation
with the National Academy of Sciences.
(B) Five members shall be representatives of the 5
national organizations whose primary emphasis is on
research into autism and other pervasive developmental
disabilities. One representative from each of such
organizations shall be appointed by the Secretary in
consultation with the National Academy of Sciences.
(C) Two members shall be clinicians whose practice
is primarily devoted to the treatment of individuals
with autism and other pervasive developmental
disabilities. The clinicians shall be appointed by the
Secretary in consultation with the Institute of
Medicine and the National Academy of Sciences.
(D) Two members shall be individuals who are the
parents or legal guardians of a person or persons with
autism or other pervasive developmental disabilities.
The individuals shall be appointed by the Secretary in
consultation with the ex officio members under
paragraph (1) and the 5 national organizations referred
to in subparagraph (B).
(c) Administrative Support; Terms of Service; Other Provisions.--
The following shall apply with respect to the Committee:
(1) The Committee shall receive necessary and appropriate
administrative support from the Department of Health and Human
Services.
(2) Members of the Committee shall be appointed for a term
of 3 years, and may serve for an unlimited number of terms if
reappointed.
(3) The Committee shall meet not less than 2 times per
year.
(4) Members of the Committee shall not receive additional
compensation for their service. Such members may receive
reimbursement for appropriate and additional expenses that are
incurred through service on the Committee which would not have
incurred had they not been a member of the Committee.
SEC. 6. REPORT TO CONGRESS.
Not later than January 1, 2000, and each January 1 thereafter, the
Secretary shall prepare and submit to the appropriate committees of
Congress, a report concerning the implementation of this Act and the
amendments made by this Act.
|
Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things, to make awards of grants and contracts to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations.
Requires the Secretary of Health and Human Services (HHS) to establish a program to provide information and education on autism to health professionals and the general public. Authorizes appropriations.
Directs the Secretary to establish an Autism Coordinating Committee to coordinate HHS efforts concerning autism.
|
{"src": "billsum_train", "title": "Advancement in Pediatric Autism Research Act"}
| 2,454 | 152 | 0.44563 | 1.129345 | 0.57536 | 4 | 18.820313 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Primary Care for Children Act of
2001''.
SEC. 2. PATIENT ACCESS TO PEDIATRIC CARE THROUGH PEDIATRICIANS.
(a) Amendment to Public Health Service Act.--Subpart 2 of part A of
title XXVII of the Public Health Service Act is amended by adding at
the end the following new section:
``SEC. 2707. PATIENT ACCESS TO PEDIATRIC CARE THROUGH PEDIATRICIANS.
``(a) Patient Access to Pediatric Care.--In any case in which a
group health plan (or a health insurance issuer offering health
insurance coverage in connection with the plan) provides benefits
consisting of primary pediatric care provided by a participating
primary care physician who specializes in pediatrics (or consisting of
payment for such care) and the plan requires or provides for
designation by a participant or beneficiary of a participating primary
care physician with respect to such care, the plan (or issuer) shall
provide that such a participating physician who specializes in
pediatrics may be designated, if available, by a parent or guardian of
any beneficiary under the plan who is under 18 years of age, as the
primary care physician with respect to any such benefits.
``(b) Construction.--Nothing in subsection (a) shall waive any
requirements of coverage relating to medical necessity or
appropriateness with respect to coverage of pediatric care.''.
(b) ERISA Amendments.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 is
amended by adding at the end the following new section:
``SEC. 714. PATIENT ACCESS TO PEDIATRIC CARE.
``(a) Patient Access to Pediatric Care.--In any case in which a
group health plan (or a health insurance issuer offering health
insurance coverage in connection with the plan) provides benefits
consisting of primary pediatric care provided by a participating
primary care physician who specializes in pediatrics (or consisting of
payment for such care) and the plan requires or provides for
designation by a participant or beneficiary of a participating primary
care physician with respect to such care, the plan (or issuer) shall
provide that such a participating physician who specializes in
pediatrics may be designated, if available, by a parent or guardian of
any beneficiary under the plan who is under 18 years of age, as the
primary care physician with respect to any such benefits.
``(b) Construction.--Nothing in subsection (a) shall waive any
requirements of coverage relating to medical necessity or
appropriateness with respect to coverage of pediatric care.''.
(2) Clerical amendment.--The table of contents in section 1
of such Act is amended by inserting after the item relating to
section 713 the following new item:
``Sec. 714. Patient access to pediatric care.''.
(c) Internal Revenue Code Amendments.--Subchapter B of chapter 100
of the Internal Revenue Code of 1986 is amended--
(1) in the table of sections, by inserting after the item
relating to section 9812 the following new item:
``Sec. 9813. Patient access to pediatric
care.''; and
(2) by inserting after section 9812 the following:
``SEC. 9813. PATIENT ACCESS TO PEDIATRIC CARE.
``(a) Patient Access to Pediatric Care.--In any case in which a
group health plan provides benefits consisting of primary pediatric
care provided by a participating primary care physician who specializes
in pediatrics (or consisting of payment for such care) and the plan
requires or provides for designation by a participant or beneficiary of
a participating primary care physician with respect to such care, the
plan shall provide that such a participating physician who specializes
in pediatrics may be designated, if available, by a parent or guardian
of any beneficiary under the plan is who under 18 years of age, as the
primary care physician with respect to any such benefits.
``(b) Construction.--Nothing in subsection (a) shall waive any
requirements of coverage relating to medical necessity or
appropriateness with respect to coverage of pediatric care.''
(d) Effective Date and Related Rules.--
(1) In general.--The amendments made by this section apply
with respect to plan years beginning on or after January 1,
2003, except that the Secretaries of Health and Human Services,
of Labor, and of the Treasury may issue regulations before such
date under such amendments. Such Secretaries shall first issue
all regulations necessary to carry out such amendments before
the effective date thereof.
(2) Limitation on enforcement actions.--No enforcement
action shall be taken, pursuant to the amendments made by this
section, against a group health plan or health insurance issuer
with respect to a violation of a requirement imposed by such
amendments before the date of issuance of regulations issued in
connection with such requirement, if the plan or issuer has
sought to comply in good faith with such requirement.
(3) Special rule for collective bargaining agreements.--In
the case of a group health plan maintained pursuant to one or
more collective bargaining agreements between employee
representatives and one or more employers ratified before the
date of the enactment of this Act, the amendments made by this
section shall not apply with respect to plan years beginning
before the later of--
(1) the date on which the last of the collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of the enactment of this Act);
or
(2) January 1, 2003.
For purposes of this paragraph, any plan amendments made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by this section shall not be treated as a termination of
such collective bargaining agreement.
|
Primary Care for Children Act of 2001 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to provide for patient access to primary pediatric care through pediatricians under group health plans and group health insurance coverage.
|
{"src": "billsum_train", "title": "To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to assure patient access to primary pediatric care through pediatricians under group health plans and group health insurance coverage."}
| 1,316 | 55 | 0.561122 | 1.310815 | 0.761359 | 3.4 | 23.48 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nanotechnology Safety Act of 2010''.
SEC. 2. NANOTECHNOLOGY PROGRAM.
Chapter X of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
391 et seq.) is amended by adding at the end the following:
``SEC. 1011. NANOTECHNOLOGY PROGRAM.
``(a) In General.--Not later than 180 days after the date of
enactment of the Nanotechnology Safety Act of 2010, the Secretary of
Health and Human Services, in consultation with the Secretary of
Agriculture, shall establish within the Food and Drug Administration a
program for the scientific investigation of nanoscale materials
included or intended for inclusion in FDA-regulated products, to
address the potential toxicology of such materials, the effects of such
materials on biological systems, and interaction of such materials with
biological systems.
``(b) Program Purposes.--The purposes of the program established
under subsection (a) shall be to--
``(1) assess scientific literature and data on general
nanoscale material interactions with biological systems and on
specific nanoscale materials of concern to Food and Drug
Administration;
``(2) develop and organize information using databases and
models that will enable the formulation of generalized
principles for the behavior of classes of nanoscale materials
with biological systems;
``(3) promote intramural Administration programs and
participate in collaborative efforts, to further the
understanding of the science of novel properties at the
nanoscale that might contribute to toxicity;
``(4) promote and participate in collaborative efforts to
further the understanding of measurement and detection methods
for nanoscale materials;
``(5) collect, synthesize, interpret, and disseminate
scientific information and data related to the interactions of
nanoscale materials with biological systems;
``(6) build scientific expertise on nanoscale materials
within such Administration;
``(7) ensure ongoing training, as well as dissemination of
new information within the centers of such Administration, and
more broadly across such Administration, to ensure timely,
informed consideration of the most current science;
``(8) encourage such Administration to participate in
international and national consensus standards activities; and
``(9) carry out other activities that the Secretary
determines are necessary and consistent with the purposes
described in paragraphs (1) through (8).
``(c) Program Administration.--
``(1) Program manager.--In carrying out the program under
this section, the Secretary shall designate a program manager
who shall supervise the planning, management, and coordination
of the program.
``(2) Duties.--The program manager shall--
``(A) develop a detailed strategic plan for
achieving specific short- and long-term technical goals
for the program;
``(B) coordinate and integrate the strategic plan
with investments by the Food and Drug Administration
and other departments and agencies participating in the
National Nanotechnology Initiative; and
``(C) develop intramural Administration programs,
contracts, memoranda of agreement, joint funding
agreements, and other cooperative arrangements
necessary for meeting the long-term challenges and
achieving the specific technical goals of the program.
``(d) Reports.--Not later than March 1, 2012, and March 1, 2014,
the Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of the Senate
and the Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives a report on the program
carried out under this section. Such report shall include--
``(1) a review of the specific short- and long-term goals
of the program;
``(2) an assessment of current and proposed funding levels
for the program, including an assessment of the adequacy of
such funding levels to support program activities; and
``(3) a review of the coordination of activities under the
program with other departments and agencies participating in
the National Nanotechnology Initiative.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $25,000,000 for each of fiscal
years 2011 through 2015. Amounts appropriated pursuant to this
subsection shall remain available until expended.''.
|
Nanotechnology Safety Act of 2010 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to establish within the Food and Drug Administration (FDA) a program for the scientific investigation of nanoscale materials included or intended for inclusion in FDA-regulated products to address: (1) the potential toxicology of such materials; (2) the effects of such materials on biological systems; and (3) the interaction of such materials with biological systems.
|
{"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to establish a nanotechnology program."}
| 895 | 100 | 0.65742 | 1.702302 | 1.543257 | 5.135417 | 9.041667 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Science for Nuclear
Waste Disposal Act of 2001''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Under the Nuclear Waste Policy Act of 1982, the storage
of high-level radioactive waste, transuranic waste, and spent
nuclear fuel is to be located at a central repository.
(2) The Department of Energy estimates that completing the
Yucca Mountain central repository project will cost
$58,000,000,000, making the project one of the most costly
public works projects in the world.
(3) Numerous geological and hydrological conditions found
at Yucca Mountain support the contention that Yucca Mountain is
not a suitable site for a central repository.
(4) Public health and safety regulations have consistently
been altered in order to make Yucca Mountain appear to be a
feasible option.
(5) Storing high-level radioactive waste in a central
repository at Yucca Mountain would require the transportation
of more than 70,000 tons of nuclear waste through 43 States,
and through hundreds of cities and towns. Fifty million
Americans live within one half mile of the shipping routes,
creating an unacceptable risk of catastrophic radiation
exposure.
(6) Current nuclear power reactor sites can safely store
high-level radioactive waste for another 100 years (according
to the Nuclear Regulatory Commission). By implementing the most
advanced existing technology, nuclear power reactor sites could
store waste for an additional 100 years, thus eliminating the
need to immediately site a central repository.
(7) The United States can create solutions to the long-term
problems of storing high-level radioactive waste by exploring
emerging technologies with the potential to neutralize highly
radioactive waste.
(8) The research, development, and utilization in the
United States of risk-decreasing technologies for the safe
disposal of nuclear waste is not only feasible, but it is our
best alternative to storing high-level nuclear waste at a
central repository.
(9) The Nuclear Waste Fund has accumulated more than
$10,000,000,000 to store high-level nuclear radioactive waste
in a central repository, a failed concept. Given the scientific
evidence against the Yucca Mountain site, and the health and
safety problems inherent in the concept of a central high-level
radioactive waste repository, the Nuclear Waste Fund should be
directed toward the research, development, and utilization of
these alternative waste storage and disposal technologies to
better protect our environment.
(10) The insurmountable problems associated with storing
nuclear waste in a central repository requires the Congress to
terminate the Yucca Mountain Project and to immediately launch
a focused research and development program to develop safe
nuclear waste disposal technologies.
SEC. 3. NUCLEAR WASTE FUND.
Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222) is amended--
(1) in subsection (a)--
(A) by striking ``Contracts.--(1) In the'' and all
that follows through ``described in subsection (d).''
and inserting ``Payments.--(1) The Secretary shall
provide for payments into the Nuclear Waste Fund of
fees pursuant to paragraph (2) for use as provided in
this section.'';
(B) by striking paragraphs (3), (5), and (6) and
redesignating paragraph (4) as paragraph (3); and
(C) in paragraph (3), as so redesignated by
subparagraph (B) of this paragraph--
(i) by striking ``paragraphs (2) and (3)
above'' and inserting ``paragraph (2)'';
(ii) by striking ``offset the costs as
defined in subsection (d) herein'' and
inserting ``support the uses described in
subsection (c)'';
(iii) by striking ``recover the costs
incurred'' and all that follows through ``full
cost recovery.'' and inserting ``support the
uses described in subsection (c), the Secretary
shall propose an adjustment to the fee to fully
support those uses. The Secretary shall also
annually adjust the fee for inflation.''; and
(iv) by striking ``this proposal for such
an adjustment to Congress'' and all that
follows through ``the Energy Policy and
Conservation Act'' and inserting ``proposals
for fee adjustment to Congress'';
(2) by striking subsections (b) and (d);
(3) by redesignating subsections (c) and (e) as subsections
(b) and (d), respectively;
(4) in subsection (b), as so redesignated by paragraph (3)
of this section--
(A) by striking ``, (b), and (e)'' and inserting
``and (d)'' in paragraph (1);
(B) by inserting ``and'' at the end to paragraph
(1);
(C) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and
(D) by striking paragraph (3);
(5) by inserting after subsection (b), as so redesignated
by paragraph (3) of this section, the following new subsection:
``(c) Uses of Nuclear Waste Fund.--The Nuclear Waste Fund shall be
available to the Secretary only to pay the cost of research,
development, and utilization in the United States of risk-decreasing
technologies, with an emphasis on technologies that--
``(1) increase the length of time that nuclear waste can be
safely stored at or near--
``(A) in the case of waste existing on the date of
enactment of the 21st Century Science for Nuclear Waste
Disposal Act of 2001, the site where the waste was
located on such date of enactment; and
``(B) in the case of waste not existing on the date
of enactment of the 21st Century Science for Nuclear
Waste Disposal Act of 2001, the site where the waste is
generated;
``(2) require the least amount of transportation of nuclear
waste practicable; and
``(3) reduce the level of radiation of the nuclear waste.
The Government shall not use any funds for research, development, or
implementation of a central high-level radioactive waste and spent
nuclear fuel repository.''; and
(6) in subsection (d), as so redesignated by paragraph (3)
of this section, by striking ``subsection (d)'' in paragraph
(6) and inserting ``subsection (c)''.
SEC. 4. REPEALS AND REDESIGNATIONS.
(a) In General.--The Nuclear Waste Policy Act of 1982 is amended--
(1) by redesignating section 151 as section 10 and moving
it to appear after section 9, and by repealing the remainder of
title I;
(2) by repealing title II;
(3) by redesignating sections 302 and 306 as sections 11
and 12, respectively, and moving them to appear after section
10, and by repealing the remainder of title III;
(4) by repealing title IV; and
(5) by repealing title V.
(b) Conforming Amendments.--The Nuclear Waste Policy Act of 1982 is
amended--
(1) in section 2--
(A) by striking paragraphs (1), (2), (4), (5), (8),
(10), (11), (13), (14), (15), (17), (19), (21), (22),
(25), (26), (27), (28), (30), (31), (32), (33), and
(34);
(B) by redesignating paragraphs (3), (6), (7), (9),
(12), (16), (18), (20), (23), (24), and (29) as
paragraphs (1), (2), (3), (4), (5), (6), (7), (10),
(11), (12), and (13) respectively; and
(C) by inserting after paragraph (7), as so
redesignated by subparagraph (B) of this paragraph, the
following new paragraphs:
``(8) Research.--The term `research' includes both basic
and applied research.
``(9) Risk-decreasing technologies.--The term `risk-
decreasing technologies' means technologies that reduce the
adverse impact nuclear waste has on human and ecological health
and well-being through reduction in radiation levels and other
methods.''; and
(2) in section 8--
(A) by striking ``subsection (c)'' and inserting
``subsection (b)'' in subsection (a);
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection
(b).
(c) Table of Contents Amendments.--The items in the table of
contents of the Nuclear Waste Policy Act of 1982 relating to titles I
through V are repealed, and the following items are inserted after the
item relating to section 9:
``Sec. 10. Financial arrangements for site closure.
``Sec. 11. Nuclear Waste Fund.
``Sec. 12. Nuclear Regulatory Commission training authorization.''.
SEC. 5. REPEAL OF SPECIAL RULES FOR NUCLEAR DECOMMISSIONING COSTS.
(a) In General.--Section 468A of the Internal Revenue Code of 1986
is hereby repealed.
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 172(f)(1) of such Code is
amended by striking ``or 468A(a)''.
(2) The table of sections for subpart C of part II of
subchapter E of chapter 1 of such Code is amended by striking
the item relating to section 468A.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
|
21st Century Science for Nuclear Waste Disposal Act of 2001 - Amends the Nuclear Waste Policy Act of 1982 to: (1) repeal the authority of the Secretary of Energy to enter into contracts for the acceptance of title, subsequent transportation, and disposal of high-level radioactive waste or spent nuclear fuel; (2) mandate that certain statutory fees from electricity generated by a nuclear power reactor be deposited into the Nuclear Waste Fund (Fund); and (3) mandate that the Fund be made available to the Secretary of Energy solely to pay the costs of research, development, and utilization of risk-decreasing technologies that increase the length of time that nuclear waste can be safely stored near specified sites, require the least amount of nuclear waste transportation, and reduce nuclear waste radiation.Prohibits the Government from using any funds for research, development, or implementation of a central high-level radioactive waste and spent nuclear fuel repository.Repeals specified authorities for: (1) storage of high-level radioactive waste and spent nuclear fuel, including the interim storage program and monitored retrievable storage; (2) research, development, and demonstration regarding disposal of high-level radioactive waste and spent nuclear fuel; (3) miscellaneous radioactive waste activities, including the Office of Civilian Radioactive Waste Management; (4) the Nuclear Waste Negotiator; and (5) the Nuclear Waste Technical Review Board.Amends the Internal Revenue Code to repeal the special rules for nuclear decommissioning costs.
|
{"src": "billsum_train", "title": "To redirect the Nuclear Waste Fund established under the Nuclear Waste Policy Act of 1982 into research, development, and utilization of risk-decreasing technologies for the onsite storage and eventual reduction of radiation levels of nuclear waste, and for other purposes."}
| 2,088 | 307 | 0.594808 | 1.822252 | 0.730456 | 3.448399 | 7.455516 | 0.864769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Entrepreneurship and
Benefits Improvement Act of 2003''.
SEC. 2. AUTHORIZATION FOR STATE APPROVING AGENCIES TO APPROVE CERTAIN
ENTREPRENEURSHIP COURSES.
(a) Approval of Entrepreneurship Courses.--Section 3675 of title
38, United States Code, is amended by adding at the end the following
new subsection:
``(c)(1) A State approving agency may approve the entrepreneurship
courses offered by a qualified provider of entrepreneurship courses.
``(2) For purposes of this subsection, the term `entrepreneurship
course' means a non-degree, non-credit course of business education
that enables or assists a person to start or enhance a small business
enterprise.
``(3) Subsection (a) and paragraphs (1) and (2) of subsection (b)
do not apply to--
``(A) an entrepreneurship course offered by a qualified
provider of entrepreneurship courses; and
``(B) a qualified provider of entrepreneurship courses by
reason of such provider offering one or more entrepreneurship
courses.''.
(b) Business Owners Not Treated as Already Qualified.--Section 3471
of such title is amended by inserting before the last sentence the
following: ``The Secretary shall not treat a person as already
qualified for the objective of a program of education offered by a
qualified provider of entrepreneurship courses solely because such
person is the owner or operator of a business.''.
(c) Inclusion of Entrepreneurship Courses in Definition of Program
of Education.--Subsection (b) of section 3452 of such title is amended
by adding at the end the following: ``Such term also includes any
course, or combination of courses, offered by a qualified provider of
entrepreneurship courses.''.
(d) Inclusion of Qualified Provider of Entrepreneurship Courses in
Definition of Educational Institution.--Subsection (c) of section 3452
of such title is amended by adding at the end the following: ``Such
term also includes any qualified provider of entrepreneurship
courses.''.
(e) Definition of Qualified Provider of Entrepreneurship Courses.--
Section 3452 of such title is further amended by adding at the end the
following new subsection:
``(h) The term `qualified provider of entrepreneurship courses'
means--
``(1) a small business development center described in
section 21 of the Small Business Act (15 U.S.C. 648), and
``(2) the National Veterans Business Development
Corporation (established under section 33 of such Act (15
U.S.C. 657c)) insofar as the Corporation offers or sponsors an
entrepreneurship course (as defined in section 3675(c)(2) of
this title).''.
(f) Effective Date.--The amendments made by this section shall
apply to courses approved by State approving agencies after the date of
the enactment of this Act.
SEC. 3. PROCUREMENT PROGRAM FOR CERTIFIED SMALL BUSINESS CONCERNS OWNED
AND CONTROLLED BY QUALIFIED SERVICE-DISABLED VETERANS,
ETC.
(a) Establishment of Program.--The Small Business Act (15 U.S.C.
631 et seq.) is amended by redesignating section 36 as section 38 and
by inserting after section 35 the following new sections:
``SEC. 36. PROCUREMENT PROGRAM FOR CERTIFIED SMALL BUSINESS CONCERNS
OWNED AND CONTROLLED BY QUALIFIED SERVICE-DISABLED
VETERANS.
``(a) Sole Source Contracts.--In accordance with this section, a
contracting officer may award a sole source contract to any certified
small business concern owned and controlled by qualified service-
disabled veterans if--
``(1) such concern is determined to be a responsible
contractor with respect to performance of such contract
opportunity and the contracting officer does not have a
reasonable expectation that 2 or more certified small business
concerns owned and controlled by qualified service-disabled
veterans will submit offers for the contracting opportunity;
``(2) the anticipated award price of the contract
(including options) will not exceed--
``(A) $5,000,000, in the case of a contract
opportunity assigned a standard industrial
classification code for manufacturing; or
``(B) $3,000,000, in the case of any other contract
opportunity; and
``(3) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price.
``(b) Restricted Competition.--In accordance with this section, a
contracting officer may award contracts on the basis of competition
restricted to certified small business concerns owned and controlled by
qualified service-disabled veterans if the contracting officer has a
reasonable expectation that not less than 2 certified small business
concerns owned and controlled by qualified service-disabled veterans
will submit offers and that the award can be made at a fair market
price.
``(c) Enforcement; Penalties.--Rules similar to the rules of
section 31(c) shall apply for purposes of this section.
``(d) Collection of Data Regarding Small Business Concerns Owned
and Controlled by Service-Disabled Veterans.--
``(1) Survey.--Not later than 2 years after the date of the
enactment of this section and each 3 years thereafter, the
Administrator, in consultation with the Secretary of Veterans
Affairs, shall complete a survey of service-disabled veterans
receiving benefits under title 38, United States Code, to
determine the number, identity, and primary industry
classification of small business concerns owned and controlled
by service-disabled veterans.
``(2) Report to Congress.--The Administrator, in
consultation with the Secretary of Veterans Affairs, shall
report to Congress on the results of each survey conducted
under paragraph (1). Such report shall include the total number
of small business concerns owned and controlled by service-
disabled veterans.
``(e) Contracting Officer.--For purposes of this section and
section 37, the term `contracting officer' has the meaning given such
term in section 27(f)(5) of the Office of Federal Procurement Policy
Act (41 U.S.C. 423(f)(5)).
``SEC. 37. PRIORITY OF SMALL BUSINESS PROCUREMENT PREFERENCES.
``(a) In General.--A contracting officer may not make a procurement
from a source on the basis of a preference provided under any provision
of this Act referred to in subsection (b) unless the contracting
officer has determined that such procurement cannot be made on the
basis of a preference provided under another provision of this Act with
a higher priority under such subsection.
``(b) Order of Priority.--For purposes of this section, the
following provisions of this Act are listed in order of priority from
highest to lowest:
``(1) Section 8(a).
``(2) Section 36(b).
``(3) Section 36(a).
``(4) Section 31(b)(2)(B).
``(5) Section 31(b)(2)(A).
``(6) Section 8(m).
``(c) Priority of Certain Other Procurement Preferences.--A
procurement may not be made from a source on the basis of a preference
provided under any provision of this Act referred to in subsection (b)
if the procurement would otherwise by made from a different source
under section 4124 or 4125 of title 18, United States Code, or the
Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).''.
(b) Certified Small Business Concern Owned and Controlled by
Service-Disabled Veterans.--Subsection (q) of section 3 of the Small
Business Act (15 U.S.C. 632) is amended by adding at the end the
following new paragraph:
``(5) Certified small business concern owned and controlled
by qualified service-disabled veterans.--
``(A) Qualified service-disabled veteran.--The term
`qualified service-disabled veteran' means any veteran
who--
``(i) has one or more disabilities that are
service-connected (as defined in section
101(16) of title 38, United States Code) and
rated at 10 percent or more by the Secretary of
Veterans Affairs; or
``(ii) is entitled to benefits under
section 1151 of title 38, United States Code.
``(B) Small business concern owned and controlled
by qualified service-disabled veterans.--The term
`small business concern owned and controlled by
qualified service-disabled veterans' means a small
business concern--
``(i) not less than 51 percent of which is
owned by one or more qualified service-disabled
veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock
of which is owned by one or more qualified
service-disabled veterans; and
``(ii) the management and daily business
operations of which are controlled by one or
more qualified service-disabled veterans or, in
the case of a veteran with permanent and severe
disability, the spouse or permanent caregiver
of such veteran.
``(C) Certified small business concern owned and
controlled by qualified service-disabled veterans.--The
term `certified small business concern owned and
controlled by qualified service-disabled veterans'
means any small business concern owned and controlled
by qualified service-disabled veterans that is
certified by the Administrator as being such a
concern.''.
(c) Conforming Amendments.--Paragraph (2) of section 31(b) of the
Small Business Act (15 U.S.C. 657a(b)) is amended--
(1) by striking ``Notwithstanding any other provision of
law'' and inserting ``In accordance with this section'';
(2) in subparagraph (B)--
(A) by striking ``a contract opportunity shall be
awarded pursuant to this section'' and inserting ``a
contracting officer may award contracts''; and
(B) by striking ``; and'' at the end and inserting
a period; and
(3) by striking subparagraph (C).
(d) Department of Veterans Affairs Pilot Program.--
(1) In general.--In the case of a contracting officer of
the Department of Veterans Affairs, the provisions of the Small
Business Act referred to in paragraphs (1), (2), and (3) of
section 37(b) of such Act shall be treated as being equal in
priority for purposes of applying section 37 of such Act.
(2) Termination.--Paragraph (1) shall not apply with
respect to procurements made after September 30, 2007.
SEC. 4. AUTHORIZATION TO PROVIDE ADAPTED HOUSING ASSISTANCE TO CERTAIN
DISABLED MEMBERS OF THE ARMED FORCES WHO REMAIN ON ACTIVE
DUTY.
Section 2101 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) The Secretary may provide assistance under subsection (a)
to a member of the Armed Forces serving on active duty who is suffering
from a disability described in paragraph (1), (2), or (3) of that
subsection if such disability is the result of an injury incurred or
disease contracted in or aggravated in line of duty in the active
military, naval, or air service. Such assistance shall be provided to
the same extent as assistance is provided under that subsection to
veterans eligible for assistance under that subsection and subject to
the requirements of the second sentence of that subsection.
``(2) The Secretary may provide assistance under subsection (b) to
a member of the Armed Forces serving on active duty who is suffering
from a disability described in subparagraph (A) or (B) of paragraph (1)
of that subsection if such disability is the result of an injury
incurred or disease contracted in or aggravated in line of duty in the
active military, naval, or air service. Such assistance shall be
provided to the same extent as assistance is provided under such
subsection to veterans eligible for assistance under that subsection
and subject to the requirements of paragraph (2) of that subsection.''.
SEC. 5. REINSTATEMENT OF MINIMUM REQUIREMENTS FOR SALE OF VENDEE LOANS.
(a) In General.--Section 3733(a) of title 38, United States Code,
is amended--
(1) by striking paragraph (2) and redesignating paragraphs
(3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5),
respectively; and
(2) in subparagraph (B)(i) of paragraph (3), as so
redesignated, by striking ``paragraph (5) of this subsection''
and inserting ``paragraph (4)''.
(b) Increase in Maximum Percentage.--Section 3733(a)(1) of such
title is amended--
(1) by striking ``65 percent'' in the first sentence and
inserting ``85 percent''; and
(2) by striking the second sentence.
(c) Stylistic Amendment.--Section 3733 of such title is amended by
striking ``paragraph (1) of this subsection'' each place it appears and
inserting ``paragraph (1)''.
SEC. 6. PAYMENT OF ACCRUED BENEFITS.
(a) Repeal of Limitation on Payment.--Subsection (a) of section
5121 of title 38, United States Code, is amended by striking ``for a
period not to exceed two years'' in the matter preceding paragraph (1).
(b) Effective Date.--The amendment made by subsection (a) shall
take effect with respect to deaths occurring on or after the date of
the enactment of this Act.
Passed the House of Representatives June 24, 2003.
Attest:
JEFF TRANDAHL,
Clerk.
|
Veterans Entrepreneurship and Benefits Improvement Act of 2003 - Authorizes a State agency to approve entrepreneurship (business education) courses for attendance by veterans using veterans' basic educational assistance provided through the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from treating a business owner as already qualified for such purposes. Includes entrepreneurship courses within authorized programs of veterans' education assistance. Amends the Small Business Act to authorize a Federal contracting officer to award a sole source contract to any certified small business (one owned and controlled by service-disabled (qualified) veterans) if: (1) the certified business is determined to be responsible with respect to the performance of the contract opportunity and the contracting officer does not expect two or more such businesses to submit offers for such contract; (2) the anticipated award price of the contract will not exceed a specified amount; and (3) the contract award can be made at a fair and reasonable price. Allows a contracting officer to restrict contract competition to such businesses if the officer can reasonably expect two or more such businesses to submit offers. Directs the Administrator of the Small Business Administration (SBA), at least every three years, to: (1) complete a survey of qualified veterans receiving such benefits; and (2) report survey results to Congress. Prohibits a contracting officer from making a procurement under this Act: (1) unless the officer has determined that such procurement cannot be made on the basis of a preference provided under another provision of the Small Business Act; or (2) if the procurement would otherwise be made from a different source under provisions of the Federal criminal code governing Government procurement of prisoner products or services or of the Javits-Wagner-O'Day Act. Outlines the appropriate order of priority, with the highest priority under small business start-up loans guaranteed by the SBA. Provides priority requirements with respect to a contracting officer of the Department of Veterans Affairs. Terminates that priority with respect to Department procurements after FY 2007. Authorizes the Secretary to provide adapted housing assistance to certain categories of disabled military personnel (having suffered loss of limbs, organs, partial blindness or deafness, etc.) serving on active duty if the disability is the result of an injury or disease contracted or aggravated during such duty.Increases from 65 to 85 the percentage of the number of purchases during a fiscal year of real property acquired by the Secretary as a result of default on guaranteed loans for the purchase or construction of homes for veterans that may be financed by a loan made by the Secretary.Requires the payment of all accrued monetary benefits (currently limited to two years' worth) of a deceased veteran's beneficiary to the veteran or any other surviving dependent.
|
{"src": "billsum_train", "title": "To amend title 38, United States Code, to improve education and entrepreneurship benefits, housing benefits, and certain other benefits for veterans."}
| 3,118 | 591 | 0.505948 | 1.626428 | 0.651795 | 2.852207 | 5.270633 | 0.840691 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Nonproliferation Enforcement
Act of 2005''.
SEC. 2. SANCTIONS APPLICABLE UNDER THE IRAN NONPROLIFERATION ACT OF
2000.
(a) Application of Certain Measures.--Section 3 of the Iran
Nonproliferation Act of 2000 (50 U.S.C. 1701 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Application of Measures.--Subject to sections 4 and 5, the
President shall apply, for a period of not less than 2 years, the
measures described in subsection (b) with respect to--
``(1) each foreign person identified in a report submitted
pursuant to section 2(a);
``(2) all successors, subunits, and subsidiaries of each
such foreign person; and
``(3) any entity (if operating as a business enterprise)
that owns more than 50 percent of, or controls in fact, any
such foreign person and any successors, subunits, and
subsidiaries of such entity.'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Executive order no. 12938 prohibitions.--The measures
set forth in subsections (b), (c), and (d) of section 4 of
Executive Order 12938.'';
(B) in paragraph (2)--
(i) by striking ``to that foreign person'';
and
(ii) by striking ``to that person'';
(C) in paragraph (3), by striking ``to that
person''; and
(D) by adding at the end the following new
paragraphs:
``(4) Investment prohibition.--Prohibition of any new
investment by a United States person in property, including
entities, owned or controlled by--
``(A) that foreign person;
``(B) any entity (if operating as a business
enterprise) that owns more than 50 percent of, or
controls in fact, such foreign person; or
``(C) any successor, subunit, or subsidiary of such
entity.
``(5) Financing prohibition.--Prohibition of any approval,
financing, or guarantee by a United States person, wherever
located, of a transaction by--
``(A) that foreign person;
``(B) any entity (if operating as a business
enterprise) that owns more than 50 percent of, or
controls in fact, such foreign person; or
``(C) any successor, subunit, or subsidiary of such
entity.
``(6) Financial assistance prohibition.--Denial by the
United States Government of any credit, credit guarantees,
grants, or other financial assistance by any department,
agency, or instrumentality of the United States Government to--
``(A) that foreign person;
``(B) any entity (if operating as a business
enterprise) that owns more than 50 percent of, or
controls in fact, such foreign person; and
``(C) any successor, subunit, or subsidiary of such
entity.''; and
(3) by amending subsection (d) to read as follows:
``(d) Publication in Federal Register.--
``(1) In general.--The application of measures pursuant to
subsection (a) shall be announced by notice published in the
Federal Register.
``(2) Content.--Each notice published pursuant to paragraph
(1) shall include the name and address (where known) of each
person or entity to whom measures have been applied pursuant to
subsection (a).''.
(b) National Security Waiver.--Section 4 of such Act is amended to
read as follows:
``SEC. 4. WAIVER ON BASIS OF NATIONAL SECURITY.
``(a) In General.--The President may waive the imposition of any
sanction that would otherwise be required under section 3 on any person
or entity 15 days after the President determines and reports to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate that such waiver
is essential to the national security of the United States.
``(b) Written Justification.--The determination and report of the
President under subsection (a) shall include a written justification--
``(1) describing in detail the circumstances and rationale
supporting the President's conclusion that the waiver is
essential to the national security of the United States; and
``(2) identifying--
``(A) the name and address (where known) of the
person or entity to whom the waiver is applied pursuant
to subsection (a);
``(B) the specific goods, services, or
technologies, the transfer of which would have required
the imposition of measures pursuant to section 3 if the
President had not invoked the waiver authority under
subsection (a); and
``(C) the name and address (where known) of the
recipient of such transfer.
``(c) Form.--The written justification shall be submitted in
unclassified form, but may contain a classified annex.''.
|
Iran Nonproliferation Enforcement Act of 2005 - Amends the Iran Nonproliferation Act of 2000 to: (1) make sanctions mandatory, and impose a minimum two-year sanction; (2) subject controlling and subsidiary companies of a foreign person to sanctions; (3) expand sanctions to include prohibitions on U.S. investment, financing, and financial assistance; and (4) expand the justification requirements for a presidential national security waiver of sanctions.
|
{"src": "billsum_train", "title": "A bill to make amendments to the Iran Nonproliferation Act of 2000."}
| 1,126 | 94 | 0.549038 | 1.289375 | 0.79969 | 1.658537 | 12.963415 | 0.780488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Economic Stimulus Act of
2008''.
SEC. 2. RETROACTIVE, 2-YEAR MORATORIUM ON INCLUSION OF UNEMPLOYMENT
COMPENSATION IN GROSS INCOME.
(a) In General.--Section 85 of the Internal Revenue Code of 1986
(relating to unemployment compensation) is amended by adding at the end
the following new subsection:
``(c) Moratorium.--This section shall not apply to any taxable year
beginning in 2007 or 2008.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. TEMPORARY INCREASE IN CHILD CREDIT.
(a) In General.--Subsection (a) of section 24 of the Internal
Revenue Code of 1986 (relating to allowance of credit) is amended by
inserting ``($1,200 in the case of the first taxable year beginning in
2008)'' after ``$1,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2007.
SEC. 4. 2008 STIMULUS CREDIT.
(a) In General.--Section 6428 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 6428. 2008 STIMULUS CREDIT.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by chapter 1 for
the taxpayer's first taxable year beginning in 2008 an amount equal to
$400 ($800 in the case of a joint return).
``(b) Limitation Based on Adjusted Gross Income.--
``(1) In general.--The amount of the credit allowable under
subsection (a) shall be zero if the modified adjusted gross
income of the taxpayer exceeds the threshold amount. For
purposes of the preceding sentence, the term `modified adjusted
gross income' means adjusted gross income increased by any
amount excluded from gross income under section 911, 931, or
933.
``(2) Threshold amount.--For purposes of paragraph (1), the
term `threshold amount' means--
``(A) $115,000 in the case of a joint return and
head of household (as defined in section 2(b)),
``(B) $75,000 in the case of an individual who is
not married, and
``(C) $57,500 in the case of a married individual
filing a separate return.
For purposes of this paragraph, marital status shall be
determined under section 7703.
``(c) Credit Treated as Nonrefundable Personal Credit.--For
purposes of this title, the credit allowed under this section shall be
treated as a credit allowable under subpart A of part IV of subchapter
A of chapter 1.
``(d) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual other than--
``(1) any estate or trust,
``(2) any nonresident alien individual, and
``(3) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable year
beginning in the calendar year in which the individual's
taxable year begins.
``(e) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (e).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (f) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.
``(f) Advance Refunds of Credit Based on Prior Year Data.--
``(1) In general.--Each individual who was an eligible
individual for such individual's first taxable year beginning
in 2006 shall be treated as having made a payment against the
tax imposed by chapter 1 for such first taxable year in an
amount equal to the advance refund amount for such taxable
year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such first
taxable year if--
``(A) this section (other than subsections (c) and
(e) and this subsection) had applied to such taxable
year, and
``(B) the credit for such taxable year were not
allowed to exceed the excess (if any) of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under part IV of subchapter A of chapter 1
(other than the credits allowable under subpart
C thereof, relating to refundable credits).
``(3) Timing of payments.--In the case of any overpayment
attributable to this subsection, the Secretary shall, subject
to the provisions of this title, refund or credit such
overpayment as rapidly as possible and, to the extent
practicable, before the date which is 120 days after the date
of the enactment of this section. No refund or credit shall be
made or allowed under this subsection after December 31, 2008.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this subsection.''.
(b) Conforming Amendment.--Paragraph (1) of section 1(i) of such
Code is amended by striking subparagraph (D).
(c) Clerical Amendment.--The item relating to section 6428 in the
table of sections for subchapter B of chapter 65 of such Code is
amended to read as follows:
``Sec. 6428. 2008 stimulus credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 5. ALTERNATIVE EXTENDED-BENEFITS INDICATORS.
(a) In General.--For purposes of determining whether there are
State ``on'' or ``off'' indicators (within the meaning of section
203(d) of the Federal-State Extended Unemployment Compensation Act of
1970 (26 U.S.C. 3304 note)) for any of the first 52 weeks beginning on
or after the date of the enactment of this Act, such section 203(d)
shall be applied by substituting ``4'' for ``5'' each place it appears.
(b) Definitions.--For purposes of this section, the terms ``State''
and ``week'' have the respective meanings given such terms by section
205 of such Act.
SEC. 6. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS.
(a) In General.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State laws) is amended by
striking ``and'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``; and'', and by inserting
after paragraph (19) the following new paragraph:
``(20) the State will distribute to unemployed individuals
State-specific information packets explaining unemployment
insurance eligibility conditions.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to certifications of States for 2008 and thereafter, except that
section 3304(a)(20) of the Internal Revenue Code of 1986, as added by
subsection (a), shall not be a requirement for the State law of any
State prior to July 1, 2009, if the legislature of such State does not
meet in a regular session which closes during the calendar year 2008.
|
Family Economic Stimulus Act of 2008 - Amends the Internal Revenue Code to: (1) exclude unemployment compensation from gross income in 2007 and 2008; (2) increase the child tax credit to $1,200 in 2008; (3) allow individual taxpayers a $400 tax rebate ($800 in the case of a joint return) in 2008; (4) extend unemployment insurance benefits; and (5) require states to distribute to unemployed individuals information about unemployment insurance eligibility conditions.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an economic stimulus for individuals."}
| 1,843 | 95 | 0.526979 | 1.282773 | 0.664603 | 3.193548 | 17.55914 | 0.913978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Infertility Treatment and
Care Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Infertility is a medical disease recognized by the
World Health Organization, the American Society for
Reproductive Medicine, and the American Medical Association
that affects men and women equally.
(2) According to the Centers for Disease Control and
Prevention, 1 in 8 couples have difficulty getting pregnant or
sustaining a pregnancy.
(3) Infertility affects a broad spectrum of prospective
parents. No matter what race, religion, sexuality, or economic
status one is, infertility does not discriminate.
(4) Approximately one-third of infertility is attributed to
the female partner, one-third is attributed to the male
partner, and one-third is caused by a combination of problems
in both partners or is unexplained.
(5) Infertility disproportionately affects individuals with
particular health complications. For cancer patients and others
who must undergo treatments such as chemotherapy, radiation
therapy, hormone therapy, or surgery that are likely to harm
the reproductive system and organs, fertility preservation
becomes necessary.
(6) Leading causes of infertility include chronic
conditions and diseases of the endocrine or metabolic systems,
such as primary ovarian insufficiency, polycystic ovarian
syndrome, endometriosis, thyroid disorders, menstrual cycle
defects, autoimmune disorders, hormonal imbalances, testicular
disorders, and urological health issues. Other causes include
structural problems or blockages within the reproductive
system, exposure to infectious diseases, occupational or
environmental hazards, or genetic influences.
(7) Recent improvements in therapy and cryopreservation
make pregnancy possible for more people than in past years.
(8) Like all other diseases, infertility and its treatments
should be covered by health insurance.
(9) A 2017 national survey of employer-sponsored health
plans found that 44 percent of employers with at least 500
employees did not cover infertility services, and 25 percent of
companies with 20,000 or more employees did not cover
infertility services.
(10) States that do not require insurance coverage of
assisted reproductive technology have higher rates of multiple
births.
(11) The ability to have a family should not be denied to
anyone on account of a lack of insurance coverage for medically
necessary treatment.
SEC. 3. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY AND
IATROGENIC INFERTILITY.
(a) In General.--Part A of title XXVII of the Public Health Service
Act (42 U.S.C. 300gg et seq.) is amended by inserting after section
2728 the following:
``SEC. 2729. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF
INFERTILITY AND IATROGENIC INFERTILITY.
``(a) In General.--A group health plan or a health insurance issuer
offering group or individual health insurance coverage shall ensure
that such plan or coverage provides coverage for--
``(1) the treatment of infertility, including
nonexperimental assisted reproductive technology procedures, if
such plan or coverage provides coverage for obstetrical
services; and
``(2) the treatment of iatrogenic infertility.
``(b) Definitions.--In this section:
``(1) the term `assisted reproductive technology' means
treatments or procedures that involve the handling of human
egg, sperm, and embryo outside of the body with the intent of
facilitating a pregnancy, including in vitro fertilization, egg
or embryo cryopreservation, egg or embryo donation, and
gestational surrogacy;
``(2) the term `infertility' means a disease, defined by
the failure to achieve a successful pregnancy after 12 months
or more, or for women over age 35, 6 months or more, of
appropriate, timed unprotected intercourse or therapeutic donor
insemination; and
``(3) the term `iatrogenic infertility' means an impairment
of fertility due to surgery, radiation, chemotherapy, or other
medical treatment.
``(c) Required Coverage.--
``(1) Coverage for infertility.--Subject to paragraph (3),
a group health plan and a health insurance issuer offering
group or individual health insurance coverage that includes
coverage for obstetrical services shall provide coverage for
treatment of infertility determined appropriate by the treating
physician, including, as appropriate, ovulation induction, egg
retrieval, sperm retrieval, artificial insemination, in vitro
fertilization, genetic screening, intracytoplasmic sperm
injection, and any other nonexperimental treatment, as
determined by the Secretary in consultation with appropriate
professional and patient organizations such as the American
Society for Reproductive Medicine, RESOLVE: The National
Infertility Association, and the American College of
Obstetricians and Gynecologists.
``(2) Coverage for iatrogenic infertility.--A group health
plan and a health insurance issuer offering group or individual
health insurance coverage shall provide coverage for treatment
of fertility preservation services for individuals who undergo
medically necessary treatment that may cause iatrogenic
infertility, as determined by the treating physician, including
cryopreservation of gametes and other procedures, as determined
by the Secretary, consistent with established medical practices
and professional guidelines published by professional medical
organizations, including the American Society for Clinical
Oncology and the American Society for Reproductive Medicine.
``(3) Limitation on coverage of assisted reproductive
technology.--A group health plan and a health insurance issuer
offering group or individual health insurance coverage shall
provide coverage for assisted reproductive technology as
required under paragraph (1) if--
``(A) the individual has been unable to bring a
pregnancy to a live birth through less costly
infertility treatments, as determined appropriate by
the treating physician, with consideration given to
participant's or beneficiary's specific diagnoses or
condition for which coverage is available under the
plan or coverage; and
``(B) the treatment is performed at a medical
facility that--
``(i) conforms to the standards of the
American Society for Reproductive Medicine and
the Society for Assisted Reproductive
Technology; and
``(ii) is in compliance with any standards
set by an appropriate Federal agency.
``(d) Limitation.--Cost-sharing, including deductibles and
coinsurance, or other limitations for infertility and iatrogenic
infertility therapy may not be imposed with respect to the services
required to be covered under subsection (c) to the extent that such
cost-sharing exceeds the cost-sharing applied to similar services under
the group health plan or health insurance coverage or such other
limitations are different from limitations imposed with respect to such
similar services.
``(e) Prohibitions.--A group health plan and a health insurance
issuer offering group or individual health insurance coverage may not--
``(1) provide incentives (monetary or otherwise) to a
participant or beneficiary to encourage such participant or
beneficiary not to be provided infertility or iatrogenic
infertility treatments to which such participant or beneficiary
is entitled under this section or to providers to induce such
providers not to provide such treatments to qualified
participants or beneficiaries;
``(2) prohibit a provider from discussing with a
participant or beneficiary infertility or iatrogenic
infertility treatment techniques or medical treatment options
relating to this section; or
``(3) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided
infertility or iatrogenic infertility treatments to a qualified
participant or beneficiary in accordance with this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require a participant or beneficiary to undergo
infertility or iatrogenic infertility therapy.
``(g) Notice.--A group health plan and a health insurance issuer
offering group or individual health insurance coverage shall provide
notice to each participant and beneficiary under such plan regarding
the coverage required by this section in accordance with regulations
promulgated by the Secretary. Such notice shall be in writing and
prominently positioned in any literature or correspondence made
available or distributed by the plan or issuer and shall be
transmitted--
``(1) in the next mailing made by the plan or issuer to the
participant or beneficiary;
``(2) as part of any yearly informational packet sent to
the participant or beneficiary; or
``(3) not later than January 1, 2020,
whichever is earlier.
``(h) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group or individual health insurance coverage from
negotiating the level and type of reimbursement with a provider for
care provided in accordance with this section.''.
(b) Conforming Amendment.--Section 2724(c) of the Public Health
Service Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section
2704'' and inserting ``sections 2704 and 2708''.
(c) Effective Dates.--
(1) In general.--The amendments made by subsections (a) and
(b) shall apply for plan years beginning on or after the date
that is 6 months after the date of enactment of this Act.
(2) Collective bargaining exception.--
(A) In general.--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 subsection (a) 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
enactment of this Act), or
(ii) the date occurring 6 months after the
date of the enactment of this Act.
(B) Clarification.--For purposes of subparagraph
(A), 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) shall not be treated as a termination of
such collective bargaining agreement.
SEC. 4. FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.
(a) In General.--Section 8902 of title 5, United States Code, is
amended by adding at the end the following:
``(p) Coverage for Diagnosis and Treatment of Infertility and
Iatrogenic Infertility.--
``(1) Definitions.--In this subsection, the terms
`infertility' and `iatrogenic infertility' have the meanings
given those terms in section 2729 of the Public Health Service
Act.
``(2) Required coverage.--A contract under this chapter
shall provide, in a manner consistent with section 2729 of the
Public Health Service Act--
``(A) coverage for the diagnosis and treatment of
infertility, including nonexperimental assisted
reproductive technology procedures, if such contract
covers obstetrical benefits; and
``(B) coverage for the diagnosis and treatment of
iatrogenic infertility.
``(3) Cost.--Coverage for the diagnosis or treatment of
infertility or iatrogenic infertility under a health benefits
plan described in section 8903 or 8903a may not be subject to
any copayment or deductible greater than the copayment or
deductible, respectively, applicable to obstetrical benefits
under the plan.
``(4) Preemption.--Subsection (m)(1) shall not, with
respect to a contract under this chapter, prevent the inclusion
of any terms that, under paragraph (2) of this subsection, are
required by reason of section 2729 of the Public Health Service
Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any contract entered into or renewed for a
contract year beginning on or after the date that is 180 days after the
date of enactment of this Act, and any health benefits plan offered
under such a contract.
SEC. 5. BENEFITS FOR TREATMENT OF INFERTILITY AND IATROGENIC
INFERTILITY UNDER THE TRICARE PROGRAM.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1110c. Obstetrical and infertility benefits
``(a) In General.--Any health care plan under this chapter shall
provide, in a manner consistent with section 2729 of the Public Health
Service Act--
``(1) coverage for the diagnosis and treatment of
infertility, including nonexperimental assisted reproductive
technology procedures, if such plan covers obstetrical
benefits; and
``(2) coverage for the diagnosis and treatment of
iatrogenic infertility.
``(b) Copayment.--The Secretary of Defense shall establish cost-
sharing requirements for the coverage of diagnosis and treatment of
infertility and iatrogenic infertility described in subsection (a) that
are consistent with the cost-sharing requirements applicable to health
plans and health insurance coverage under section 2729(d) of the Public
Health Service Act.
``(c) Regulations.--The Secretary of Defense shall prescribe any
regulations necessary to carry out this section.
``(d) Definitions.--In this section, the terms `infertility' and
`iatrogenic infertility' have the meanings given those terms in section
2729 of the Public Health Service Act.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title is amended by adding at the end the following
new item:
``1110c. Obstetrical and infertility benefits.''.
SEC. 6. TREATMENT OF INFERTILITY AND IATROGENIC INFERTILITY FOR
VETERANS AND SPOUSES OR PARTNERS OF VETERANS.
(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1720J. Infertility treatment for veterans and spouses or
partners of veterans.
``(a) In General.--The Secretary shall furnish treatment for
infertility and iatrogenic infertility, including through the use of
assisted reproductive technology, to a veteran or a spouse or partner
of a veteran if the veteran, and the spouse or partner of the veteran,
as applicable, apply jointly for such treatment and counseling through
a process prescribed by the Secretary for purposes of this section.
``(b) Infertility Defined.--In this section, the terms
`infertility' and `iatrogenic infertility' have the meanings given
those terms in section 2729 of the Public Health Service Act.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1720I the following new item:
``1720J. Infertility treatment for veterans and spouses or partners of
veterans.''.
(c) Regulations.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
prescribe regulations to carry out section 1720J of title 38, United
States Code, as added by subsection (a).
|
Access to Infertility Treatment and Care Act This bill amends the Public Health Service Act to require private health insurance plans that cover obstetrical services to also cover infertility treatments (e.g., in vitro fertilization). The bill also extends coverage to federal employees, members of the U.S. military, and veterans.
|
{"src": "billsum_train", "title": "Access to Infertility Treatment and Care Act"}
| 3,541 | 76 | 0.441503 | 1.186451 | 0.411633 | 2 | 53 | 0.821429 |
SECTION 1. CLASS SIZE REDUCTION.
Title V of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7201 et seq.) is amended by adding at the end the following:
``PART E--CLASS SIZE REDUCTION
``SEC. 5701. GRANT PROGRAM.
``(a) Purpose.--The purposes of this section are--
``(1) to reduce class size through the use of fully
qualified teachers;
``(2) to assist States and local educational agencies in
recruiting, hiring, and training 100,000 teachers in order to
reduce class sizes nationally, in grades 1 through 3, to an
average of 18 students per regular classroom; and
``(3) to improve teaching in those grades so that all
students can learn to read independently and well by the end of
the 3d grade.
``(b) Allotment to States.--
``(1) Reservation.--From the amount made available to carry
out this part for a fiscal year, the Secretary shall reserve
not more than 1 percent for the Secretary of the Interior (on
behalf of the Bureau of Indian Affairs) and the outlying areas
for activities carried out in accordance with this section.
``(2) State allotments.--
``(A) Hold harmless.--
``(i) In general.--Subject to subparagraph
(B) and clause (ii), from the amount made
available to carry out this part for a fiscal
year and not reserved under paragraph (1), the
Secretary shall allot to each State an amount
equal to the amount that such State received
for the preceding fiscal year under this
section.
``(ii) Ratable reduction.--If the amount
made available to carry out this part for a
fiscal year and not reserved under paragraph
(1) is insufficient to pay the full amounts
that all States are eligible to receive under
clause (i) for such fiscal year, the Secretary
shall ratably reduce such amounts for such
fiscal year.
``(B) Allotment of additional funds.--
``(i) In general.--Subject to clause (ii),
for any fiscal year for which the amount made
available to carry out this part and not
reserved under paragraph (1) exceeds the amount
made available to the States for the preceding
year under the authorities described in
subparagraph (A)(i), the Secretary shall allot
to each of those States the percentage of the
excess amount that is the greater of--
``(I) the percentage the State
received for the preceding fiscal year
of the total amount made available to
the States under section 1122; or
``(II) the percentage so received
of the total amount made available to
the States under section 2111(b).
``(ii) Ratable reductions.--If the excess
amount for a fiscal year is insufficient to pay
the full amounts that all States are eligible
to receive under clause (i) for such fiscal
year, the Secretary shall ratably reduce such
amounts for such fiscal year.
``(c) Allocation to Local Educational Agencies.--
``(1) Allocation.--Each State that receives funds under
this section shall allocate 100 percent of those funds to local
educational agencies, of which--
``(A) 80 percent shall be allocated to those local
educational agencies in proportion to the number of
children, age 5 through 17, from families with incomes
below the poverty line (as defined by the Office of
Management and Budget and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved, who reside
in the school district served by that local educational
agency for the most recent fiscal year for which
satisfactory data are available, compared to the number
of those children who reside in the school districts
served by all the local educational agencies in the
State for that fiscal year; and
``(B) 20 percent shall be allocated to those local
educational agencies in accordance with the relative
enrollments of children, age 5 through 17, in public
and private nonprofit elementary schools and secondary
schools within the areas served by those agencies.
``(2) Exception.--Notwithstanding paragraph (1) and
subsection (d)(2)(B), if the award to a local educational
agency under this section is less than the starting salary for
a new fully qualified teacher for a school served by that
agency, that agency may use funds made available under this
section to--
``(A) help pay the salary of a full- or part-time
fully qualified teacher hired to reduce class size,
which may be done in combination with the expenditure
of other Federal, State, or local funds; or
``(B) pay for activities described in subsection
(d)(2)(A)(iii) that may be related to teaching in
smaller classes.
``(d) Use of Funds.--
``(1) Mandatory uses.--Each local educational agency that
receives funds under this section shall use those funds to
carry out effective approaches to reducing class size through
use of fully qualified teachers to improve educational
achievement for both regular and special needs children, with
particular consideration given to reducing class size in the
early elementary grades for which some research has shown class
size reduction is most effective.
``(2) Permissible uses.--
``(A) In general.--Each such local educational
agency may use funds made available under this section
for--
``(i) recruiting (including through the use
of signing bonuses, and other financial
incentives), hiring, and training fully
qualified regular and special education
teachers (which may include hiring special
education teachers to team-teach with regular
teachers in classrooms that contain both
children with disabilities and non-disabled
children) and teachers of special needs
children;
``(ii) testing new teachers for academic
content knowledge, and to meet State
certification or licensing requirements that
are consistent with title II of the Higher
Education Act of 1965; and
``(iii) providing professional development
(which may include such activities as promoting
retention and mentoring) for teachers,
including special education teachers and
teachers of special needs children, in order to
meet the goal of ensuring that all teachers
have the general knowledge, teaching skills,
and subject matter knowledge necessary to teach
effectively in the content areas in which the
teachers teach, consistent with title II of the
Higher Education Act of 1965.
``(B) Limitation on testing and professional
development.--
``(i) In general.--Except as provided in
clause (ii), a local educational agency may use
not more than a total of 25 percent of the
funds received by the agency under this section
for activities described in clauses (ii) and
(iii) of subparagraph (A).
``(ii) Special rule.--A local educational
agency may use more than 25 percent of the
funds the agency receives under this section
for activities described in subparagraph
(A)(iii) for the purpose of helping teachers
who are not yet fully qualified in attaining
full qualification if 10 percent or more of the
elementary school classes in a school are
taught by individuals who are not fully
qualified teachers or the State educational
agency has waived State certification or
licensing requirements for 10 percent or more
of such teachers.
``(C) Use of funds by agencies that have reduced
class size.--Notwithstanding subparagraph (B), a local
educational agency that has already reduced class size
in the early elementary grades to 18 or fewer children
(or has already reduced class size to a State or local
class size reduction goal that was in effect on
November 28, 1999 if that goal is 20 or fewer children)
may use funds received under this section--
``(i) to make further class size reductions
in kindergarten through third grade;
``(ii) to reduce class size in other
grades; or
``(iii) to carry out activities to improve
teacher quality, including professional
development.
``(3) Supplement, not supplant.--Each such agency shall use
funds made available under this section only to supplement, and
not to supplant, State and local funds that, in the absence of
funds made available under this section, would otherwise be
expended for activities described in this section.
``(4) Limitation on use for salaries and benefits.--
``(A) In general.--Except as provided in
subparagraph (B), no funds made available under this
section may be used to increase the salaries of, or
provide benefits (other than participation in
professional development and enrichment programs) to,
teachers who are not hired under this section.
``(B) Exception.--Funds made available under this
section may be used to pay the salaries of teachers
hired under section 306 of the Department of Education
Appropriations Act, 2001.
``(e) Reports.--
``(1) State activities.--Each State receiving funds under
this section shall prepare and submit to the Secretary a
biennial report on activities carried out in the State under
this section that provides the information described in section
5122(a)(2) with respect to the activities.
``(2) Progress concerning class size and qualified
teachers.--Each State and local educational agency receiving
funds under this section shall annually report to parents and
the public, in numeric form as compared to the previous year,
on--
``(A) the agency's progress in reducing class size,
and increasing the percentage of classes in core
academic areas taught by fully qualified teachers; and
``(B) the impact that hiring additional fully
qualified teachers and reducing class size, has had, if
any, on increasing student academic achievement.
``(3) Notice.--Each local educational agency that receives
funds under this section shall provide to each individual
parent of a child who attends a school in such local
educational agency timely, written notice if the child has been
assigned or has been taught for 2 or more consecutive weeks by
a substitute teacher, as defined by such local educational
agency, or a teacher who is not fully qualified.
``(f) Private Schools.--If a local educational agency uses funds
made available under this section for professional development
activities, the agency shall ensure the equitable participation of
private nonprofit elementary schools and secondary schools in such
activities in accordance with section 5142. Section 5142 shall not
apply to other activities carried out under this section.
``(g) Administrative Expenses.--A local educational agency that
receives funds under this section may use not more than 3 percent of
such funds for local administrative costs.
``(h) Request for Funds.--Each local educational agency that
desires to receive funds under this section shall include in the
application required under section 6303 a description of the agency's
program to reduce class size by hiring additional fully qualified
teachers.
``(i) Certification, Licensing, and Competency.--No funds made
available under this section may be used to pay the salary of any
teacher unless such teachers is fully qualified.
``(j) Definitions.--As used in this section--
``(1) the term `certified' includes certification through
State or local alternative routes; and
``(2) the term `fully qualified'--
``(A) when used with respect to an elementary or
secondary school teacher, means that the teacher has
obtained certification or passed the State licensing
exam and holds a license; and
``(B) when used with respect to--
``(i) an elementary school teacher, means
that the teacher holds a bachelor's degree and
demonstrates general knowledge, teaching skill,
and subject matter knowledge required to teach
at the elementary school level in the core
academic subjects; or
``(ii) a middle or secondary school
teacher, means that the teacher holds a
bachelor's degree and demonstrates a high level
of competency in all subject areas in which he
or she teaches through--
``(I) a high level of performance
on a rigorous academic subject area
test; or
``(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
``SEC. 5702. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$2,000,000,000 for fiscal year 2007 and such sums as may be necessary
for fiscal years 2008 through 2011.''.
|
Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to reduce class size through the use of fully-qualified teachers.
Allots funds to states and local educational agencies to recruit, hire, and train additional teachers, in order to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in those grades so that all students can learn to read independently and well by the end of the third grade.
|
{"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to reduce class size through the use of fully qualified teachers, and for other purposes."}
| 2,673 | 103 | 0.533472 | 1.438389 | 0.967881 | 4.950495 | 25.415842 | 0.910891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``1863 Gettysburg Campaign Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The 1863 invasion of Pennsylvania and the resulting
Battle of Gettysburg proved decisive in the final outcome of
the American Civil War.
(2) President Abraham Lincoln's Gettysburg Address put the
Civil War in perspective as a test of the success of the
American Revolution.
(3) The Army Heritage Center Foundation works with the
United States Army to establish, sponsor, support, promote, and
maintain the United States Army Heritage and Education Center
at Carlisle, Pennsylvania.
(4) The Army Heritage and Education Center is the Army's
premier center for the study of the role of the individual
soldier in support of the Nation.
(5) The Civil War photograph and manuscript collection at
the Center is considered one of the finest in the Nation.
(6) The Center seeks to honor the service and sacrifice of
soldiers and their families, preserve the memories of their
service by gathering and preserving artifact and manuscript
collections, and to educate the public through a world class
archives, museum displays, and engaging educational programs.
(7) The goal of the Center is promote an appreciation of
the sacrifices that generations of American soldiers and their
families have made to safeguard the freedoms of this Nation.
(8) The Army Heritage Center Foundation will, through
donated support, fund and construct the public components of
the Army Heritage and Education Center--the Visitor and
Education Center and the Army Heritage Museum--and, once
construction is complete, focus on providing ``margin of
excellence support'' to meet the needs of educational programs
and other activities at the Army Heritage and Education Center
for which Federal funds are unavailable.
(9) The Gettysburg Foundation is dedicated to supporting
the Gettysburg National Military Park, a unit of the National
Park Service, by--
(A) operating the new Museum and Visitor Center for
the Park;
(B) funding the preservation and rehabilitation of
the Park's resources;
(C) preserving and displaying the Cyclorama
painting; and
(D) providing visitors with an understanding of the
significance of the Battle of Gettysburg within the
context of the causes and consequences of the American
Civil War.
(10) The Army Heritage Center Foundation and the Gettysburg
Foundation are each nongovernmental, member-based, and publicly
supported nonprofit organizations that are dependent on funds
from members, donations, and grants for support.
(11) The Foundations use such support to help create and
sustain the Gettysburg National Military Park and the Army
Heritage and Education Center.
(12) The Gettysburg Foundation is recognized as the
official partner of Gettysburg National Military Park and the
Army Heritage Center Foundation is recognized by the Secretary
of the Army as the lead agency supporting the development of
the Army Heritage and Education Center.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In recognition and commemoration of the 1863
Invasion of Pennsylvania, the decisive Battle of Gettysburg, and
President Lincoln's Gettysburg's Address, and notwithstanding any other
provision of law, the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall mint and issue the following
coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Not more than 750,000 half
dollar coins, which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins, contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the history and memory of the
Gettysburg campaign and President Lincoln's Gettysburg Address.
(2) Designations and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2013''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall--
(1) contain motifs that specifically commemorate the 1863
invasion of Pennsylvania, the Battle at Gettysburg, and
Lincoln's Gettysburg Address;
(2) be selected by the Secretary, after consultation with
the Secretary of the Army, the Secretary of the Interior, and
the Commission of Fine Arts; and
(3) be reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facilities.--For each of the 3 coins minted under this
Act, at least 1 facility of the United States Mint shall be used to
strike proof quality coins, while at least 1 other such facility shall
be used to strike the uncirculated quality coins.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2013.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary as
follows:
(1) Army heritage center foundation.--\1/2\ to the Army
Heritage Center Foundation.
(2) Gettysburg foundation.--\1/2\ to the Gettysburg
Foundation.
(c) Audits.--The Army Heritage Center Foundation and the Gettysburg
Foundation shall each be subject to the audit requirements of section
5134(f)(2) of title 31, United States Code, with regard to the amounts
received by each such Foundation under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
|
1863 Gettysburg Campaign Act - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the history and memory of the 1863 invasion of Pennsylvania, the Battle of Gettysburg, and the Gettysburg Address of President Abraham Lincoln.
|
{"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in recognition of and to commemorate the 1863 invasion of Pennsylvania, the Battle of Gettysburg and President Abraham Lincoln's Gettysburg Address."}
| 1,897 | 74 | 0.43895 | 1.112711 | -0.092711 | 3.266667 | 29.35 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Police Accountability Act of 1993''.
SEC. 2. PATTERN OR PRACTICE CASES.
(a) Cause of Action.--
(1) Unlawful conduct.--It shall be unlawful for any
governmental authority, or any agent thereof, or any person
acting on behalf of a governmental authority, to engage in a
pattern or practice of conduct by law enforcement officers that
deprives persons of rights, privileges, or immunities, secured
or protected by the Constitution or laws of the United States.
(2) Civil action by attorney general.--Whenever the
Attorney General has reasonable cause to believe that a
violation of paragraph (1) has occurred, the Attorney General,
for or in the name of the United States, may in a civil action
obtain appropriate equitable and declaratory relief to
eliminate the pattern or practice.
(3) Civil action by injured person.--Any person injured by
a violation of paragraph (1) may in a civil action obtain
appropriate equitable and declaratory relief to eliminate the
pattern or practice. In any civil action under this paragraph,
the court may allow the prevailing plaintiff reasonable
attorneys' fees and other litigation fees and costs (including
expert's fees). A governmental body shall be liable for such
fees and costs to the same extent as a private individual.
(b) Definition.--As used in this section, the term ``law
enforcement officer'' means an official empowered by law to conduct
investigations of, to make arrests for, or to detain individuals
suspected or convicted of, criminal offenses.
SEC. 3. CRIMINAL PENALTY.
(a) In General.--Chapter 13 (relating to civil rights) of title 18,
United States Code, is amended by adding at the end the following:
``SEC. 248. POLICE BRUTALITY.
``(a) Offense.--Whoever, being a law enforcement officer and under
color of law, subjects any person to force exceeding that which is
reasonably necessary to carry out a law enforcement duty, shall be
punished under subsection (b).
``(b) Punishment.--(1) The punishment for an offense under this
section is a fine under this title, or imprisonment under paragraph
(2), or both.
``(2) The imprisonment for an offense under this section shall--
``(A) if death results, be for any term of years or for
life;
``(B) if bodily injury other than death results, be for not
more than 10 years; and
``(C) in any other case, not exceed one year.
``(c) Definition.--As used in this section, the term `law
enforcement officer' means an official empowered by law to conduct
investigations of, to make arrests for, or to detain individuals
suspected or convicted of, criminal offenses.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 13 of title 18, United States Code, is amended by adding at the
end the following:
``248. Police brutality.''.
SEC. 4. DATA ON USE OF EXCESSIVE FORCE.
(a) Attorney General to Collect.--The Attorney General shall
acquire and annually publish data about complaints to criminal justice
authorities about the use of excessive force by law enforcement
officers.
(b) The Attorney General shall submit to Congress a report
analyzing complaints of excessive force by local law enforcement
authorities made to federal enforcement authorities with a breakdown--
(1) of the racial composition of complainants,
(2) the race of officers accused of excessive use of force,
and
(3) whether federal law enforcement authorities
investigated, prosecuted or obtained convictions in each case.
(b) Guidelines and Procedures.--The Attorney General shall
establish--
(1) guidelines for the submission of such data; and
(2) procedures for carrying out this section.
(c) Limitation on Use of Data.--Data acquired under this section
shall be used only for research or statistical purposes and may not
contain any information that may reveal the identity of the complainant
or any individual involved in the incident giving rise to the
complaint.
(d) Annual Summary.--The Attorney General shall publish an annual
summary of the data acquired under this section.
(e) Criminal Justice Assistance Funds.--
(1) Section 503 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3753) is amended by
inserting at the end of subsection (a) the following:
``(12) A certification that the State and its units of
local government are providing information to the Attorney
General that the Attorney General is obligated to acquire under
section 4 of the Police Accountability Act of 1991 regarding
complaints to criminal justice authorities about the use of
excessive force by law enforcement officers.''.
(2) Section 503(a)(12) of the Omnibus Crime Control and
Safe Streets Act of 1968 (as added by paragraph (1)), shall
apply to applications submitted on or after the date that is
one year after the date of the enactment of this Act.
|
Police Accountability Act of 1993 - Makes it unlawful for any governmental authority to engage in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or statutory rights, privileges, or immunities.
Authorizes: (1) civil actions by the Attorney General and by any injured person to obtain equitable and declaratory relief to eliminate any such pattern or practice; and (2) the court to allow the prevailing plaintiff (in the case of an action by an injured person) reasonable attorney's fees and other litigation fees and costs, including expert's fees. Specifies that a governmental body shall be liable for such fees and costs to the same extent as a private individual.
Establishes penalties for police brutality (excessive force), including a fine and imprisonment for any term of years or life if death results, for not more than ten years if bodily injury other than death results, and for not to exceed one year in any other case.
Directs the Attorney General to: (1) acquire and publish an annual summary of data about complaints to criminal justice authorities about the use of excessive force by law enforcement officers; and (2) report to the Congress on complaints of excessive force by local law enforcement authorities made to Federal enforcement authorities with a breakdown of the racial composition of complainants, the race of officers accused of excessive use of force, and whether Federal law enforcement authorities investigated, prosecuted, or obtained convictions in each case.
Requires State applications for justice system improvement grants (under the Omnibus Crime Control and Safe Streets Act of 1968) to include a certification that the State and its units of local government are providing such data to the Attorney General.
|
{"src": "billsum_train", "title": "Police Accountability Act of 1993"}
| 1,115 | 364 | 0.63923 | 2.177038 | 0.773105 | 4.551829 | 3.176829 | 0.935976 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Reforming Federal
Procurement of Information Technology Act'' or ``RFP-IT Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Increase in simplified acquisition threshold for information
technology projects.
Sec. 3. Permanent authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 4. Presidential Innovation Fellows Program.
Sec. 5. Redesignation of Office and Administrator of Electronic
Government as United States Digital
Government Office and United States Chief
Information Officer.
Sec. 6. Digital Service Pilot Program.
Sec. 7. Analysis and report on streamlining and strengthening IT
Schedule 70.
Sec. 8. Report by Government Accountability Office on information
technology acquisition by the Federal
Government.
Sec. 9. Improving the quality of information technology solicitations.
Sec. 10. FAR Council membership for Administrator of Small Business
Administration.
SEC. 2. INCREASE IN SIMPLIFIED ACQUISITION THRESHOLD FOR INFORMATION
TECHNOLOGY PROJECTS.
(a) Increase.--Section 134 of title 41, United States Code, is
amended by striking ``means $100,000.'' and inserting the following:
``means--
``(1) $100,000; or
``(2) in the case of a contract for the purchase of
information technology (as such term is defined in section
11101 of title 40) services from a small business concern (as
such term is defined in section 3(a) of the Small Business Act
(15 U.S.C. 632(a)), $500,000.''.
(b) Construction.--Nothing in the amendment made by subsection (a)
shall be construed as affecting adjustments made by, or the authority
of, the Federal Acquisition Regulatory Council under section 1908 of
title 41, United States Code (relating to inflation adjustment of
acquisition-related dollar thresholds).
SEC. 3. PERMANENT AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.
Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public
Law 104-106; 10 U.S.C. 2304 note) is amended by striking subsection
(e).
SEC. 4. PRESIDENTIAL INNOVATION FELLOWS PROGRAM.
(a) Establishment.--There is established within the General
Services Administration a program to be known as the ``Presidential
Innovation Fellows Program'' (in this section referred to as the
``Program'').
(b) Purpose.--The purpose of the Program is to bridge the gap
between the private sector and the public sector by bringing non-
Government innovators into the Government to work collaboratively for a
period of time with Government innovators in order to rapidly solve
challenges of national importance.
(c) Administration.--The Administrator of General Services shall
administer the Program.
(d) Fellows.--
(1) Selection of fellows.--The Administrator of General
Services shall select Presidential Innovation Fellows for
participation in the Program.
(2) Length of fellowships.--Each fellowship in the Program
shall last 6 to 13 months, at the discretion of the
Administrator of General Services.
(3) Qualifications.--In order to participate in the
Program, a candidate for fellow shall be a citizen of the
United States and able to fulfill the duties of the role for
which the candidate applies.
SEC. 5. REDESIGNATION OF OFFICE AND ADMINISTRATOR OF ELECTRONIC
GOVERNMENT AS UNITED STATES DIGITAL GOVERNMENT OFFICE AND
UNITED STATES CHIEF INFORMATION OFFICER.
(a) Redesignation of Office as United States Digital Government
Office.--Section 3602(a) of title 44, United States Code, is amended by
striking ``Office of Electronic Government'' and inserting ``an office
to be known as the `United States Digital Government Office' or `United
States DGO'''.
(b) Redesignation of Head of Office as United States Chief
Information Officer.--Section 3602(b) of such title is amended to read
as follows:
``(b) There shall be at the head of the office an officer who shall
be known as the United States Chief Information Officer (referred to in
this section as the `United States CIO'), appointed by the President by
and with the advice and consent of the Senate. The Director shall
delegate to the United States CIO the authority to administer all
functions set forth in this section or any other applicable law, except
that any such delegation shall not relieve the Director of
responsibility for the administration of such functions. The United
States CIO shall serve as principal adviser to the Director on Federal
information technology policy.''.
(c) Conforming Amendments.--Section 3602 of such title is further
amended--
(1) in subsection (c), by striking ``Administrator'' and
inserting ``United States CIO'';
(2) in subsections (d), (e), and (f), by striking
``Administrator'' the first place it appears and inserting
``United States CIO''; and
(3) in subsections (f)(16) and (g), by striking ``Office of
Electronic Government'' and inserting ``United States Digital
Government Office''.
(d) References.--As of the date of the enactment of this Act, any
reference in law or regulation to the Office of Electronic Government
and the Administrator of the Office of Electronic Government shall be
deemed to refer to the United States Digital Government Office and the
United States Chief Information Officer, respectively.
SEC. 6. DIGITAL SERVICE PILOT PROGRAM.
(a) Establishment.--There is established within the United States
Digital Government Office a pilot program to be known as the ``Digital
Service Pilot Program'' (in this section referred to as the ``Pilot
Program'').
(b) Purpose.--The purpose of the Pilot Program is to provide
digital service experts to support executive agencies on high-priority
Federal information technology projects. The Pilot Program shall be
carried out in accordance with this section and may include the
initiative in the Office of Management and Budget to provide such
digital service experts.
(c) Head of Digital Service Pilot Program.--The United States Chief
Information Officer shall administer the Pilot Program.
(d) Projects.--
(1) Minimum number.--During the three-year period beginning
on the date of the enactment of this Act, the Pilot Program
shall initiate and complete no fewer than five high-priority
Federal information technology projects in partnership with
executive agencies.
(2) Specific agency projects.--Of the projects required
under this subsection, at least one project shall be initiated
in each of the following entities:
(A) The Office of Management and Budget.
(B) The General Services Administration.
(C) The Department of Homeland Security.
(D) The Department of Veterans Affairs.
(E) The Small Business Administration.
(e) Definition.--In this section, the term ``executive agency'' has
the meaning provided that term by section 105 of title 5, United States
Code.
SEC. 7. ANALYSIS AND REPORT ON STREAMLINING AND STRENGTHENING IT
SCHEDULE 70.
(a) Analysis Requirement.--The Administrator of General Services
shall conduct an in-depth analysis of IT Schedule 70. The analysis
shall cover, at a minimum, the following:
(1) Methods to enhance the administration of IT Schedule
70.
(2) Identification of the most onerous or burdensome
requirements related to using IT Schedule 70.
(3) Methods to lower barriers to entry to using IT Schedule
70, to ensure that innovative information technology firms are
not discouraged by superfluous or unnecessary barriers.
(4) Ways to ensure that the Federal Government has direct
access to the Nation's most innovative technology firms, which
includes attracting companies that operate solely in the
commercial marketplace.
(b) Report Requirement.--The Administrator shall submit to Congress
a report on the analysis conducted under subsection (a), not later than
365 days after the date of the enactment of this Act. The report shall
include the results of the analysis and specific recommendations on
potential administrative and statutory modifications that would
eliminate or fix any problems identified in the report.
(c) IT Schedule 70 Defined.--In this section, the term ``IT
Schedule 70'' means the multiple award supply schedule of the General
Services Administration for the procurement of information technology.
SEC. 8. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE ON INFORMATION
TECHNOLOGY ACQUISITION BY THE FEDERAL GOVERNMENT.
(a) Report Requirement.--The Comptroller General of the United
States shall submit to Congress one or more reports on the following:
(1) The effectiveness of the 18F program of the General
Services Administration.
(2) IT Schedule 70 (as defined in section 7), including the
manner in which the Schedule does or does not enable agencies
to have access to effective, up-to-date technology at
competitive prices from the best technology firms.
(3) Challenges and barriers to entry for small business
technology firms, including the reasons why certain small
business technology firms that are successful in the private
sector decide not to enter the Federal marketplace.
(b) Deadline.--The Comptroller General shall submit a report or
reports under subsection (a) not later than 2 years after the date of
the enactment of this Act.
SEC. 9. IMPROVING THE QUALITY OF INFORMATION TECHNOLOGY SOLICITATIONS.
(a) Enhanced Communication Between Government and Industry.--Not
later than 180 days after the date of the enactment of this Act, the
Federal Acquisition Regulation shall be revised to clarify that agency
acquisition personnel are permitted and encouraged to engage in
responsible and constructive exchanges with industry, so long as those
exchanges are consistent with existing law and regulation and do not
promote an unfair competitive advantage to particular firms.
(b) Priority Goal for Information Technology Management.--The
United States Chief Information Officer, in consultation with the
Administrator for Federal Procurement Policy, shall advise the Director
of the Office of Management and Budget to ensure that the priority goal
for the Federal Government relating to information technology
management under section 1120(a)(1)(B)(iii) of title 31, United States
Code, addresses improving the performance of Federal agencies in
development specifications for a contract for an information technology
project.
SEC. 10. FAR COUNCIL MEMBERSHIP FOR ADMINISTRATOR OF SMALL BUSINESS
ADMINISTRATION.
(a) Addition of Administrator of Small Business Administration to
Federal Acquisition Regulatory Council.--Section 1302(b) of title 41,
United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period and inserting ``; and'' at the
end of subparagraph (D); and
(3) by adding at the end the following new subparagraph:
``(E) the Administrator of the Small Business
Administration.''.
(b) Conforming Amendments.--Section 1303(a)(1) of such title is
amended--
(1) by striking ``and the Administrator of National
Aeronautics and Space,'' and inserting ``the Administrator of
National Aeronautics and Space, and the Administrator of the
Small Business Administration,''; and
(2) by striking ``and the National Aeronautics and Space
Act of 1958 (42 U.S.C. 2451 et seq.),'' and inserting ``the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et
seq.), and the Small Business Act (15 U.S.C. 631 et seq.),''.
|
Reforming Federal Procurement of Information Technology Act or RFP-IT Act - Establishes an increased $500,000 simplified acquisition threshold for contracts for the purchase of information technology services from a small business concern. Makes permanent the authority to issue solicitations for purchases of commercial items in excess of the simplified acquisition threshold. Establishes within the General Services Administration (GSA) the Presidential Innovation Fellows Program to bring non-government innovators into the federal government to solve challenges of national importance. Redesignates the Office of Electronic Government as the United States Digital Government Office or United States DGO. Designates the head of such Office as the U.S. Chief Information Officer. Establishes in the DGO the Digital Service Pilot Program to provide digital services to support executive agencies on high-priority federal information technology projects. Directs the GSA Administrator to conduct an in-depth analysis of IT Schedule 70. Defines "IT Schedule 70" as the multiple award supply of GSA for the procurement of information technology. Directs the Comptroller General (GAO) to report to Congress on: (1) the effectiveness of the 18F program of GSA, (2) IT Schedule 70, and (3) challenges and barriers to entry for small business technology firms into the federal marketplace. Requires the Federal Acquisition Regulation (FAR) to be revised to clarify that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as such exchanges are consistent with existing law and do not promote an unfair competitive advantage. Requires the U.S. Chief Information Officer to advise the Director of the Office of Management and Budget (OMB) on improving the performance of federal agencies in development specifications for an information technology project contract. Makes the Administrator of the Small Business Administration (SBA) a member of the FAR Council.
|
{"src": "billsum_train", "title": "RFP-IT Act"}
| 2,675 | 419 | 0.606996 | 2.112148 | 0.800648 | 4.059172 | 6.902367 | 0.87574 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Patient
Communications Protection Act of 1996''.
(b) Findings.--Congress finds the following:
(1) Patients need access to all relevant information to
make appropriate decisions, with their physicians, about their
health care.
(2) Restrictions on the ability of physicians to provide
full disclosure of all relevant information to patients making
health care decisions violate the principles of informed
consent and practitioner ethical standards.
(3) The offering and operation of health plans affect
commerce among the States. Health care providers located in one
State serve patients who reside in other States as well as that
State. In order to provide for uniform treatment of health care
providers and patients among the States, it is necessary to
cover health plans operating in one State as well as those
operating among the several States.
SEC. 2. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL
COMMUNICATIONS.
(a) In General.--
(1) Prohibition of certain provisions.--Subject to
paragraph (2), an entity offering a health plan (as defined in
subsection (d)(2)) may not include any provision that prohibits
or restricts any medical communication (as defined in
subsection (b)) as part of--
(A) a written contract or agreement with a health
care provider,
(B) a written statement to such a provider, or
(C) an oral communication to such a provider.
(2) Construction.--Nothing in this section shall be
construed as preventing an entity from exercising mutually
agreed upon terms and conditions not inconsistent with
paragraph (1), including terms or conditions requiring a
physician to participate in, and cooperate with, all programs,
policies, and procedures developed or operated by the person,
corporation, partnership, association, or other organization to
ensure, review, or improve the quality of health care.
(3) Nullification.--Any provision described in paragraph
(1) is null and void.
(b) Medical Communication Defined.--In this section, the term
``medical communication'' means a communication made by a health care
provider with a patient of the provider (or the guardian or legal
representative of such patient) with respect to the patient's physical
or mental condition or treatment options.
(c) Enforcement Through Imposition of Civil Money Penalty.--
(1) In general.--Any entity that violates paragraph (1) of
subsection (a) shall be subject to a civil money penalty of up
to $15,000 for each violation. No such penalty shall be imposed
solely on the basis of an oral communication unless the
communication is part of a pattern or practice of such
communications and the violation is demonstrated by a
preponderance of the evidence.
(2) Procedures.--The provisions of subsections (c) through
(l) of section 1128A of the Social Security Act (42 U.S.C.
1320a-7a) shall apply to civil money penalties under paragraph
(1) in the same manner as they apply to a penalty or proceeding
under section 1128A(a) of such Act.
(d) Definitions.--For purposes of this section:
(1) Health care provider.--The term ``health care
provider'' means anyone licensed under State law to provide
health care services, including a practitioner such as a nurse
anesthetist or chiropractor who is so licensed.
(2) Health plan.--The term ``health plan'' means any public
or private health plan or arrangement (including an employee
welfare benefit plan) which provides, or pays the cost of,
health benefits, and includes an organization of health care
providers that furnishes health services under a contract or
agreement with such a plan.
(3) Coverage of third party administrators.--In the case of
a health plan that is an employee welfare benefit plan (as
defined in section 3(1) of the Employee Retirement Income
Security Act of 1974), any third party administrator or other
person with responsibility for contracts with health care
providers under the plan shall be considered, for purposes of
this section, to be an entity offering such health plan.
(e) Non-Preemption of State Law.--A State may establish or enforce
requirements with respect to the subject matter of this section, but
only if such requirements are consistent with the Act and are more
protective of medical communications than the requirements established
under this section.
(g) Effective Date.--Subsection (a) shall take effect 180 days
after the date of the enactment of this Act and shall apply to medical
communications made on or after such date.
|
Patient Communications Protection Act of 1996 - Prohibits an entity offering a health plan from prohibiting or restricting any communication by a health care provider with a patient regarding the patient's physical or mental condition or treatment options. Mandates a civil monetary penalty. Allows related State requirements only if they are more protective of such communications than the requirements of this Act.
|
{"src": "billsum_train", "title": "Patient Communications Protection Act of 1996"}
| 993 | 82 | 0.55958 | 1.343677 | 0.791801 | 3.132353 | 13.588235 | 0.867647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hospital Fair Competition Act of
2005''.
SEC. 2. HOSPITAL PAYMENT IMPROVEMENTS.
(a) Use of Estimated Costs Rather Than Average Charges in
Establishing Weighting Factors for Diagnosis-Related Groups Under the
Inpatient Hospital Prospective Payment System.--
(1) In general.--Section 1886(d)(4)(B) of the Social
Security Act (42 U.S.C. 1395ww(d)(4)(B)) is amended--
(A) by inserting ``(i)'' after ``(B)''; and
(B) by adding at the end the following new clause:
``(ii) For fiscal years beginning after fiscal year 2006, in
establishing the weighting factors under clause (i), the Secretary
shall ensure (to the extent feasible) that such factors reflect the
estimated costs of furnishing care in each diagnosis-related group.''.
(2) No requirement for annual adjustment for changes in
costs.--Section 1886(d)(4)(C)(i) of the Social Security Act (42
U.S.C. 1395ww(d)(4)(C)(i)) is amended by adding at the end the
following new sentence: ``Notwithstanding the preceding
sentence, the Secretary may adjust the weighting factors
established under subparagraph (B) less frequently than
annually (but in no case less frequently than once every 5
years) in carrying out the requirement under clause (ii) of
such subparagraph.''.
(b) Calculation of Weighting Factors at Hospital Level Under the
Inpatient Hospital Prospective Payment System.--Section 1886(d)(4)(B)
of the Social Security Act (42 U.S.C. 1395ww(d)(4)(B)), as amended by
subsection (a)(1), is amended by adding at the end the following new
clause:
``(iii) For fiscal years beginning after fiscal year 2006, in
establishing the weighting factors under clause (i), the Secretary
shall calculate such factors at a hospital level and then aggregate
such factors to a national level.''.
(c) Adjustment of Weighting Factors for Diagnosis-Related Groups
Under the Inpatient Hospital Prospective Payment System To Finance
High-Cost Outlier Cases and To Account for Changes in the Distribution
of Such Cases.--
(1) PPS hospitals.--
(A) In general.--Section 1886(d)(3)(B) of the
Social Security Act (42 U.S.C. 1395ww(d)(3)(B)) is
amended to read as follows:
``(B) Reducing for value of outlier payments.--
``(i) Reduction of average standardized amounts.--
The Secretary shall, for discharges occurring before
fiscal year 2007, reduce each of the average
standardized amounts determined under subparagraph (A)
by a factor equal to the proportion of payments under
this subsection (as estimated by the Secretary) based
on DRG prospective payment amounts which are additional
payments described in paragraph (5)(A) (relating to
outlier payments).
``(ii) Reduction of weighting factors.--The
Secretary shall, for discharges occurring after fiscal
year 2006, reduce each of the weighting factors
determined under paragraph (4)(B) by a factor equal to
the proportion of payments in the diagnosis-related
group under this subsection (as estimated by the
Secretary) based on DRG prospective payment amounts
which are additional payments described in paragraph
(5)(A) (relating to outlier payments).''.
(B) Annual adjustment to account for projected
changes in the distribution of outlier payments within
diagnosis-related groups.--Section 1886(d)(4)(C)(i) of
the Social Security Act (42 U.S.C. 1395ww(d)(4)(C)(i)),
as amended by subsection (a)(2), is amended by
inserting ``, including, for discharges occurring after
fiscal year 2006, projected changes in the distribution
of additional payments described in paragraph (5)(A)
within diagnosis-related groups'' before the period at
the end of the first sentence.
(C) Conforming amendments.--Section 1886(d)(3)(D)
of the Social Security Act (42 U.S.C. 1395ww(d)(3)(D))
is amended--
(i) in clauses (i)(I), (ii)(I), and
(iii)(I), by striking ``reduced under
subparagraph (B)'' and inserting ``reduced
under subparagraph (B)(i)''; and
(ii) in clause (iii)(II), by inserting ``,
and, in the case of a fiscal year beginning
after 2006, reduced under subparagraph
(B)(ii)'' before the period at the end.
(2) Puerto rico hospitals.--
(A) Computing puerto rico drg-specific rates.--
Section 1886(d)(9)(C)(ii) of the Social Security Act
(42 U.S.C. 1395ww(d)(9)(C)(ii)) is amended--
(i) by inserting ``, for discharges
occurring before fiscal year 2007,'' after
``The Secretary shall''; and
(ii) by striking ``fiscal year 2004 and
thereafter'' and inserting ``fiscal years 2004,
2005, and 2006''.
(B) Conforming amendments.--Section
1886(d)(9)(C)(iii)(II) of the Social Security Act (42
U.S.C. 1395ww(d)(9)(C)(iii)(II)) is amended by
inserting ``and reduced under paragraph (3)(B)(ii)''
after ``paragraph (4)(B)''.
(d) Ensuring That Diagnostic-Related Groups Appropriately Capture
the Difference in Severity of Illness of Patients.--Section
1886(d)(4)(A) of the Social Security Act (42 U.S.C. 1395ww(d)(4)(A)) is
amended by adding at the end the following new sentence: ``In
establishing the classification of inpatient discharges by diagnosis-
related groups under the preceding sentence, the Secretary shall ensure
that such groups appropriately capture the difference in severity of
illness of patients.''.
(e) Phase-In of Changes to the Inpatient Hospital Prospective
Payment System.--Section 1886(d) of the Social Security Act (42 U.S.C.
1395ww(d)) is amended by adding at the end the following new paragraph:
``(14) Notwithstanding the preceding provisions of this subsection,
the Secretary shall phase in the application of the amendments made by
subsections (a), (b), (c), and (d) of section 2 of the Hospital Fair
Competition Act of 2005 over a 3-fiscal year period beginning with
fiscal year 2007. In implementing the phase-in under the preceding
sentence, the Secretary shall take into account the negative impact
that the phase-in may have on certain hospitals.''.
SEC. 3. PROHIBITION ON CERTAIN PHYSICIAN SELF REFERRALS.
(a) Prohibition.--Section 1877(d) of the Social Security Act (42
U.S.C. 1395nn(d)) is amended in each of paragraphs (2)(B) and (3)(B) by
striking ``effective for the 18-month period beginning on the date of
enactment of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003'' and inserting ``on and after December 8,
2003''.
(b) Revisions to the Requirements to Qualify for the Exception to
the Definition of Specialty Hospital.--Section 1877(h)(7)(B) of the
Social Security Act (42 U.S.C. 1395nn(h)(7)(B)) is amended--
(1) by redesignating clauses (iii), (iv), and (v) as
clauses (vi), (vii), and (viii), respectively;
(2) by inserting after clause (ii) the following new
clauses:
``(iii) for which the percent of investment
in the hospital by physician investors at any
time on or after June 8, 2005, is no greater
than the percent of such investment by
physician investors as of such date;
``(iv) for which the percent of investment
in the hospital by any physician investor at
any time on or after June 8, 2005, is no
greater than the percent of such investment by
such physician as of such date;
``(v) for which the number of operating
rooms at the hospital at any time on or after
June 8, 2005, is no greater than the number of
such rooms as of such date;''; and
(3) by striking clause (vii), as so redesignated, and
inserting the following:
``(vii) for which--
``(I) during the period beginning
on December 8, 2003, and ending on June
7, 2005, any increase in the number of
beds occurs only in the facilities on
the main campus of the hospital and
does not exceed 50 percent of the
number of beds in the hospital as of
November 18, 2003, or 5 beds, whichever
is greater; and
``(II) the number of beds at the
hospital at any time on or after June
8, 2005, is no greater than the number
of such beds as of such date; and''.
(c) Effective Date.--The amendments made by this section shall take
effect on June 8, 2005.
SEC. 4. PERMISSIBLE COORDINATED CARE INCENTIVE ARRANGEMENTS BETWEEN
HOSPITALS AND PHYSICIANS.
(a) Establishment of Requirements for Arrangements and Exemption
From Imposition of Civil Monetary Penalties.--Section 1128A of the
Social Security Act (42 U.S.C. 1320a-7a) is amended by adding at the
end the following new subsection:
``(o) Arrangements Between Hospitals and Physicians.--
``(1) In general.--Subsection (b) shall not apply to an
arrangement that meets the requirements under paragraph (2).
``(2) Requirements.--
``(A) Establishment.--The Secretary shall establish
requirements for arrangements between hospitals or
critical access hospitals and physicians in which
physicians share in the savings experienced by the
hospital or critical access hospital by reason of cost-
reduction efforts that involve the physicians.
``(B) Protections.--In establishing the
requirements under subparagraph (A), the Secretary
shall ensure that--
``(i) the quality of care provided to
individuals is protected under the arrangement;
and
``(ii) financial incentives that could
affect physician referrals are minimized.
``(C) Monitor.--The Secretary shall establish
procedures to monitor arrangements described in
subparagraph (A) to ensure that such agreements meet
the requirements under such subparagraph.''.
(b) Exemption From Criminal Penalties.--Section 1128B(b)(3) of the
Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), as added by section 237(d) of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003 (Public Law 108-173; 117 Stat. 2213)--
(A) by moving such subparagraph 2 ems to the left;
and
(B) by striking the period at the end and inserting
a semicolon;
(3) by redesignating subparagraph (H), as added by section
431(a) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2287),
as subparagraph (I);
(4) in subparagraph (I), as so redesignated--
(A) by moving such subparagraph 2 ems to the left;
and
(B) by striking the period at the end and inserting
``; and''; and
(5) by adding at the end the following new subparagraph:
``(J) an arrangement that meets the requirements
established under section 1128A(o).''.
(c) Exemption From Limitation on Certain Physician Referrals.--
Section 1877(e) of the Social Security Act (42 U.S.C. 1395nn(e)) is
amended by adding at the end the following new paragraph:
``(9) Arrangements between hospitals and physicians.--An
arrangement that meets the requirements established under
section 1128A(o).''.
|
Hospital Fair Competition Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act with respect to hospital payments. Provides for the use of estimated costs rather than average charges in establishing weighting factors for diagnosis-related groups under the inpatient hospital prospective payment system.
Revises requirements for exceptions to the prohibition against certain physician self-referrals to specialty hospitals in which a physician has invested.
Exempts from the limitation on such referrals, and any liability for criminal penalties, specified arrangements between hospitals and physicians.
|
{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to make improvements in payments to hospitals under the medicare program, and for other purposes."}
| 2,932 | 119 | 0.497133 | 1.343127 | 0.530629 | 3.575758 | 23.494949 | 0.868687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parolee LEADS Public Safety Grant
Program Act of 2001''.
SEC. 2. AUTHORIZATION OF GRANTS.
(a) Authorization of Grants.--From amounts made available to carry
out this section, the Attorney General may make grants to eligible
States for use by the State to carry out an automated data system to
provide information regarding parolees to local law enforcement
agencies within the State.
(b) Eligibility.--For a State to be eligible to receive a grant
under this section, the chief executive officer of the State shall
submit to the Attorney General an application in such form and
containing such information as the Attorney General may require.
(c) Required Elements of System.--An automated data system referred
to in subsection (a) shall include the following elements:
(1) Information about parolees.--For each person
incarcerated by that State who is to be released from
incarceration by reason of probation or parole, the system
shall, to the extent available, include the following
information:
(A) Last, first, and middle name.
(B) Date of birth.
(C) Sex, race, height, weight, hair color, and eye
color.
(D) Date of release from custody.
(E) Whether the person is required to register as a
result of a State or Federal law and, if so, the status
of that registration.
(F) Social Security number, driver's license
number, and any identification number assigned to the
person by the State criminal justice system or the
Federal Bureau of Investigation.
(G) Place of incarceration.
(H) Whether the person has any distinctive scar,
mark, or tattoo and, if so, a description.
(I) The offense or offenses by reason of which the
person is incarcerated.
(J) Place of residence, including street name and
number (not a post office box), city or town, and zip
code, and the date on which that place of residence is
to become effective.
(K) A geographic coordinate for that place of
residence, in a format for use with a geographic
information system or comparable satellite location
system.
(L) Contact officer, including name and telephone
number, and an identification of that officer's unit.
(M) A digitized picture of the person.
(N) A digitized fingerprint of the person.
(2) Computer database.--The information shall be maintained
in a database that can be accessed and processed by a local law
enforcement agency using a remote desktop computer system.
(3) Access to information upon release.--Each local law
enforcement agency having jurisdiction over the place of
residence of a person referred to in paragraph (1) shall--
(A) upon the release from incarceration of that
person by reason of probation or parole, be provided
the information included in the system with respect to
that person; and
(B) thereafter, on a continuing basis, have access
to such information upon request of that agency.
(d) Restrictions on Use of Funds.--
(1) Matching.--The Federal share of a grant made under this
section may not exceed 50 percent of the total costs of the
system for the fiscal year for which the system receives that
grant.
(2) Nonsupplanting.--Funds made available pursuant to this
section shall not be used to supplant State funds, but shall be
used to increase the amount of funds that would, in the absence
of Federal funds, be made available from State sources for the
purposes of this Act.
(3) Administrative costs.--A State may not use more than
five percent of the funds it receives from this section for
administrative expenses.
(e) Reports to the Attorney General.--Each State which receives a
grant under this section shall submit to the Attorney General, for each
fiscal year in which funds from a grant received under this section are
expended, a report at such time and in such manner as the Attorney
General may reasonably require.
(f) Reports to Congress.--Not later than 90 days after the end of
each fiscal year for which grants are made under this section, the
Attorney General shall submit to the Congress a report that includes--
(1) the aggregate amount of grants made under this section
to each State for such fiscal year; and
(2) a summary of the information provided by States
receiving grants under this section.
(g) Expenditure Records.--
(1) In general.--Each State which receives a grant under
this section shall keep records as the Attorney General may
require to facilitate an effective audit of the receipt and use
of grant funds received under this section.
(2) Access.--Each State which receives a grant under this
section shall make available, for the purpose of audit and
examination, such records as are related to the receipt or use
of any such grant.
(h) Definition.--For purposes of this section, the term ``State''
means a State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
|
Parolee LEADS Public Safety Grant Program Act of 2001 - Authorizes the Attorney General to make grants to eligible States to carry out an automated data system to provide information regarding parolees to local law enforcement agencies within the State.Requires that: (1) such a system include specified information about parolees; (2) the information be maintained in a database that can be accessed and processed by a local law enforcement agency using a remote desktop computer system; and (3) each local law enforcement agency having jurisdiction be provided the information included in the system upon a parolee's release and thereafter have access to such information upon request.
|
{"src": "billsum_train", "title": "To make grants to States for providing information regarding parolees to local law enforcement agencies, and for other purposes."}
| 1,123 | 137 | 0.565817 | 1.55491 | 0.680361 | 5.05042 | 8.915966 | 0.966387 |
SECTION 1. REFORM OF BIODIESEL INCOME TAX INCENTIVES.
(a) In General.--Section 40A of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 40A. BIODIESEL PRODUCTION.
``(a) In General.--For purposes of section 38, the biodiesel fuels
credit determined under this section for the taxable year is $1.00 for
each gallon of biodiesel produced by the taxpayer and which during the
taxable year--
``(1) is sold by such producer to another person--
``(A) for use by such other person's trade or
business (other than casual off-farm production),
``(B) for use by such other person as a fuel in a
trade or business, or
``(C) who sells such biodiesel at retail to another
person and places such biodiesel in the fuel tank of
such other person, or
``(2) is used or sold by such producer for any purpose
described in paragraph (1).
``(b) Increased Credit for Small Producers.--
``(1) In general.--In the case of any eligible small
biodiesel producer, subsection (a) shall be applied by
increasing the dollar amount contained therein by 10 cents.
``(2) Limitation.--Paragraph (1) shall only apply with
respect to the first 15,000,000 gallons of biodiesel produced
by any eligible small biodiesel producer during any taxable
year.
``(c) Coordination With Credit Against Excise Tax.--The amount of
the credit determined under this section with respect to any biodiesel
shall be properly reduced to take into account any benefit provided
with respect to such biodiesel solely by reason of the application of
section 6426 or 6427(e).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Biodiesel.--The term `biodiesel' means liquid fuel
derived from biomass which meets--
``(A) the registration requirements for fuels and
fuel additives established by the Environmental
Protection Agency under section 211 of the Clean Air
Act (42 U.S.C. 7545), and
``(B) the requirements of the American Society of
Testing and Materials D6751.
Such term shall not include any liquid with respect to which a
credit may be determined under section 40.
``(2) Biodiesel not used as fuel.--If--
``(A) any credit was determined with respect to any
biodiesel under this section, and
``(B) any person does not use such fuel for the
purpose described in subsection (a),
then there is hereby imposed on such person a tax equal to the
product of the rate applicable under subsection (a) and the
number of gallons of such biodiesel.
``(3) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(4) Limitation to biodiesel produced in the united
states.--No credit shall be determined under this section with
respect to any biodiesel unless such biodiesel is produced in
the United States from raw feedstock. For purposes of this
paragraph, the term `United States' includes any possession of
the United States.
``(5) Limitation to biodiesel with connection to the united
states.--No credit shall be determined under this section with
respect to any biodiesel which is produced outside the United
States for use as a fuel outside the United States. For
purposes of this paragraph, the term `United States' includes
any possession of the United States.
``(6) Biodiesel transfers from an irs registered biodiesel
production facility to an irs registered terminal or
refinery.--Credit allowed under subsection (a) shall be allowed
to the terminal or refinery referred to in section
4081(a)(1)(B)(i) in instances where section 4081(a)(1)(B)(iii)
is applicable. Credit allowed under subsection (a) cannot be
claimed by a terminal or refinery on fuel upon which the credit
was previously claimed by a biodiesel producer.
``(e) Definitions and Special Rules for Small Biodiesel
Producers.--
``(1) Eligible small biodiesel producer.--The term
`eligible small biodiesel producer' means a person who, at all
times during the taxable year, has a productive capacity for
biodiesel not in excess of 60,000,000 gallons.
``(2) Aggregation rule.--For purposes of the 15,000,000
gallon limitation under subsection (b)(2) and the 60,000,000
gallon limitation under paragraph (1), all members of the same
controlled group of corporations (within the meaning of section
267(f)) and all persons under common control (within the
meaning of section 52(b) but determined by treating an interest
of more than 50 percent as a controlling interest) shall be
treated as 1 person.
``(3) Partnership, s corporation, and other pass-thru
entities.--In the case of a partnership, trust, S corporation,
or other pass-thru entity, the limitations contained in
subsection (b)(2) and paragraph (1) shall be applied at the
entity level and at the partner or similar level.
``(4) Allocation.--For purposes of this subsection, in the
case of a facility in which more than 1 person has an interest,
productive capacity shall be allocated among such persons in
such manner as the Secretary may prescribe.
``(5) Regulations.--The Secretary may prescribe such
regulations as may be necessary--
``(A) to prevent the credit provided for in
subsection (b) from directly or indirectly benefitting
any person with a direct or indirect productive
capacity of more than 60,000,000 gallons of biodiesel
during the taxable year, or
``(B) to prevent any person from directly or
indirectly benefitting with respect to more than
15,000,000 gallons during the taxable year.
``(6) Allocation of small biodiesel credit to patrons of
cooperative.--
``(A) Election to allocate.--
``(i) In general.--In the case of a
cooperative organization described in section
1381(a), any portion of the increase determined
under subsection (b) for the taxable year may,
at the election of the organization, be
apportioned pro rata among patrons of the
organization on the basis of the quantity or
value of business done with or for such patrons
for the taxable year.
``(ii) Form and effect of election.--An
election under clause (i) for any taxable year
shall be made on a timely filed return for such
year. Such election, once made, shall be
irrevocable for such taxable year. Such
election shall not take effect unless the
organization designates the apportionment as
such in a written notice mailed to its patrons
during the payment period described in section
1382(d).
``(B) Treatment of organizations and patrons.--
``(i) Organizations.--The amount of the
credit not apportioned to patrons pursuant to
subparagraph (A) shall be included in the
amount determined under subsection (b) for the
taxable year of the organization.
``(ii) Patrons.--The amount of the credit
apportioned to patrons pursuant to subparagraph
(A) shall be included in the amount determined
under such subsection for the first taxable
year of each patron ending on or after the last
day of the payment period (as defined in
section 1382(d)) for the taxable year of the
organization or, if earlier, for the taxable
year of each patron ending on or after the date
on which the patron receives notice from the
cooperative of the apportionment.
``(iii) Special rules for decrease in
credits for taxable year.--If the amount of the
credit of the organization determined under
such subsection for a taxable year is less than
the amount of such credit shown on the return
of the organization for such year, an amount
equal to the excess of--
``(I) such reduction, over
``(II) the amount not apportioned
to such patrons under subparagraph (A)
for the taxable year, shall be treated
as an increase in tax imposed by this
chapter on the organization.
Such increase shall not be treated as tax
imposed by this chapter for purposes of
determining the amount of any credit under this
chapter or for purposes of section 55.
``(f) Renewable Diesel.--For purposes of this title--
``(1) Treatment in the same manner as biodiesel.--Except as
provided in paragraph (2), renewable diesel shall be treated in
the same manner as biodiesel.
``(2) Exception.--Subsection (b) shall not apply with
respect to renewable diesel.
``(3) Renewable diesel defined.--The term `renewable
diesel' means liquid fuel derived from biomass which meets--
``(A) the registration requirements for fuels and
fuel additives established by the Environmental
Protection Agency under section 211 of the Clean Air
Act (42 U.S.C. 7545), and
``(B) the requirements of the American Society of
Testing and Materials D975 or D396, or other equivalent
standard approved by the Secretary.
Such term shall not include any liquid with respect to which a
credit may be determined under section 40. Such term does not
include any fuel derived from coprocessing biomass with a
feedstock which is not biomass. For purposes of this paragraph,
the term `biomass' has the meaning given such term by section
45K(c)(3).
``(4) Certain aviation fuel.--Except as provided in the
last 3 sentences of paragraph (3), the term `renewable diesel'
shall include fuel derived from biomass which meets the
requirements of a Department of Defense specification for
military jet fuel or an American Society of Testing and
Materials specification for aviation turbine fuel.
``(g) Termination.--This section shall not apply to any sale or use
after December 31, 2014.''.
(b) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 40A and inserting the following
new item:
``Sec. 40A. Biodiesel production.''.
(c) Effective Date.--The amendments made by this section shall
apply to biodiesel sold or used after December 31, 2009.
SEC. 2. REFORM OF BIODIESEL EXCISE TAX INCENTIVES.
(a) In General.--Subsection (c) of section 6426 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(c) Biodiesel Credit.--
``(1) In general.--For purposes of this section, the
biodiesel credit is $1.00 for each gallon of biodiesel produced
by the taxpayer and which--
``(A) is sold by such producer to another person--
``(i) for use by such other person's trade
or business (other than casual off-farm
production),
``(ii) for use by such other person as a
fuel in a trade or business, or
``(iii) who sells such biodiesel at retail
to another person and places such biodiesel in
the fuel tank of such other person, or
``(B) is used or sold by such producer for any
purpose described in subparagraph (A).
``(2) Definitions.--Any term used in this subsection which
is also used in section 40A shall have the meaning given such
term by section 40A.
``(3) Biodiesel transfers from an irs registered biodiesel
production facility to an irs registered terminal.--Credit
allowed under this subsection can be claimed by a registered
terminal or refinery in instances where section 4081(a)(1)(B)
is applicable. Credit allowed under this subsection cannot be
claimed by a terminal or refinery on fuel upon which the credit
was previously claimed by a biodiesel producer.
``(4) Termination.--This subsection shall not apply to any
sale, use, or removal for any period after December 31,
2014.''.
(b) Payment of Credit.--Subsection (e) of section 6427 of such Code
is amended--
(1) by striking ``or the biodiesel mixture credit'' in
paragraph (1),
(2) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively, and by inserting
after paragraph (2) the following new paragraph:
``(3) Biodiesel credit.--If any person produces biodiesel
and sells or uses such biodiesel as provided in section
6426(c), the Secretary shall pay (without interest) to such
person an amount equal to the biodiesel credit with respect to
such biodiesel.'',
(3) by striking ``paragraph (1) or (2)'' each place it
appears in paragraphs (4) and (6), as redesignated by paragraph
(2), and inserting ``paragraph (1), (2), or (3)'',
(4) by striking ``alternative fuel'' each place it appears
in paragraphs (4) and (6), as redesignated by paragraph (2),
and inserting ``fuel'', and
(5) by striking ``biodiesel mixture (as defined in section
6426(c)(3))'' in paragraph (7)(B), as so redesignated, and
inserting ``biodiesel (within the meaning of section 40A)''.
(c) Exemption for Transfers Between Registered Facilities.--
Subparagraph (B) of section 4081(a)(1) of such Code is amended by
adding at the end the following new clause:
``(iii) The tax imposed by this paragraph
shall not apply to biodiesel that is removed
from a registered IRS biodiesel plant and is
transferred to a IRS registered terminal or
refinery.''.
(d) Producer Registration Requirement.--Subsection (a) of section
6426 of such Code is amended by striking ``subsections (d) and (e)'' in
the flush sentence at the end and inserting ``subsections (c), (d), and
(e)''.
(e) Recapture.--Subsection (f) of section 6426 of such Code is
amended to read as follows:
``(f) Recapture.--
``(1) Alcohol fuel mixtures.--If--
``(A) any credit was determined under this section
with respect to alcohol used in the production of any
alcohol fuel mixture, and
``(B) any person--
``(i) separates the alcohol from the
mixture, or
``(ii) without separation, uses the mixture
other than as a fuel,
then there is hereby imposed on such person a tax equal to the
product of the applicable amount and the number of gallons of
such alcohol.
``(2) Biodiesel.--If any credit was determined under this
section with respect to the production of any biodiesel and any
person does not use such biodiesel for a purpose described in
subsection (c)(1), then there is hereby imposed on such person
a tax equal to $1 for each gallon of such biodiesel.
``(3) Applicable laws.--All provisions of law, including
penalties, shall, insofar as applicable and not inconsistent
with this section, apply in respect of any tax imposed under
paragraph (1) or (2) as if such tax were imposed by section
4081 and not by this section.''.
(f) Clerical Amendment.--The heading of section 6426 of such Code
(and the item relating to such section in the table of sections for
subchapter B of chapter 65 of such Code) is amended by striking
``alcohol fuel, biodiesel, and alternative fuel mixtures'' and
inserting ``alcohol fuel mixtures, biodiesel production, and
alternative fuel mixtures''.
(g) Effective Date.--The amendments made by this section shall
apply to biodiesel sold or used after December 31, 2009.
SEC. 3. BIODIESEL TREATED AS TAXABLE FUEL.
(a) Biodiesel Treated as Taxable Fuel.--Clause (i) of section
4083(a)(3)(A) of such Code is amended by inserting ``, including
biodiesel (as defined in section 6426(c)(3)),'' after ``(other than
gasoline)''.
(b) Effective Date.--The amendment made by this section shall apply
to biodiesel removed, entered, or sold after the date which is 6 months
after the date of the enactment of this Act.
|
Amends the Internal Revenue Code to revise the income and excise tax credits for biodiesel used as fuel to: (1) allow a $1.00 tax credit for each gallon of biodiesel produced; (2) provide for an increased income tax credit for small biodiesel producers; (3) revise the definitions of "biodiesel" and "small biodiesel producer"; (4) treat renewable diesel in the same manner as biodiesel for income tax purposes; and (5) treat biodiesel as a taxable fuel for excise tax purposes. Extends the biodiesel income and excise tax credits through December 31, 2014.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the incentives for the production of biodiesel."}
| 3,807 | 149 | 0.580588 | 1.375844 | 0.710004 | 2.096491 | 29.061404 | 0.850877 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Disability Insurance
Payments for Terminally Ill Individuals Act of 2013''.
SEC. 2. PHASED-IN PAYMENT OF SSDI BENEFITS DURING THE WAITING PERIOD
FOR THE TERMINALLY ILL.
(a) In General.--Section 223 of the Social Security Act (42 U.S.C.
423) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter following
subparagraph (E), by striking ``or (ii)'' and inserting
``(ii) subject to paragraph (2)(B), for each month
beginning with the first month during all of which the
individual is determined under subparagraph (D) of
subsection (d)(2) to be under a disability and in which
he becomes so entitled to such insurance benefits, or
(iii)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) in subparagraph (C), as so
redesignated, by striking ``(ii)'' and
inserting ``(iii)''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
``(B) in any case in which clause (ii) of paragraph (1) of
this subsection is applicable, the first month for which the
individual becomes entitled to such disability insurance
benefits, subject to the phase-in percentage period described
in paragraph (3)(A), or''; and
(C) by adding at the end the following new
paragraph:
``(3)(A) For purposes of paragraph (2)(B), in any case in which
clause (ii) of paragraph (1) of this subsection is applicable, an
individual's disability insurance benefit for the earliest period of 2
consecutive calendar months throughout which the individual has been
entitled to such insurance benefits shall be equal to the product of
the benefit amount determined under paragraph (2)(B) (as determined
before application of this paragraph) and--
``(i) for the first calendar month, 50 percent; and
``(ii) for the second calendar month, 75 percent.
``(B) If an individual who has been determined under subparagraph
(D) of subsection (d)(2) to be under a disability has been entitled to
a disability insurance benefit on such basis for 12 consecutive
calendar months, the individual's disability insurance benefit for any
month during the subsequent period of 12 consecutive calendar months
shall be equal to--
``(i) the benefit amount determined under paragraph (2)(B)
(as determined before application of subparagraph (A)); minus
``(ii) the quotient obtained by dividing the total amount
of disability insurance benefits provided to the individual
during the earliest period of five consecutive calendar months
for which the individual was entitled to such benefits on such
basis by 12.
``(C) If an individual who has been determined under subparagraph
(D) of subsection (d)(2) to be under a disability has been entitled to
a disability insurance benefit on such basis for 24 consecutive
calendar months, the individual's disability insurance benefit for any
subsequent month shall be equal to 95 percent of the benefit amount
determined under paragraph (2)(B) (as determined before application of
subparagraphs (A) and (B)).''; and
(2) in subsection (d)(2), by adding at the end the
following:
``(D) For purposes of clause (ii) of paragraph (1) of
subsection (a), an individual shall be determined to be under a
disability upon submission of a diagnosis of a terminal illness
(as defined in section 1861(dd)(3)(A)) that has been certified
by not less than 2 physicians (as defined in section
1861(r)(1)) who are not related (as defined in section
267(c)(4) of the Internal Revenue Code) and are not in the same
physician group practice.''.
(b) Report to Congress.--Not later than 12 months after the date of
the enactment of this Act, and each year thereafter, the Commissioner
of the Social Security Administration, in coordination with the
Inspector General of the Social Security Administration, shall submit
to the relevant committees of Congress a report that evaluates the
provision of disability insurance benefits to terminally ill
individuals, including--
(1) the total number of individuals who--
(A) filed applications for disability insurance
benefits (as determined under section 223(a)(3) of the
Social Security Act) based on a diagnosis of a terminal
illness;
(B) receive such benefits;
(C) die within 6 months of first receiving such
benefits;
(D) die within 12 months of first receiving such
benefits;
(E) receive such benefits during the period
described in section 223(a)(3)(B) of the Social
Security Act; and
(F) receive such benefits during the period
described in section 223(a)(3)(C) of the Social
Security Act;
(2) the total amount expended, including related
administrative expenses, for the provision of disability
insurance benefits under section 223(a)(3) of the Social
Security Act to individuals diagnosed with a terminal illness;
and
(3) recommendations for such legislation and administrative
actions as are determined appropriate for preventing fraud,
waste, and abuse related to such benefits.
(c) Effective Date.--The amendments made by this section shall
apply to benefits payable for months beginning after December 31, 2013.
|
Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to prescribe formulae for payment of Social Security Disability Insurance (SSDI) benefits over a period of 24 consecutive calendar months for individuals determined to be under a disability upon submission of a diagnosis of a terminal illness.
|
{"src": "billsum_train", "title": "Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013"}
| 1,231 | 96 | 0.552609 | 1.293156 | 0.372315 | 3.75 | 16.013889 | 0.888889 |
SECTION 1. INTERNATIONAL CLEAN TECHNOLOGY FUND.
(a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286-
286oo) is amended by adding at the end the following:
``SEC. 64. CLEAN TECHNOLOGY FUND.
``(a) Contribution Authority.--
``(1) In general.--The Secretary of the Treasury may
contribute on behalf of the United States $400,000,000 to a
fund, as described in subsection (b) (in this section referred
to as the `Clean Technology Fund').
``(2) Limitations on authorization of appropriations.--For
the contribution authorized by paragraph (1), there is
authorized to be appropriated not more than $400,000,000 for
fiscal year 2009.
``(b) Requirements.--The requirements of this subsection are as
follows:
``(1) Administration.--The Clean Technology Fund is
established and administered by the Bank.
``(2) Purpose.--The purpose of the Clean Technology Fund is
to promote accelerated deployment in developing countries of
technologies that will substantially reduce greenhouse gas
emissions, by providing funds, primarily through multilateral
development banks to promising projects in developing
countries.
``(3) Coordination with the united nations framework
convention on climate change.--
``(A) In general.--The Clean Technology Fund is
required to operate in a manner that is fully
consistent and supportive of the United Nations
Framework Convention on Climate Change (in this
paragraph referred to as the `UNFCCC').
``(B) Termination of operations.--The Bank is
required to take necessary steps to conclude the
operations of the Clean Technology Fund (including by
not entering into new agreements for contributions to
the Clean Technology Fund) on the commencement of
operations of an international clean technology fund
provided for by the UNFCCC, unless the outcome of the
UNFCCC negotiations indicates otherwise.
``(4) Authority to hold undisbursed funds in interest-
bearing accounts.--Pending disbursement from the Clean
Technology Fund of amounts provided under this section, the
Bank has the authority to hold the amounts in interest-bearing
accounts of the Clean Technology Fund.
``(5) Limits on country access.--
``(A) Distribution of fund resources.--The Clean
Technology Fund is prohibited from providing more than
approximately 15 percent of Fund resources to any 1
country.
``(B) Country eligibility.--In order for a country
to be eligible for support from the Clean Technology
Fund, the country must--
``(i) submit to the governing body of the
Clean Technology Fund an investment plan that
will achieve substantial reductions in
national-level greenhouse gas emissions; and
``(ii) in the case of a country classified
by the Bank as `lower middle income' or above,
based on gross national income per capita,
contribute, from public funds, an amount equal
to 25 percent of the cost of any project for
which the country seeks assistance from the
Clean Technology Fund--
``(I) to the project; or
``(II) to the Clean Technology
Fund.
``(6) Project and program requirements.--
``(A) In general.--Support from the Clean
Technology Fund is required to be used to cover the
incremental costs of deploying clean energy
technologies that result in substantial and additional
reductions from baseline greenhouse gas emissions to
the atmosphere.
``(B) Selection criteria.--Support from the Clean
Technology Fund is required to be allocated with the
principal objectives of--
``(i) deploying `zero carbon' clean energy
technologies, such as electricity generation
from renewable sources;
``(ii) maximizing additional reductions of
greenhouse emissions per dollar of support
provided;
``(iii) catalyzing a shift within the host
country towards widespread commercial
deployment of clean energy technologies; and
``(iv) prioritizing clean technology
investments to proven privately-owned
enterprises, preferably small and medium-sized
enterprises.
``(C) Limitations on coal-related projects.--The
Clean Technology Fund is prohibited from providing
support for any new coal-fired electricity generation
facility unless--
``(i) the facility utilizes--
``(I) integrated gasification
combined cycle or ultrasupercritical
technology; or
``(II) another new technology (but
not subcritical or supercritical
technology) with an efficiency rating
equal to or greater than the efficiency
rating of the technologies referred to
in subclause (I);
``(ii) the facility would not use the
technology so utilized in the absence of
support from the Clean Technology Fund; and
``(iii) the facility is specifically
designed to accommodate retrofitting with
carbon capture and storage technology when the
technology becomes ready for commercial
deployment.
``(D) Definitions.--For purposes of this paragraph:
``(i) Additional.--The term `additional'
means the extent to which reductions in
greenhouse gas emissions are incremental to
business-as-usual, measured as the difference
between--
``(I) the baseline; and
``(II) net lifecycle greenhouse gas
emissions resulting from a project or
program, including, where practicable,
effects beyond the physical boundaries
of the project but associated with the
project activity.
``(ii) Baseline.--The term `baseline' means
the greenhouse gas emissions that would have
occurred in the absence of a project or
program.
``(iii) Clean energy technology.--The term
`clean energy technology' means an energy
supply technology or an end-use energy
efficiency technology that, as compared with
technologies being deployed at that time for
widespread commercial use in the country
involved--
``(I) achieves substantial
reductions in lifecycle emissions of
greenhouse gases, calculated on an
appropriate per unit basis; and
``(II) does not result in
significant incremental adverse effects
on public health or the environment.
``(iv) Greenhouse gas.--The term
`greenhouse gas' means any of--
``(I) carbon dioxide;
``(II) methane;
``(III) nitrous oxide;
``(IV) sulfur hexafluoride;
``(V) a hydrofluorocarbon; or
``(VI) a perfluorocarbon.
``(7) Transparency.--The Bank and the governing body of the
Clean Technology Fund shall provide for maximum transparency in
all aspects of the governance of the Clean Technology Fund,
including--
``(A) providing for broad-based input of
stakeholders in the strategic directions, results, and
impacts of the Clean Technology Fund, including through
meetings of interested governments, multilateral
development banks, United Nations agencies, the Global
Environment Facility, other multilateral and bilateral
climate programs, nongovernmental organizations,
private sector entities and scientific and technical
experts;
``(B) in the case of the governing body, engaging
in an active dialogue with representatives of
institutions with a mandate to promote investments in
clean technology to address climate change, including
by extending invitations of the institutions to attend
meetings of the governing body as observers; and
``(C) in the case of the Bank, maintaining a
clearly identified web site that includes all public
information or links to information regarding the
policies of the Clean Technology Fund, projects and
programs supported by the Clean Technology Fund,
minutes of the Trust Fund Committee meetings, annual
reports of the Clean Technology Fund and other result
measurement documents.
``(c) United States Votes on Fund Proposals and United States
Policy on Environmental Assessments.--The Secretary of the Treasury
shall--
``(1) direct the United States representative in the entity
that oversees the operations and activities of the Clean
Technology Fund to use the voice and vote of the United States
to oppose any proposal (including any loan, credit, grant, or
guarantee) which would result in the Clean Technology Fund
failing to meet the requirements of subsection (b)(3), (b)(5),
(b)(6), or (b)(7) of this section; and
``(2) encourage all the multilateral development banks to
apply environmental assessment procedures similar to those
described in section 1307 of the International Financial
Institutions Act (22 U.S.C. 262m-7) in their consideration and
implementation of Clean Technology Fund proposals.
``(d) Coordination With the International Clean Energy
Foundation.--The Secretary of the Treasury shall seek to ensure that
the duties and activities of the Clean Technology Fund are
complementary to the duties and activities of the International Clean
Energy Foundation as established by section 922 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17352).''.
(b) Report to the Congress.--Within 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of the
Treasury shall submit to the Congress a report on the operations of any
fund to which amounts made available under section 64 of the Bretton
Woods Agreements Act are provided, including a description of--
(1) any projects for which amounts have been disbursed from
the fund;
(2) the effects expected by the Secretary of each such
project (or, in the case of a project which has been
implemented, the effects of the project) on the overall
greenhouse gas emissions from the country in which the project
is being carried out;
(3) the criteria and methodology used to determine the
eligibility of proposed projects for funding from the fund;
(4) the progress made in commencing operations of the fund,
including any remaining obstacles to the operations; and
(5) any project for which amounts have been disbursed from
the fund which support coal or coal-related technologies, and a
justification for support for the project from the fund,
including a description of--
(A) the transformational nature of the project;
(B) how the project is consistent with the national
low carbon strategy of the country involved;
(C) the degree to which the project reduced
greenhouse gas emissions; and
(D) the degree to which the technology was a
higher-cost technology relative to other available
technologies.
(c) Sense of the Congress.--It is the sense of the Congress that
small and medium-sized enterprises--
(1) are an important source of technological innovation and
economic development globally;
(2) can and should play an important role in the
dissemination and implementation of innovative clean
technologies in developing countries; and
(3) should be supported through any fund referred to in
subsection (b).
SEC. 2. EXPANSION OF CLIMATE CHANGE MITIGATION ACTIVITIES OF, AND USE
OF GREENHOUSE GAS ACCOUNTING BY, THE MULTILATERAL
DEVELOPMENT BANKS.
Title XIII of the International Financial Institutions Act (22
U.S.C. 26m--262m-7) is amended by adding at the end the following:
``SEC. 1308. EXPANSION OF CLIMATE CHANGE MITIGATION ACTIVITIES OF, AND
USE OF GREENHOUSE GAS ACCOUNTING BY, THE MULTILATERAL
DEVELOPMENT BANKS.
``(a) Use of Greenhouse Gas Accounting.--The Secretary of the
Treasury shall seek to ensure that each multilateral development bank
(as defined in section 1701(c)(4)) adopts and implements greenhouse gas
(GHG) accounting in analyzing the benefits and costs of individual
projects (excluding those with de minimus greenhouse gas emissions) for
which funding is sought from the bank.
``(b) Sense of the Congress.--It is the sense of the Congress that
adopting and implementing GHG accounting includes--
``(1) calculating net GHG flows;
``(2) establishing uniform calculation techniques, with
provision for modification as professional standards evolve;
``(3) making public the calculation techniques and the
calculations;
``(4) measuring GHG emissions of individual projects, and
considering global social costs of the emissions when
evaluating the economic costs and benefits of the projects; and
``(5) performing GHG accounting for each project.
``(c) Expansion of Climate Change Mitigation Activities.--The
Secretary of the Treasury shall work to ensure that the multilateral
development banks (as defined in section 1701(c)(4) of the
International Financial Institutions Act) expand their activities
supporting climate change mitigation by--
``(1) expending support for energy efficiency and renewable
energy investments;
``(2) reviewing all proposed infrastructure investments to
ensure all opportunities for integrating viable energy
efficiency measures have been considered; and
``(3) increasing their dialogue with developing country
governments on analysis and policy measures needed for low-
carbon-emission economic development, including on reforms
needed to promote private sector engagement in renewable and
energy efficiency investments, and integrate low-carbon-
emission economic development objectives into multilateral
development bank country strategies.
``(d) Report to Congress.--Within 1 year after the date of the
enactment of this section, and annually thereafter, the Secretary of
the Treasury shall submit to the Committee on Financial Services of the
House of Representatives and the Committee on Foreign Relations of the
Senate a report on the status of efforts to implement this section.''.
|
Amends the Bretton Woods Agreements Act to authorize the Secretary of the Treasury to contribute to a Clean Technology Fund to promote accelerated deployment in developing countries of technologies designed to reduce greenhouse gas emissions.
Requires that such Fund be established and administered by the International Bank for Reconstruction and Development (IBRD).
Prohibits the Fund from providing more than approximately 15% of Fund resources to any one country. Sets forth requirements for a country to be eligible for support from the Fund, which shall be used to cover the incremental costs of deploying clean energy technologies that result in substantial and additional reductions from baseline greenhouse gas emissions.
Prohibits the Fund from providing support for any new coal-fired electricity generation facility unless certain requirements are met.
Requires transparency in all aspects of the governance of the Fund.
Directs the Secretary to: (1) direct the U.S. representative to oppose any proposal that would result in the Fund failing to meet the requirements of this Act; (2) encourage all the multilateral development banks to apply environmental assessment procedures in their consideration of Fund proposals; and (3) ensure that the Fund complements the International Clean Energy Foundation.
Amends the the International Financial Institutions Act to direct the Secretary to seek to ensure that multilateral development banks: (1) adopt and implement greenhouse gas accounting in analyzing the benefits and costs of all projects for which bank funding is sought; and (2) expand their activities supporting climate change mitigation.
|
{"src": "billsum_train", "title": "To authorize United States participation in, and appropriations for the United States contribution to, an international clean technology fund, and for other purposes."}
| 2,854 | 302 | 0.60798 | 1.959792 | 0.83371 | 3.799283 | 9.562724 | 0.9319 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Freedom Protection Act of
2012''.
SEC. 2. FINDINGS.
Congress finds that--
(1) religious freedom and liberty of conscience are
inalienable rights enshrined in the Declaration of Independence
and the First Amendment to the United States Constitution;
(2) on August 1, 2011, the Department of Health and Human
Services issued a mandate requiring individual and group health
plans to cover sterilization and all Food and Drug
Administration approved contraceptives, including drugs that
could be used to induce abortions;
(3) the mandate's exemption for ``religious employers'' is
unprecedented in Federal law and excludes thousands of
religious organizations, including religiously affiliated
charities, health care providers, and schools; and
(4) despite receiving thousands of comments protesting the
extremely narrow exemption, the Department of Health and Human
Services nonetheless announced on January 20, 2012, that it
would not broaden the exemption but would instead give
religious institutions an additional year to ``adapt'' their
consciences to the mandate.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
(a) In General.--Section 2713 of the Public Health Service Act (42
U.S.C. 300gg-13) is amended by adding at the end the following:
``(d) Conscience Protections.--
``(1) In general.--No guideline, regulation, or other
requirement issued by any Federal, State, or local government
pursuant to subsection (a)(4), or any other provision of the
Patient Protection and Affordable Care Act (Public Law 111-148)
or the Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), or the amendments made by those Acts,
shall--
``(A) require any individual or entity to offer,
provide, or purchase health insurance coverage for a
contraceptive or sterilization service, or related
education or counseling, to which that individual or
entity is opposed on the basis of religious belief or
moral conviction;
``(B) require any individual or entity that is
opposed on the basis of religious belief or moral
conviction to providing health insurance coverage of a
contraceptive or sterilization service to engage in
government-mandated speech regarding such a service; or
``(C) prohibit any group health plan or health
insurance issuer from offering or providing individual
or group health insurance coverage that excludes
coverage for a contraceptive or sterilization service,
or related education or counseling, which the
individual or entity purchasing the plan or coverage
opposes on the basis of religious belief or moral
conviction.
``(2) Rule of construction.--Nothing in the Patient
Protection and Affordable Care Act (Public Law 111-148) or the
Health Care and Education Reconciliation Act of 2010 (Public
Law 111-152), or the amendments made by those Acts, and no
regulations, guidelines, or other requirement issued under such
Acts (or amendments) shall be construed to authorize the
imposition of a fine, penalty, or other sanction, or to
otherwise disadvantage any individual or entity on the basis of
a religiously based or morally based decision not to offer,
provide, or purchase health insurance coverage for a
contraceptive or sterilization service, or to engage in
government mandated speech regarding such services.
``(3) Private right of action.--The protections of
conscience contained in this subsection constitute the
protection of individual rights and create a private cause of
action for those individuals or entities protected. Any such
individual or entity may assert a violation of this subsection
as a claim or defense in a judicial proceeding.
``(4) Remedies.--
``(A) Federal jurisdiction.--The Federal courts
shall have jurisdiction to prevent and redress actual
or threatened violations of this subsection by granting
all forms of legal or equitable relief, including, but
not limited to, injunctive relief, declaratory relief,
damages, costs, and attorney fees.
``(B) Initiating party.--An action under this
subsection may be instituted by the Attorney General of
the United States, or by any person or entity having
standing to complain of a threatened or actual
violation of this subsection, including, but not
limited to, any actual or prospective plan sponsor,
issuer, or other entity offering a plan, any actual or
prospective purchaser or beneficiary of a plan, and any
individual or institutional health care provider.
``(C) Interim relief.--Pending final determination
of any action under this subsection, the court may at
any time enter such restraining order or prohibitions,
or take such other actions, as it deems necessary.
``(5) Administration.--The Office for Civil Rights of the
Department of Health and Human Services is designated to
receive complaints of discrimination based on this subsection
and coordinate the investigation of such complaints.
``(6) Definition.--For purposes of this subsection, the
term `entity' includes a group health plan, a health insurance
issuer offering group or individual health insurance coverage,
and an employer or other sponsor of such plan or coverage.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of Public Law 111-148.
|
Religious Freedom Protection Act of 2012 - Amends the Public Health Service Act to prohibit any guideline, regulation, or other requirement issued by any federal, state, or local government relating to preventive health services coverage under the Patient Protection and Affordable Care Act (PPACA) or the Health Care and Education Reconciliation Act of 2010 (HCERA) from: (1) requiring any individual or entity to offer, provide, or purchase health insurance coverage for a contraceptive or sterilization service, or related education or counseling, to which that individual or entity is opposed on the basis of religious belief or moral conviction; (2) requiring any individual or entity opposed on such basis to providing health insurance coverage of a contraceptive or sterilization service to engage in government-mandated speech regarding such a service; or (3) prohibiting any group health plan from offering or providing individual or group health insurance coverage that excludes coverage for a contraception or sterilization service, or related education or counseling, which the individual or entity purchasing the plan or coverage opposes on such basis.
Declares that nothing in PPACA or HCERA or any requirement issued under such Acts shall be construed to disadvantage any individual or entity on the basis of a religiously or morally based decision made by that individual or entity to not offer, provide, or purchase health insurance coverage for a contraceptive or sterilization service or to engage in a government-mandated speech regarding such service.
Creates a private cause of action for those individuals or entities protected under this Act. Permits any such individual or entity to assert a violation as a claim or defense in a judicial proceeding. Grants the federal courts jurisdiction to prevent and redress actual or threatened violations. Permits: (1) an action under this Act to be instituted by the Attorney General or by any person or entity having standing to complain of a threatened or actual violation, and (2) the court to enter a restraining order or prohibition or take other necessary action pending final determination of any action under this Act.
Designates the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and coordinate the investigation of complaints of discrimination based on this Act.
|
{"src": "billsum_train", "title": "A bill to amend title XXVII of the Public Health Service Act to provide conscience protections for individuals and organizations."}
| 1,146 | 475 | 0.715741 | 2.426512 | 0.987129 | 5.228916 | 2.578313 | 0.954217 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Trust Fund
Accounting and Management Reform Act of 1993''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Secretary'' means the Secretary of the
Interior; and
(2) the term ``Bureau'' means the Bureau of Indian Affairs
of the Department of the Interior.
TITLE I--TRUST FUND INTEREST PAYMENTS
SEC. 101. PAYMENT OF INTEREST ON FUNDS INVESTED.
(a) Payment of Interest.--(1) The fourth proviso of subsection (a)
of the first section of the Act of June 24, 1938 (25 U.S.C. 162a), is
amended by striking ``may invest'' and inserting ``shall invest''.
(2) The first section of the Act of June 24, 1938 (25 U.S.C. 162a),
is amended by adding at the end the following new subsection:
``(d) Amounts deposited or invested under subsection (a) shall earn
interest at the appropriate rates, taking into consideration the type
of deposit or investment. The Secretary shall periodically pay such
interest to the appropriate Indian tribe or individual Indian or, at
the election of the Indian tribe or individual Indian, add such
interest to the principal so deposited or invested.''.
(b) Technical Correction.--The second subsection (b) of the first
section of the Act of June 24, 1938 (25 U.S.C. 162a), as added by
section 302 of Public Law 101-644 (104 Stat. 4667), is hereby
redesignated as subsection (c).
(c) Repeal of Limitation on United States Liability.--Paragraph (2)
of subsection (c) of the first section of the Act of June 24, 1938, as
amended by subsection (b), is amended to read as follows:
``(2) Amounts deposited or invested under this subsection shall
generate earnings at the appropriate rates, taking into consideration
the type of investment concerned. The Secretary shall periodically pay
such earnings to the appropriate Indian tribe or individual Indian or,
at the election of the Indian tribe or individual Indian, add such
earnings to the principal of such funds so invested.''.
(d) Effective Date.--The amendments made by this section shall
apply to interest earned on amounts deposited or invested on or after
the date of the enactment of this Act.
SEC. 102. AUTHORITY FOR PAYMENT OF CLAIMS FOR INTEREST OWED.
The Secretary is authorized to make payments to an Indian tribe or
an individual Indian--
(1) in full satisfaction of any claim of such Indian tribe
or individual Indian for interest on amounts deposited or
invested on behalf of such Indian tribe or individual Indian
before the date of enactment of this Act under the Act of June
24, 1938 (25 U.S.C. 162a), and who was not paid the appropriate
amount of interest on such funds; and
(2) in an amount equal to the interest which would have
been earned if funds of such Indian tribe or individual Indians
which were subject to the Act of June 24, 1938 (25 U.S.C.
162a), had been deposited or invested in accordance with such
Act.
TITLE II--INDIAN TRUST FUND MANAGEMENT DEMONSTRATION PROGRAM
SEC. 201. PURPOSE.
The purpose of this title is to demonstrate new approaches for the
management of tribal and individual Indian funds held in trust by the
United States and managed by the Secretary through the Bureau, that,
consistent with the trust responsibility of the United States and the
principles of self-determination, will--
(1) give Indian tribal governments and individual Indian
account holders greater control over the management of such
trust funds;
(2) pursuant to tribal instructions, involve investment of
such trust funds by the Secretary in a manner that will also
help to promote economic development in Indian communities; or
(3) otherwise demonstrate how the principles of self-
determination can work with respect to the management of such
trust funds, in a manner consistent with the trust
responsibility of the United States.
SEC. 202. DEFINITION.
For the purposes of this title, except for the purposes of section
208, the terms ``Indian tribe'' and ``tribe'' mean--
(1) an Indian tribe;
(2) a consortia of Indian tribes; or
(3) an association of Indians holding individual Indian
trust fund accounts managed by the Secretary through the
Bureau.
SEC. 203. DEMONSTRATION PLANS.
An Indian tribe may submit to the Secretary a plan to demonstrate a
new approach for the management of tribal or individual Indian funds
held in trust by the United States for such tribe or the members of
such tribe, and as of the date of the enactment of this Act, managed by
the Secretary through the Bureau. Such plan may provide for the
following:
(1) Management of such funds directly by the Indian tribe
in financial institutions selected by the tribe, subject to
supervision and oversight by the Secretary. For the purposes of
this section, the term ``management'' may include one or more
of the functions carried out, as of the date of the enactment
of this Act, by the Secretary through the Bureau in managing
such funds, such as collection, disbursement, and investment
functions.
(2) Management of such funds by the Secretary in a manner
that--
(A) involves investment of such funds in financial
institutions on or near the reservation;
(B) increases tribal access to such institutions;
(C) promotes economic development activities on the
reservation; or
(D) otherwise promotes tribal priorities.
(3) Management of such funds at the local level through
contracts with local financial institutions that meet the
purposes of this title.
(4) Such other approaches, as determined by the Secretary,
that meet the purpose of this title.
SEC. 204. APPROVAL OF PLANS BY THE SECRETARY.
(a) In General.--The Secretary shall approve and implement, or
provide for the implementation by an Indian tribe of, a plan that meets
the following conditions:
(1) Such plan has been approved by the appropriate Indian
tribe, as follows:
(A) For a plan involving tribal trust funds, such
plan is accompanied by a resolution from the tribal
governing body approving the plan.
(B) For a plan submitted by an Indian tribe (as
defined in paragraphs (1) and (2) of section 202)
involving individual Indian money accounts, where most
or all of the account holders are members of the
submitting tribe, it is accompanied by a resolution
from the tribal governing body approving the plan,
along with a certification that the tribe held no fewer
than 2 public meetings to provide an opportunity for
account holders to comment on the plan.
(C) For a plan submitted by an Indian tribe (as
defined in paragraph (3) of section 202), it is
accompanied by a written approval signed by each
participating account holder, along with a
certification that the tribe on whose reservation the
trust asset that is the source of the funds is located,
has been consulted regarding the plan.
(2) The Secretary determines such plan to be consistent
with standards of reasonable prudence, after considering all
appropriate factors, including but not limited to the
following:
(A) The capability and experience of the
individuals or institutions that will be managing the
trust funds.
(B) The protection against substantial loss of
principal.
(C) The rate of return, provided that the plan need
not produce the highest rate of return possible if the
Indian tribe chooses to accept a lower rate in return
for other benefits such as the benefits from investing
in local financial institutions.
(D) The ability of the Secretary to effectively
monitor the demonstration, pursuant to the trust
responsibility of the United States as specified in
section 205.
(3) The duration of the plan does not exceed 5 years.
(b) Investment in Equities.--Nothing in this section shall prohibit
an Indian tribe submitting a plan for a demonstration under this
section from providing in such plan for the investment of its trust
funds in equities, if the Secretary determines that such plan meets the
standard of reasonable prudence under subsection (a)(2).
SEC. 205. FEDERAL TRUST RESPONSIBILITY.
(a) In General.--If an Indian tribe assumes management of trust
funds pursuant to a demonstration under this title, the trust
responsibility of the United States with respect to such funds shall,
for the duration of the demonstration, be limited to the following:
(1) The exercise of reasonable prudence by the Secretary in
approving the plan for the demonstration.
(2) An annual audit provided by the Secretary, directly or
by contract, to determine that the tribe is performing in
conformance with the plan for the demonstration.
(3) If the Secretary finds, through such audits, that the
tribe is not in compliance with the terms of the plan, the
Secretary shall--
(A) terminate the demonstration; or
(B) prescribe remedial action to be taken by the
tribe to achieve compliance with the plan.
(b) Decrease in Interest and Loss of Principal.--If a plan for a
demonstration submitted under this title and approved by the Secretary
provides for the implementation of such demonstration by the Secretary,
the United States shall not be liable, during the period of such
demonstration, for any decrease in interest rate or any loss of
principal that is proximately caused by the Secretary's prudent
implementation of such demonstration.
(c) Agreement.--Prior to the implementation of any demonstration
under this title, the Indian tribe involved shall sign a written
statement indicating that it understands and accepts the limitations on
the trust responsibility of the United States as provided in this
section.
SEC. 206. TECHNICAL AND FINANCIAL ASSISTANCE.
The Secretary shall, directly or by contract, provide Indian tribes
with technical and financial assistance in developing, implementing,
and managing plans for demonstrations under this title.
SEC. 207. NO INCOME TAX CONSEQUENCES.
Funds managed pursuant to a demonstration program under this title,
and distributions made from such funds, shall, for purposes of the
Internal Revenue Code of 1986, be treated in the same manner as such
funds would be treated if such funds were managed directly by the
Secretary, through the Bureau.
SEC. 208. VOLUNTARY WITHDRAWAL FROM TRUST FUND PROGRAM.
(a) In General.--An Indian tribe may, in accordance with this
section, submit a plan to withdraw some or all funds held in trust for
such tribe by the United States and managed by the Secretary through
the Bureau.
(b) Approval of Plan.--The Secretary shall approve a plan under
this section that meets the requirements specified in section 204(a)(1)
and subparagraphs (A) and (B) of section 204(a)(2).
(c) Termination of Trust Responsibility.--Beginning on the date
funds are withdrawn pursuant to this section, any trust responsibility
of the United States with respect to such funds shall terminate.
SEC. 209. REPORT TO CONGRESS.
The Secretary shall, beginning one year after the date of the
enactment of this Act, submit an annual report to the Congress on the
implementation of demonstration programs under this title. Such report
shall include recommendations for changes necessary to effectively
implement the purpose of this title.
TITLE III--RECOGNITION OF TRUST RESPONSIBILITY
SEC. 301. AFFIRMATIVE ACTION REQUIRED.
The first section of the Act of June 24, 1938 (25 U.S.C. 162a), as
amended by section 101(a)(2), is amended by adding at the end the
following new subsection:
``(e) The Secretary shall properly discharge the trust
responsibilities of the United States under this section by--
``(1) providing adequate systems for accounting for and
reporting trust fund balances;
``(2) providing adequate controls over receipts and
disbursements;
``(3) providing periodic, timely reconciliations to assure
the accuracy of accounts;
``(4) determining accurate cash balances;
``(5) preparing and supplying account holders with
meaningful periodic statements of their account balances;
``(6) establishing consistent, written policies and
procedures for trust fund management and accounting; and
``(7) providing adequate staffing, supervision, and
training for trust fund management and accounting.''.
SEC. 302. TRUST RESPONSIBILITY WITH RESPECT TO NATURAL RESOURCES.
The Congress recognizes that the trust responsibility of the United
States extends to tribal and individual Indian owners of natural
resources located within the boundaries of Indian reservations and
trust lands. This includes the fiduciary responsibility to manage funds
held in trust by the United States for Indian tribes and individual
Indians derived from actions including, but not limited to, the use and
sale of leased lands, judgments, mineral leases, oil and gas leases,
timber permits and sales, and water resources.
TITLE IV--TRAINING AND PERSONNEL
SEC. 401. TRAINING.
(a) Training Program.--The Secretary shall establish a program to
assist Indians, including, but not limited to, employees of the Bureau
and members and employees of Indian tribes, to obtain expertise in the
management of trust funds. Components of such program may include the
following:
(1) An outreach program to encourage and assist Indians to
obtain employment with private financial institutions.
(2) Agreements with financial institutions and other
entities under which such entities would provide classroom
training, on-the-job training, internships, and employment
opportunities not to exceed 2 years, for employees and
prospective employees of the Bureau.
(b) Recruitment.--
(1) Employment descriptions.--The Secretary shall ensure
that the employment description for any Federal position
related to the management of Indian trust funds contains
requirements necessary to ensure that a person filling such
position would have the necessary skills, based on industry
standards, to fully perform the position's responsibilities in
a manner consistent with the responsibility of the United
States to properly manage Indian trust funds.
(2) Pay.--The Secretary, in consultation with the Office of
Personnel Management, shall establish the rate of pay payable
for a position related to the management of Indian trust funds
at a level of the General Schedule appropriate for such
position.
(c) Indian Preference.--Nothing in this title shall authorize or
permit any waiver of Indian preference laws as such term is defined in
section 2(f)(2) of Public Law 96-135 (25 U.S.C. 472 et seq.).
TITLE V--RESPONSIBILITY TO ACCOUNT FOR INDIAN TRUST FUNDS
SEC. 501. RESPONSIBILITY OF SECRETARY TO ACCOUNT FOR THE DAILY AND
ANNUAL BALANCES OF INDIAN TRUST FUNDS.
(a) Requirement to Account.--The Secretary shall account for the
daily and annual balance of all funds held in trust by the United
States for the benefit of an Indian tribe or an individual Indian which
are deposited or invested pursuant to the Act of June 24, 1938 (25
U.S.C. 162a).
(b) Periodic Statement of Performance.--Not later than 10 business
days after the close of a calendar month, the Secretary shall provide a
statement of performance to each Indian tribe and individual with
respect to whom funds are deposited or invested pursuant to the Act of
June 24, 1938 (25 U.S.C. 162a). The statement, for the period
concerned, shall--
(1) identify the source, type, and status of the funds;
(2) the beginning balance;
(3) the earnings and losses; and
(4) the ending balance.
(c) Annual Audit.--The Secretary shall cause to be conducted an
annual audit on a fiscal year basis of all funds held in trust by the
United States for the benefit of an Indian tribe or an individual
Indian which are deposited or invested pursuant to the Act of June 24,
1938 (25 U.S.C. 162a), and shall include a letter relating to the audit
in the first statement of performance provided under subsection (b)
after the completion of the audit.
(d) Effective Date.--This section shall take effect October 1,
1993, but shall only apply with respect to earnings and losses
occurring on or after October 1, 1993, on funds held in trust by the
United States for the benefit of an Indian tribe or an individual
Indian.
HR 1846 IH----2
|
TABLE OF CONTENTS:
Title I: Trust Fund Interest Payments
Title II: Indian Trust Fund Management Demonstration Program
Title III: Recognition of Trust Responsibility
Title IV: Training and Personnel
Title V: Responsibility to Account for Indian Trust Funds
Native American Trust Fund Accounting and Management Reform Act of 1993 -
Title I: Trust Fund Interest Payments
- Amends Federal law to change from discretionary to mandatory the authority of the Secretary of the Interior to invest Indian trust funds in debt obligations issued or guaranteed by the United States.
Requires the Secretary to pay interest periodically on such deposited or invested funds to the appropriate Indian tribe or individual Indian.
Repeals Federal law that relieves the United States from any liability relating to the interest payable on such invested funds.
Authorizes the Secretary to make payments to an Indian tribe or individual Indian in full satisfaction of any claim of such tribe or Indian for any interest owed on amounts deposited or invested on their behalf before the enactment of this Act.
Title II: Indian Trust Fund Management Demonstration Program
- Authorizes an Indian tribe to submit to the Secretary a demonstration plan for new approaches to management of tribal or individual funds held in trust by the United States and managed by the Bureau of Indian Affairs (BIA) for a tribe or its members. Sets forth: (1) plan approval criteria; and (2) Federal trust responsibility in the case of tribal trust fund management. Provides for voluntary withdrawal of program funds.
Title III: Recognition of Trust Responsibility
- Amends Federal law to require the Secretary to take specified actions to properly discharge U.S. trust responsibilities with regard to Indian funds investment.
States that the Congress recognizes a trust responsibility with respect to natural resources on Indian reservations and trust lands.
Title IV: Training and Personnel
- Directs the Secretary to establish a trust fund management training program for Indians.
Title V: Responsibility to Account for Indian Trust Funds
- Requires the Secretary to: (1) account for daily and annual balances of Indian trust funds; and (2) provide periodic performance statements.
|
{"src": "billsum_train", "title": "Native American Trust Fund Accounting and Management Reform Act of 1993"}
| 3,598 | 442 | 0.560849 | 1.724267 | 0.693601 | 2.937799 | 8.004785 | 0.880383 |
SECTION 1. AUTOMATIC LAND BANK PROTECTION.
(a) Lands Received in Exchange From Certain Federal Agencies.--The
matter preceding clause (i) of section 907(d)(1)(A) of the Alaska
National Interest Lands Conservation Act (43 U.S.C. 1636(d)(1)(A)) is
amended by inserting ``or conveyed to a Native Corporation pursuant to
an exchange authorized by section 22(f) of Alaska Native Claims
Settlement Act or section 1302(h) of this Act or other applicable law''
after ``Settlement Trust''.
(b) Lands Exchanged Among Native Corporations.--Section
907(d)(2)(B) of such Act (43 U.S.C. 1636(d)(2)) 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:
``(iv) lands or interest in lands shall not be considered
developed or leased or sold to a third party as a result of an
exchange or conveyance of such land or interest in land between
or among Native Corporations and trusts, partnerships,
corporations, or joint ventures, whose beneficiaries, partners,
shareholders, or joint venturers are Native Corporations.''.
(c) Actions by Trustee Serving Pursuant to Agreement of Native
Corporations.--Section 907(d)(3)(B) of such Act (43 U.S.C.
1636(d)(3)(B)) 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:
``(iii) to actions by any trustee whose right, title, or
interest in land or interests in land arises pursuant to an
agreement between or among Native Corporations and trusts,
partnerships, or joint ventures whose beneficiaries, partners,
shareholders, or joint venturers are Native Corporations.''.
SEC. 2. RETAINED MINERAL ESTATE.
Section 12(c)(4) of the Alaska Native Claims Settlement Act (43
U.S.C. 1611(c)(4)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (E) and (F), respectively, and by inserting after
subparagraph (B) the following new subparagraphs:
``(C) Where such public lands are surrounded by or contiguous to
subsurface lands obtained by a Regional Corporation under subsections
(a) or (b), the Corporation may, upon request, have such public land
conveyed to it.
``(D)(i) A Regional Corporation which elects to obtain public lands
under subparagraph (C) shall be limited to a total of not more than
12,000 acres. Selection by a Regional Corporation of in lieu surface
acres under subparagraph (E) pursuant to an election under subparagraph
(C) shall not be made from any lands within a conservation system unit
(as that term is defined by section 102(4) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3102(4)).
``(ii) An election to obtain the public lands described in
subparagraph (A), (B), or (C) shall include all available parcels
within the township in which the public lands are located.
``(iii) For purposes of this subparagraph and subparagraph (C), the
term `Regional Corporation' shall refer only to Doyon, Limited.''; and
(2) in subparagraph (E) (as so redesignated), by striking
``(A) or (B)'' and inserting ``(A), (B), or (C)''.
SEC. 3. PROPOSED AMENDMENT TO PUBLIC LAW 102-415.
Section 20 of the Alaska Land Status Technical Corrections Act of
1992 (106 Stat. 2129) is amended by adding at the end the following new
subsection:
``(h) Establishment of the account under subsection (b) and
conveyance of land under subsection (c), if any, shall be treated as
though 3,520 acres of land had been conveyed to Gold Creek under
section 14(h)(2) of the Alaska Native Claims Settlement Act for which
rights to in-lieu subsurface estate are hereby provided to CIRI. Within
1 year from the date of enactment of this subsection, CIRI shall select
3,520 acres of land from the area designated for in-lieu selection by
paragraph I.B.(2)(b) of the document identified in section 12(b) of the
Act of January 2, 1976 (43 U.S.C. 1611 note).''.
SEC. 4. CALISTA CORPORATION LAND EXCHANGE.
(a) Congressional Findings.--Congress finds and declares that--
(1) the land exchange authorized by section 8126 of Public
Law 102-172 should be implemented without further delay;
(2) lands and interests in lands in the exchange are within
the boundaries of the Yukon Delta National Wildlife Refuge
established by the Alaska National Interest Lands Conservation
Act (ANILCA) and include wetlands, grasslands, marshes, and
riverine and upland fish and wildlife habitat lands, which
represent the premier habitat area for waterfowl and other
birds in the Pacific and other flyways--
(A) for nesting, breeding, and staging grounds for
countless thousands of migratory waterfowl, including
species such as Spectacled Eider, Tundra Swan, White-
fronted Goose, many song birds and neotropical
migrants, Harlequin Duck, Canvasbacked Duck, Snow
Goose, several species of diving and dabbling ducks,
Cackling and other subspecies of Canada Geese, and
Emperor Goose; and
(B) as habitat for other wildlife and fish such as
wolf, brown and black bear, moose, caribou, otter, fox,
mink, musk ox, salmon, grayling, sheefish, rainbow
trout, blackfish, pike, and dolly varden,
the acquisition of which lands and interests in lands would
further the purposes for which the refuge was established by
ANILCA;
(3) the Yukon-Kuskokwim Delta Region is burdened by some of
the most serious and distressing economic, social, and health
conditions existing anywhere in the United States, including
high incidence of infant mortality, teenage suicide, hepatitis,
alcoholism, meningitis, tuberculosis, and unemployment (60 to
90 percent);
(4) the Calista Corporation, the Native Regional
Corporation organized under the authority of the Alaska Native
Claims Settlement Act (ANCSA) for the Yupik Eskimos of
Southwestern Alaska, which includes the entire Yukon Delta
National Wildlife Refuge--
(A) has responsibilities provided for by the
Settlement Act to help address social, cultural,
economic, health, subsistence, and related issues
within the Region and among its villages, including the
viability of the villages themselves, many of which are
remote and isolated; and
(B) has been unable to fully carry out such
responsibilities, and
the implementation of this exchange is essential to helping
Calista utilize its assets to carry out those responsibilities
to realize the benefits of ANCSA;
(5) the parties to the exchange have been unable to reach
agreement on the valuation of the lands and interests in lands
to be conveyed to the United States under section 8126 of
Public Law 102-171; and
(6) in light of the foregoing, it is appropriate and
necessary in this unique situation that Congress authorize and
direct the implementation of this exchange as set forth in this
section in furtherance of the purposes and underlying goals of
the Alaska Native Claims Settlement Act and the Alaska National
Interest Lands Conservation Act.
(b) Land Exchange Implementation.--Section 8126(a) of Public Law
102-172 (105 Stat. 1206) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``October 1, 1996'' and inserting ``October
1, 2002'';
(3) by inserting after ``October 28, 1991'' the following:
``(hereinafter referred to as `CCRD') and in the document
entitled, `The Calista Conveyance and Relinquishment Document
Addendum', dated September 15, 1996 (hereinafter referred to as
`CCRD Addendum')'';
(4) by striking ``The value'' and all that follows through
``Provided, That the'' and inserting in lieu thereof the
following:
``(2) Unless prior to December 31, 1996, the parties mutually agree
on a value of the lands and interests in lands to be exchanged as
contained in the CCRD and the CCRD Addendum, the aggregate values of
such lands and interests in lands shall be established as of January 1,
1997, as provided in paragraph (6) of the CCRD Addendum. The'';
(5) in the last sentence, by inserting a period after
``1642'' and striking all that follows in that sentence; and
(6) by adding at the end the following new paragraph:
``(3) The amount credited to the property account is not subject to
adjustment for minor changes in acreage resulting from preparation or
correction of the land descriptions in the CCRD or CCRD Addendum or the
exclusion of any small tracts of land as a result of hazardous
materials surveys.''.
(c) Extension of Restriction on Certain Property Transfers.--
Section 8126(b) of Public Law 102-172 (105 Stat. 1206) is amended by
striking ``October 1, 1996'' and inserting ``October 1, 2002''.
(d) Exchange Administration.--Section 8126(c) of Public Law 102-172
(105 Stat. 1207) is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by striking the sentence beginning ``On October 1,
1996,'' and inserting in lieu thereof the following: ``To the
extent such lands and interests have not been exchanged with
the United States, on January 1, 1997, the Secretary of the
Treasury shall establish a property account on behalf of
Calista Corporation. If the parties have mutually agreed to a
value as provided in subsection (a)(2), the Secretary of the
Treasury shall credit the account accordingly. In the absence
of such an agreement the Secretary of the Treasury shall credit
the account with an amount equal to 66 percent of the total
amount determined by paragraph (6) of the CCRD Addendum. The
account shall be available for use as provided in subsection
(c)(3), as follows:
``(A) On January 1, 1997, an amount equal to one-half the
amount credited pursuant to this paragraph shall be available
for use as provided.
``(B) On October 1, 1997, the remaining one-half of the
amount credited pursuant to this paragraph shall be available
for use as provided.
``(2) On October 1, 2002, to the extent any portion of the lands
and interests in lands have not been exchanged pursuant to subsection
(a) or conveyed or relinquished to the United States pursuant to
paragraph (1), the account established by paragraph (1) shall be
credited with an amount equal to any remainder of the value determined
pursuant to paragraph (1).'';
(3) by inserting ``(3)'' before ``Subject to'';
(4) by striking ``on or after October 1, 1996,'' and by
inserting after ``subsection (a) of this section,'' the
following: ``upon conveyance or relinquishment of equivalent
portions of the lands referenced in the CCRD and the CCRD
Addendum,''; and
(5) by adding at the end the following new paragraphs:
``(4) Notwithstanding any other provision of law, Calista
Corporation or the village corporations identified in the CCRD Addendum
may assign, without restriction, any or all of the account upon written
notification to the Secretary of the Treasury and the Secretary of the
Interior.
``(5) Calista will provide to the Bureau of Land Management, Alaska
State Office, appropriate documentation, including maps of the parcels
to be exchanged to enable that office to perform the accounting
required by paragraph (1) and to forward such information, if requested
by Calista, to the Secretary of the Treasury as authorized by such
paragraph. Minor boundary adjustments shall be made between Calista and
the Department to reflect the acreage figures reflected in the CCRD and
the CCRD Addendum.
``(6) For the purpose of the determination of the applicability of
section 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C.
1606(i)) to revenues generated pursuant to this section, such revenues
shall be calculated in accordance with paragraph (4) of the CCRD
Addendum.''.
SEC. 5. MINING CLAIMS.
Paragraph (3) of section 22(c) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1621(c)) is amended--
(1) by striking out ``regional corporation'' each place it
appears and inserting in lieu thereof ``Regional Corporation'';
and
(2) by adding at the end the following: ``The provisions of
this section shall apply to Haida Corporation and the Haida
Traditional Use Sites, which shall be treated as a Regional
Corporation for the purposes of this paragraph, except that any
revenues remitted to Haida Corporation under this section shall
not be subject to distribution pursuant to section 7(i) of this
Act.''.
SEC. 6. SALE, DISPOSITION, OR OTHER USE OF COMMON VARIETIES OF SAND,
GRAVEL, STONE, PUMICE, PEAT, CLAY, OR CINDER RESOURCES.
Subsection (i) of section 7 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1606(i)) is amended--
(1) by striking ``Seventy per centum'' and inserting ``(A)
Except as provided by subparagraph (B), seventy percent''; and
(2) by adding at the end the following:
``(B) In the case of the sale, disposition, or other use of common
varieties of sand, gravel, stone, pumice, peat, clay, or cinder
resources made after the date of enactment of this subparagraph, the
revenues received by a Regional Corporation shall not be subject to
division under subparagraph (A). Nothing in this subparagraph is
intended to or shall be construed to alter the ownership of such sand,
gravel, stone, pumice, peat, clay, or cinder resources.''.
SEC. 7. ALASKA NATIVE ALLOTMENT APPLICATIONS.
Section 905(a) of the Alaska National Interest Lands Conservation
Act (43 U.S.C. 1634(a)) is amended by adding at the end the following:
``(7) Paragraph (1) of this subsection and section (d) shall apply,
and paragraph (5) of this subsection shall cease to apply, to an
application--
``(A) that is open and pending on the date of enactment of
this paragraph,
``(B) if the lands described in the application are in
Federal ownership, and
``(C) if all protests which were filed by the State of
Alaska pursuant to paragraph (5)(B) with respect to the
application have been withdrawn and not reasserted or are
dismissed.''.
SEC. 8. VISITOR SERVICES.
Paragraph (1) of section 1307(b) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3197(b)) is amended--
(1) by striking ``Native Corporation'' and inserting
``Native Corporations''; and
(2) by striking ``is most directly affected'' and inserting
``are most directly affected''.
SEC. 9. REPORT.
Within nine months after the date of enactment of this Act, the
Secretary of the Interior shall submit to Congress a report which
includes the following:
(1) Local hire.--(A) The report shall--
(i) indicate the actions taken in carrying out
subsection (b) of section 1308 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3198); and
(ii) also address the recruitment processes that
may restrict employees hired under subsection (a) of
such section from successfully obtaining positions in
the competitive service.
(B) The Secretary of Agriculture shall cooperate with the
Secretary of the Interior in carrying out this paragraph with
respect to the Forest Service.
(2) Local contracts.--The report shall describe the actions
of the Secretary of the Interior in contracting with Alaska
Native Corporations to provide services with respect to public
lands in Alaska.
Passed the House of Representatives September 26, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
|
Amends the Alaska National Interest Lands Conservation Act (ANILCA) to include lands conveyed to a Native Corporation pursuant to an exchange authorized under the Alaska Native Claims Settlement Act (ANCSA) or other applicable law among lands that are exempt, as long as such lands are not developed, leased, or sold to third parties, from adverse possession claims, real property taxes, specified judgments, and involuntary distributions or conveyances related to the involuntary dissolution of a Native Corporation or Settlement Trust.
Specifies that lands shall not be considered developed, leased, or sold to a third party as a result of an exchange or conveyance between or among Native Corporations and trusts, partnerships, corporations, or joint ventures (trusts) whose beneficiaries, partners, shareholders, or joint venturers (beneficiaries) are Native Corporations.
Makes certain prohibitions regarding actions by a trustee inapplicable to actions by any trustee whose right, title, or interest in land arises pursuant to an agreement between or among Native Corporations and trusts whose beneficiaries are Native Corporations.
(Sec. 2) Amends ANCSA to authorize a Native Regional Corporation, upon request, to obtain the retained mineral estate of the Native Allotments that are totally surrounded by ANCSA land selections. Limits a Regional Corporation to a total of not more than 12,000 acres.
(Sec. 3) Amends the Alaska Land Status Technical Corrections Act of 1992 to treat the establishment of the Gold Creek account and conveyance of land, if any, as though 3,520 acres of land had been conveyed to Gold Creek Susitna Association, Incorporated, under ANCSA for which rights to in-lieu subsurface estate are provided to CIRI (Cook Inlet Region Incorporated). Requires, within one year from enactment, that CIRI select 3,520 acres of land from the area designated for in-lieu selection by a specified document.
(Sec. 4) Amends the Department of Defense Appropriations Act, 1992 with respect to the implementation, valuation, and administration of the Calista Corporation land exchanges. Extends the restriction on certain property transfers.
(Sec. 5) Amends ANCSA to include the Haida Corporation and the Haida Traditional Use Sites with respect to transferring the administration of mining claims on Regional Corporation lands and not subjecting any revenues remitted to Haida Corporation to distribution under such Act.
(Sec. 6) Amends ANCSA to exempt revenues received by a Regional Corporation from the sale of sand, gravel, stone, pumice, peat, clay, or cinder resources from the revenue sharing requirements otherwise applicable to revenues received for timber resource and subsurface estate sales.
(Sec. 7) Amends ANILCA to: (1) provide for the approval of certain protested Alaska Native allotment applications; and (2) require the Secretary, in selecting individuals to provide certain visitor services, to give preference to the Native Corporations (currently, the Native Corporation) most directly affected by the establishment or expansion of any conservation system unit by or under the provisions of such Act.
(Sec. 9) Requires a report to the Congress concerning local hires under ANILCA and their inability to obtain competitive service positions.
|
{"src": "billsum_train", "title": "To amend the Alaska Native Claims Settlement Act to make certain clarifications to the land bank protection provisions, and for other purposes."}
| 3,878 | 760 | 0.588752 | 2.189185 | 0.747106 | 3.593592 | 5.706577 | 0.878583 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``At-Risk Youth Medicaid Protection
Act of 2018''.
SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(82);
(B) by striking the period at the end of paragraph
(83) and inserting ``; and''; and
(C) by inserting after paragraph (83) the following
new paragraph:
``(84) provide that--
``(A) the State shall not terminate eligibility for
medical assistance under the State plan for an
individual who is an eligible juvenile (as defined in
subsection (nn)(2)) because the juvenile is an inmate
of a public institution (as defined in subsection
(nn)(3)), but may suspend coverage during the period
the juvenile is such an inmate;
``(B) in the case of an individual who is an
eligible juvenile described in paragraph (2)(A) of
subsection (nn), the State shall, prior to the
individual's release from such a public institution,
conduct a redetermination of eligibility for such
individual with respect to such medical assistance
(without requiring a new application from the
individual) and, if the State determines pursuant to
such redetermination that the individual continues to
meet the eligibility requirements for such medical
assistance, the State shall restore coverage for such
medical assistance to such an individual upon the
individual's release from such public institution; and
``(C) in the case of an individual who is an
eligible juvenile described in paragraph (2)(B) of
subsection (nn), the State shall process any
application for medical assistance submitted by, or on
behalf of, such individual such that the State makes a
determination of eligibility for such individual with
respect to such medical assistance upon release of such
individual from such public institution.''; and
(2) by adding at the end the following new subsection:
``(nn) Juvenile; Eligible Juvenile; Public Institution.--For
purposes of subsection (a)(84) and this subsection:
``(1) Juvenile.--The term `juvenile' means an individual
who is--
``(A) under 21 years of age; or
``(B) described in subsection (a)(10)(A)(i)(IX).
``(2) Eligible juvenile.--The term `eligible juvenile'
means a juvenile who is an inmate of a public institution and
who--
``(A) was determined eligible for medical
assistance under the State plan immediately before
becoming an inmate of such a public institution; or
``(B) is determined eligible for such medical
assistance while an inmate of a public institution.
``(3) Inmate of a public institution.--The term `inmate of
a public institution' has the meaning given such term for
purposes of applying the subdivision (A) following paragraph
(29) of section 1905(a), taking into account the exception in
such subdivision for a patient of a medical institution.''.
(b) No Change in Exclusion From Medical Assistance for Inmates of
Public Institutions.--Nothing in this section shall be construed as
changing the exclusion from medical assistance under the subdivision
(A) following paragraph (29) of section 1905(a) of the Social Security
Act (42 U.S.C. 1396d(a)), including any applicable restrictions on a
State submitting claims for Federal financial participation under title
XIX of such Act for such assistance.
(c) No Change in Continuity of Eligibility Before Adjudication or
Sentencing.--Nothing in this section shall be construed to mandate,
encourage, or suggest that a State suspend or terminate coverage for
individuals before they have been adjudicated or sentenced.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall apply to eligibility of
juveniles who become inmates of public institutions on or after
the date that is 1 year after the date of the enactment of this
Act.
(2) Rule for changes requiring state legislation.--In the
case of a State plan for medical assistance under title XIX of
the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendments made by
subsection (a), the State plan shall not be regarded as failing
to comply with the requirements of such title solely on the
basis of its failure to meet these additional requirements
before 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 the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature.
|
At-Risk Youth Medicaid Protection Act of 2018 This bill prohibits a state Medicaid program from terminating a juvenile's medical assistance eligibility because the juvenile is incarcerated. A state may suspend coverage while the juvenile is an inmate, but must reevaluate the juvenile's eligibility prior to the juvenile's release (without requiring a new application) and, if appropriate, restore coverage upon release. A state must also process an application submitted by, or on behalf of, an incarcerated juvenile in a manner that ensures the juvenile's eligibility is determined upon release. A "juvenile" is an individual who: (1) is under 21 years of age; or (2) has aged out of the state's foster care system, was enrolled in the state plan while in foster care, and is under 26 years of age.
|
{"src": "billsum_train", "title": "At-Risk Youth Medicaid Protection Act of 2017"}
| 1,144 | 215 | 0.565574 | 1.610195 | 0.751836 | 2.397351 | 6.874172 | 0.821192 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Methamphetamine Information
Clearinghouse Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Council'' means the National Methamphetamine
Advisory Council established under section 3(b)(1);
(2) the term ``drug endangered children'' means children
whose physical, mental, or emotional health are at risk because
of the production, use, or effects of methamphetamine by
another person;
(3) the term ``National Methamphetamine Information
Clearinghouse'' or ``NMIC'' means the information clearinghouse
established under section 3(a); and
(4) the term ``qualified entity'' means a State or local
government, school board, or public health, law enforcement,
nonprofit, or other nongovernmental organization providing
services related to methamphetamines.
SEC. 3. ESTABLISHMENT OF CLEARINGHOUSE AND ADVISORY COUNCIL.
(a) Clearinghouse.--There is established, under the supervision of
the Attorney General of the United States, an information clearinghouse
to be known as the National Methamphetamine Information Clearinghouse.
(b) Advisory Council.--
(1) In general.--There is established an advisory council
to be known as the National Methamphetamine Advisory Council.
(2) Membership.--The Council shall consist of 10 members
appointed by the Attorney General--
(A) not fewer than 3 of whom shall be
representatives of law enforcement agencies;
(B) not fewer than 4 of whom shall be
representatives of nongovernmental and nonprofit
organizations providing services related to
methamphetamines; and
(C) 1 of whom shall be a representative of the
Department of Health and Human Services.
(3) Period of appointment; vacancies.--Members shall be
appointed for 3 years. Any vacancy in the Council shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
SEC. 4. NMIC REQUIREMENTS AND REVIEW.
(a) In General.--The NMIC shall promote sharing information
regarding successful law enforcement, treatment, environmental, social
services, and other programs related to the production, use, or effects
of methamphetamine and grants available for such programs.
(b) Components.--The NMIC shall include--
(1) a toll-free number; and
(2) a website that--
(A) provides information on the short-term and
long-term effects of methamphetamine use;
(B) provides information regarding methamphetamine
treatment programs and programs for drug endangered
children, including descriptions of successful programs
and contact information for such programs;
(C) provides information regarding grants for
methamphetamine-related programs, including contact
information and links to websites;
(D) allows a qualified entity to submit items to be
posted on the website regarding successful public or
private programs or other useful information related to
the production, use, or effects of methamphetamine;
(E) includes a restricted section that may only be
accessed by a law enforcement organization that
contains successful strategies, training techniques,
and other information that the Council determines
helpful to law enforcement agency efforts to combat the
production, use or effects of methamphetamine;
(F) allows public access to all information not in
a restricted section; and
(G) contains any additional information the Council
determines may be useful in combating the production,
use, or effects of methamphetamine.
(c) Review of Posted Information.--
(1) In general.--Not later than 30 days after the date of
submission of an item by a qualified entity, the Council shall
review an item submitted for posting on the website described
in subsection (b)(2)--
(A) to evaluate and determine whether the item, as
submitted or as modified, meets the requirements for
posting; and
(B) in consultation with the Attorney General, to
determine whether the item should be posted in a
restricted section of the website.
(2) Determination.--Not later than 45 days after the date
of submission of an item, the Council shall--
(A) post the item on the website described in
subsection (b)(2); or
(B) notify the qualified entity that submitted the
item regarding the reason such item shall not be posted
and modifications, if any, that the qualified entity
may make to allow the item to be posted.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) for fiscal year 2006--
(A) $1,000,000 to establish the NMIC and Council;
and
(B) such sums as are necessary for the operation of
the NMIC and Council; and
(2) for each of fiscal years 2007 through 2010, such sums
as are necessary for the operation of the NMIC and Council.
|
National Methamphetamine Information Clearinghouse Act of 2005 - Establishes: (1) the National Methamphetamine Information Clearinghouse, under the supervision of the Attorney General, to promote sharing information regarding successful law enforcement, treatment, environmental, social services, and other programs related to the production, use, or effects of methamphetamine and grants available for such programs; and (2) the National Methamphetamine Advisory Council.
|
{"src": "billsum_train", "title": "A bill to establish a National Methamphetamine Information Clearinghouse to promote sharing information regarding successful law enforcement, treatment, environmental, social services, and other programs related to the production, use, or effects of methamphetamine and grants available for such programs, and for the other purposes."}
| 1,078 | 99 | 0.680788 | 1.835763 | 1.198266 | 7.054054 | 13.027027 | 0.972973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Animal Fighting Prohibition
Enforcement Act''.
SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS UNDER THE ANIMAL
WELFARE ACT.
(a) In General.--Section 26 of the Animal Welfare Act (7 U.S.C.
2156) is amended--
(1) by redesignating subsections (c) through (h) as
subsections (d) through (i), respectively;
(2) by inserting after subsection (b) the following:
``(c) Sharp Instruments.--It shall be unlawful for any person to
knowingly sell, buy, transport, or deliver in interstate or foreign
commerce a knife, a gaff, or any other sharp instrument attached, or
designed or intended to be attached, to the leg of a bird for use in an
animal fighting venture.'';
(3) in subsection (e) (as redesignated by paragraph (1)),
by striking ``(c)'' and inserting ``(d)'';
(4) in subsection (f) (as redesignated by paragraph (1))--
(A) by striking ``(a), (b), or (c)'' and inserting
``(a), (b), (c), or (d)''; and
(B) by striking ``1 year'' and inserting ``2
years'';
(5) by striking subsection (g) (as redesignated by
paragraph (1)) and inserting the following:
``(g) Investigations.--
``(1) In general.--The Secretary or any person authorized
by the Secretary shall make such investigations as the
Secretary considers necessary to determine whether any person
has violated or is violating any provision of this section.
``(2) Assistance.--Through cooperative agreements, the
Secretary may obtain the assistance of the Federal Bureau of
Investigation, the Department of the Treasury, and other law
enforcement agencies of the United States and of State, tribal,
and local governmental agencies in the conduct of an
investigation under paragraph (1).
``(3) Warrants.--
``(A) Issuance.--A judge of the United States,
United States magistrate judge, or judge of a State or
tribal court of competent jurisdiction in the district
in which is located an animal, paraphernalia,
instrument, or other property or thing that there is
probable cause to believe was involved, is about to be
involved, or is intended to be involved in a violation
of this section shall issue a warrant to search for and
seize the animal or other property or thing.
``(B) Application; execution.--A United States
marshal or any person authorized under this section to
conduct an investigation may apply for and execute a
warrant issued under subparagraph (A), and any animal,
paraphernalia, instrument, or other property or thing
seized under such a warrant shall be held by the
authorized person pending disposition of the animal,
paraphernalia, instrument, or other property or thing
by a court in accordance with this subsection.
``(4) Storage of animals.--
``(A) In general.--An animal seized by a United
States marshal or other authorized person under
paragraph (3) shall be taken promptly to an animal
housing facility in which the animal shall be stored
humanely.
``(B) No facility available.--If there is not
available a suitable animal storage facility sufficient
in size to hold all of the animals involved in a
violation, a United States marshal or other authorized
person shall--
``(i) seize a representative sample of the
animals for evidentiary purposes to be
transported to an animal storage facility in
which the animals shall be stored humanely; and
``(ii)(I) keep the remaining animals at the
location where the animals were seized;
``(II) provide for the humane care of the
animals; and
``(III) cause the animals to be banded,
tagged, or marked by microchip and photographed
or videotaped for evidentiary purposes.
``(5) Care.--While a seized animal is held in custody, a
United States marshal or other authorized person shall ensure
that the animal is provided necessary care (including housing,
feeding, and veterinary treatment).
``(6) Forfeiture.--
``(A) In general.--Any animal, paraphernalia,
instrument, vehicle, money, or other property or thing
involved in a violation of this section shall be liable
to be proceeded against and forfeited to the United
States at any time on complaint filed in any United
States district court or other court of the United
States for any jurisdiction in which the animal,
paraphernalia, instrument, vehicle, money, or other
property or thing is found.
``(B) Disposition.--On entry of a judgment of
forfeiture, a forfeited animal shall be disposed of by
humane means, as the court may direct.
``(C) Costs.--Costs incurred by the United States
for care of an animal seized and forfeited under this
section shall be recoverable from the owner of the
animal--
``(i) in the forfeiture proceeding, if the
owner appears in the forfeiture proceeding; or
``(ii) in a separate civil action brought
in the jurisdiction in which the owner is
found, resides, or transacts business.
``(D) Claim to property.--
``(i) In general.--The owner, custodian, or
other person claiming an interest in a seized
animal may prevent disposition of the animal by
posting, or may be ordered by any United States
district court or other court of the United
States, or by any tribal court, for any
jurisdiction in which the animal is found to
post, not later than 10 days after the animal
is seized, a bond with the court in an amount
sufficient to provide for the care of the
animal (including housing, feeding, and
veterinary treatment) for not less than 30
days.
``(ii) Renewal.--The owner, custodian, or
other person claiming an interest in a seized
animal may renew a bond, or be ordered to renew
a bond, by posting a new bond, in an amount
sufficient to provide for the care of the
animal for at least an additional 30 days, not
later than 10 days after the expiration of the
period for which a previous bond was posted.
``(iii) Disposition.--If a bond expires and
is not renewed, the animal may be disposed of
as provided in subparagraph (A).
``(7) Euthanization.--Notwithstanding paragraphs (1)
through (6), an animal may be humanely euthanized if a
veterinarian determines that the animal is suffering extreme
pain.''; and
(6) in subsection (h) (as redesignated by paragraph (1))--
(A) in subparagraphs (A) and (B) of paragraph (2),
by inserting before the semicolon the following:
``(including a movement to, from, or within land under
the jurisdiction of an Indian tribe)''; and
(B) in paragraph (3), by striking ``telephone,
radio, or television'' and inserting ``telephone, the
Internet, radio, television, or any technology''.
(b) Authorization of Appropriations.--Section 23 of the Animal
Welfare Act (7 U.S.C. 2153) is amended--
(1) by striking ``Sec. 23. The Secretary'' and inserting
the following:
``SEC. 23. FEES; AUTHORIZATION OF APPROPRIATIONS.
``(a) Fees.--The Secretary''; and
(2) by striking the third sentence and inserting the
following:
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act.''.
(c) Effective Date.--The amendments made by this section take
effect on the later of--
(1) the date of enactment of this Act; or
(2) May 13, 2003.
|
Animal Fighting Prohibition Enforcement Act - Amends the Animal Welfare Act to increase the imprisonment penalty for animal fighting violations from one year to two years. Makes it unlawful to sell, buy, transport, or deliver in interstate or foreign commerce a knife, gaff, or other sharp instrument used in a bird-fighting venture.Revises enforcement provisions. Permits euthanasia for an animal in extreme pain.Includes the Internet or any technology as interstate instrumentality.
|
{"src": "billsum_train", "title": "A bill to amend the Animal Welfare Act to strengthen enforcement of provisions relating to animal fighting, and for other purposes."}
| 1,840 | 110 | 0.524352 | 1.336194 | 0.915239 | 3.119048 | 19.678571 | 0.785714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Tax Credit Improvement Act''.
SEC. 2. EXPANSION OF THE CHILD TAX CREDIT.
(a) Increase in Amount of Credit for Young Children.--Subsection
(a) of section 24 of the Internal Revenue Code of 1986 is amended to
read as follows:
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the sum of--
``(1) with respect to each qualifying child of the taxpayer
who has attained 6 years of age by the close of the taxable
year and for which the taxpayer is allowed a deduction under
section 151, $1,000, and
``(2) with respect to each qualifying child of the taxpayer
who has not attained 6 years of age by the close of the taxable
year and for which the taxpayer is allowed a deduction under
section 151, an amount equal to three times the dollar amount
applicable under paragraph (1).''.
(b) Modification of Limitations.--Paragraph (1) of section 24(b) of
the Internal Revenue Code of 1986 is amended to read as follows:
``(1) Limitation based on adjusted gross income.--
``(A) In general.--
``(i) Limitation on credit for qualifying
children who have not attained 6 years of
age.--The amount of the credit allowable under
subsection (a)(2) shall be reduced (but not
below zero) by $150 for each $1,000 (or
fraction thereof) by which the taxpayer's
modified adjusted gross income exceeds the
threshold amount.
``(ii) Limitation on credit for qualifying
children who have attained 6 years of age.--The
amount of the credit allowable under subsection
(a)(1) shall be reduced (but not below zero) by
$50 for each $1,000 (or fraction thereof) by
which the taxpayer's modified adjusted gross
income exceeds--
``(I) in the case of a taxpayer for
which no credit is allowable under
subsection (a)(2), the threshold
amount, or
``(II) in the case of a taxpayer
for which a credit is allowable under
subsection (a)(2), the dollar amount of
the modified adjusted gross income of
the taxpayer at which the credit
allowable under subsection (a)(2) is
reduced to zero.
``(B) Definition.--For purposes of this paragraph,
the term `modified adjusted gross income' means
adjusted gross income increased by any amount excluded
from gross income under section 911, 931, or 933.''.
(c) Increase in Refundable Portion.--
(1) In general.--Clause (i) of section 24(d)(1)(B) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(i) an amount equal to--
``(I) in the case of a taxpayer for
which a credit is allowable under
subsection (a)(2), 45 percent of the
taxpayer's earned income (within the
meaning of section 32) which is taken
into account in computing taxable
income for the taxable year, or
``(II) in the case of a taxpayer
for which a credit is allowable under
subsection (a)(1) and for which no
credit is allowable under subsection
(a)(2), 15 percent of the taxpayer's
earned income (within the meaning of
section 32) which is taken into account
in computing taxable income for the
taxable year, or''.
(2) Conforming amendment.--Subsection (d) of section 24 of
such Code is amended by striking paragraph (4).
(3) Elimination of inflation adjustment.--Subsection (d) of
section 24 of such Code is amended by striking paragraph (3).
(d) Inflation Adjustments.--Section 24 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new subsection:
``(g) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2015, the $1,000 amount in
subsection (a)(1) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2014' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--Any increase determined under the
preceding sentence shall be rounded to the nearest multiple of
$50.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
|
Child Tax Credit Improvement Act This bill amends the Internal Revenue Code, with respect to the child tax credit, to: (1) increase the amount of such credit for children who have not attained age 6 by the close of the taxable year, (2) modify the limitation on such credit based upon taxpayer adjusted gross income and the age of the qualifying child, (3) increase the refundable portion of such credit for children under age 6, and (4) allow an inflation adjustment to the $1,000 credit amount beginning after 2015.
|
{"src": "billsum_train", "title": "Child Tax Credit Improvement Act"}
| 1,056 | 101 | 0.659694 | 1.468164 | 0.717565 | 2.40566 | 9.150943 | 0.933962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Head Start Quality Improvement
Act''.
SEC. 2. QUALITY IMPROVEMENT FUNDS.
Section 637(5)(B) of the Head Start Act (42 U.S.C. 9832(5)(B)) is
amended by striking ``25 percent'' and inserting ``30 percent''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 639(c) of the Head Start Act (42 U.S.C. 9834(c)) is amended
to read as follows:
``(c) The Secretary shall make available to carry out the Head
Start Transition Project Act, from the amount appropriated under
subsection (a), not less than $50,000,000 for each of fiscal years 1993
through 1996.''.
SEC. 4. MONITORING AND INCENTIVE GRANTS.
Section 640(a)(2)(C) of the Head Start Act (42 U.S.C.
9835(a)(2)(C)) is amended to read as follows:
``(C) program improvement activities, in an amount for each
fiscal year that is not less than 3 percent of the sum
appropriated under section 639 for such fiscal year, of which
amount--
``(i) 75 percent shall be made available for
training and technical assistance activities that are
sufficient to meet the needs associated with program
expansion and to foster program and management
improvement activities as described in section 648;
``(ii) 12.5 percent shall be made available to
provide funds for carrying out reviews and interim
evaluations under section 641(c)(1), audits and
examinations under section 647(b), and evaluations
under section 651, which funds shall be used to
supplement, and not supplant, any Federal funds that
would otherwise have been available to carry out such
reviews, audits, examinations, and evaluations; and
``(iii) 12.5 percent shall be made available to
make grants to Head Start agencies that exceed the
outcome measures described in section 651(b)(2), for
carrying out the quality improvement activities
described in paragraph (3)(A).''.
SEC. 5. HEAD START AGENCIES.
(a) Grants.--Section 641(a) of the Head Start Act (42 U.S.C.
9836(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by inserting ``(1)'' after ``(a)''; and
(3) by adding at the end the following:
``(2) The Secretary may make grants to designated Head Start
agencies to carry out Head Start programs under this Act.
``(3) The first grant awarded to an agency serving a community
after the date of enactment of this paragraph, and first designation of
such agency as a Head Start agency after such date, shall be for a
period of 7 years. Subsequent grants and designations shall be made for
periods of not less than 7 years.
``(4) To be eligible to be designated as a Head Start agency and
receive such a grant, an agency shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.''.
(b) Reviews and Interim Evaluations.--Section 641(c) of the Head
Start Act (42 U.S.C. 9836(c)) is amended--
(1) by striking paragraph (1);
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``and shall'' and inserting
``and shall conduct an interim evaluation
including a site visit at the site of such
agency at least once each year, in order to'';
and
(ii) by inserting ``, including outcome
measures described in section 651(b)(2),''
after ``requirements''; and
(B) in subparagraph (C)--
(i) by striking ``The'' and inserting ``In
addition to conducting the reviews and interim
evaluations required under subparagraphs (A)
and (B), the''; and
(ii) by striking ``followup reviews'' and
inserting ``followup reviews and interim
evaluations'';
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``review'' and inserting ``review or interim
evaluation'';
(B) in subparagraph (A), by striking ``review'' and
inserting ``review or interim evaluation''; and
(C) in subparagraph (B), by striking ``such review
at the site of such agency'' and inserting ``such a
site visit, conducted as part of a review or interim
evaluation'';
(4) in paragraph (4)--
(A) by striking ``(4)'' and inserting ``(4)(A)'';
(B) in subparagraph (A) (as so designated by
subparagraph (A) of this paragraph) by striking
``review'' and inserting ``review or interim
evaluation''; and
(C) add at the end the following:
``(B) If, in carrying out such a review or interim evaluation, the
Secretary identifies program deficits in the programs provided by the
agency, the Secretary--
``(i) may require the agency to take corrective action to
correct the program deficits;
``(ii) shall provide technical assistance under section
648(a) for the 1-year period beginning on the date of the
review or interim evaluation; and
``(iii) may conduct a full review of the program.
``(C)(i) In addition to any other authority of the Secretary to
revoke the designation of an agency as a Head Start agency, if the
Secretary determines that the agency described in subparagraph (B) has
not corrected program deficits related to the outcome measures
described in section 651(b)(2) within 1 year after the review or
interim evaluation described in subparagraph (B), the Secretary may
revoke such designation of the agency.
``(ii) The Secretary shall provide notice and an opportunity for
comment to the agency prior to revoking the designation of the agency.
``(iii) After so revoking the designation of an agency that serves
a community, the Secretary may designate, in accordance with subsection
(d), an agency described in subsection (a) as a Head Start agency to
serve the community and make grants under subsection (a) to such
agency.''; and
(5) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively.
(c) Considerations.--Section 641(d) of the Head Start Act 942
U.S.C. 9836(d)) is amended--
(1) in the first sentence, by striking ``If there is'' and
all that follows through ``then the'' and inserting ``The'';
(2) in the second sentence, by striking ``criteria,'' and
all that follows and inserting ``including outcome measures
described in section 651(b)(2), criteria, and standards, in
effect on the date of designation.'';
(3) at the end of paragraph (8), by striking ``and'';
(4) at the end of paragraph (9), by striking the period and
inserting ``; and''; and
(5) by adding at the end the following:
``(10) the ability of the applicant to ensure continuity of
Head Start services.''.
(d) Existing Head Start Agencies.--
(1) Application.--Each agency that is a designated Head
Start agency under section 641 of the Head Start Act on the
date of enactment of this Act shall submit an application to
the Secretary of Health and Human Services as described in
section 641(a)(4) of such Act (as added by subsection (a) of
this section) and in accordance with the schedule described in
paragraph (2), in order to be eligible to--
(A) be designated as a Head Start agency; and
(B) receive a grant,
for an additional period under section 641 of such Act.
(2) Schedule.--The Secretary of Health and Human Services
shall by regulation establish a schedule for the submission of
applications as required in paragraph (1), which schedule shall
ensure the submission of all such applications within 7 years
after the date of enactment of this Act.
(e) Technical and Conforming Amendment.--Section 651(g)(10) of the
Head Start Act (42 U.S.C. 9846(g)(10)) is amended by striking
``evaluations conducted under section 641(c)(2)'' and inserting
``reviews and interim evaluations conducted under section 641(c)(1)''.
SEC. 6. ELIGIBILITY.
Section 645(a)(1) of the Head Start Act (42 U.S.C. 9840(a)(1)) is
amended to read as follows:
``(1)(A) The Secretary shall by regulation prescribe eligibility
criteria for the participation of persons in Head Start programs
assisted under this subchapter.
``(B) Except as provided in paragraph (2), such criteria may
provide--
``(i) that a child from a low-income family shall be
eligible for participation in a program assisted under this
subchapter if the child is from--
``(I) a family that has an income below the poverty
line; or
``(II) a family that is eligible or, in the absence
of child care, would potentially be eligible for public
assistance;
``(ii) pursuant to such regulations as the Secretary shall
prescribe, that programs assisted under this subchapter may
include, to a reasonable extent, participation of children in
the area served who would benefit from such programs but whose
families do not meet the low-income criteria prescribed
pursuant to clause (i); and
``(iii) that a child shall be eligible for participation in
such a program if the child is from a family described in
subclause (I) or (II) of clause (i) on a date not more than 2
years before such participation, regardless of whether the
child was of an appropriate age to participate in such a
program on such date.''.
SEC. 7. NOTICE, HEARINGS, AND APPEALS.
The Head Start Act is amended by repealing section 646 (42 U.S.C.
9841) and inserting the following:
``SEC. 646. NOTICE, HEARINGS, AND APPEALS.
``The Secretary shall establish and implement procedures for
providing notice, an opportunity for a hearing, and an opportunity for
an appeal to persons who are grant recipients or applicants for grants
under this Act. Such procedures shall be consistent with other
procedures of the Department of Health and Human Services for providing
such notice and such opportunities with respect to similar financial
assistance.''.
SEC. 8. OUTCOME MEASURES.
Section 651(b) of the Head Start Act (42 U.S.C. 9846(b)) is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) The Secretary shall promulgate regulations establishing
outcome measures for Head Start agencies carrying out Head Start
programs under this subchapter, which regulations shall require that,
effective January 1, 1995, each Head Start agency carrying out such a
Head Start program shall--
``(A)(i) conduct initial assessments of developmental
skills, including physical development, self-help skills,
social development, academic development, and communication
skills, for not less than 90 percent of the children who have
been enrolled in the program for not less than 90 days;
``(ii) conduct exit assessments of such developmental
skills for not less than 90 percent of the children who--
``(I) have been enrolled in the program for not
less than 6 months; and
``(II) are leaving the program;
``(iii) provide remedial activities to not less than 90
percent of the children enrolled in the program who have
identified developmental delays, to address the delays;
``(iv) prepare a medical, dental, and developmental history
for not less than 90 percent of the children who have been
enrolled in the program for not less than 90 days;
``(v) conduct medical, vision, hearing, and dental
screenings for not less than 90 percent of the children who
have been enrolled in the program for not less than 90 days;
``(vi) conduct medical and dental examinations for not less
than 90 percent of the children who have been enrolled in the
program for not less than 6 months;
``(vii) provide necessary treatment to not less than 90
percent of the children with identified medical and dental
needs who are enrolled in the program; and
``(viii) fully immunize, in accordance with Head Start
guidelines, all of the children who have been enrolled in the
program for not less than 90 days;
``(B)(i) prepare a family needs assessment, which utilizes
a formal assessment tool and meets such specifications as the
Secretary may require, for not less than 80 percent of the
families of children enrolled in the program;
``(ii) prepare a family assistance plan, which outlines the
specific measures to be taken by the staff of the Head Start
agency and members of the family to meet the needs of the
family, for not less than 75 percent of such families;
``(iii) provide assistance to not less than 75 percent of
such families who have identified needs, to assist such
families in meeting the goals and objectives of the family
assistance plan;
``(iv) provide an opportunity to participate in a parenting
skills program, or other assistance designed to improve
parenting skills, to not less than 90 percent of such families
who have identified needs related to parenting skills;
``(v) provide education and job skills assistance,
including participation in literacy, job search, and other
activities, to facilitate participation in appropriate
education and job skills programs, to not less than 90 percent
of families described in clause (i) who have identified needs
for such assistance; and
``(vi) provide an opportunity to participate in volunteer
activities related to the operation of the program, to not less
than 75 percent of the parents of children enrolled in the
program; and
``(C)(i) submit to the Secretary a written management plan
specifying, at a minimum, the administrative procedures,
classroom operations, job descriptions, salary schedules,
staffing plan, and records management, of the Head Start
agency;
``(ii) submit to the Secretary a written plan specifying
the goals and activities of the agency, and measurable outcomes
concerning, at a minimum--
``(I) the staff to child ratios for classroom
teachers, supervisory staff, support staff, social
services staff, and other categories of center staff;
``(II) the outreach activities;
``(III) the facilities improvements;
``(IV) the enrollment;
``(V) the use of quality improvement funds;
``(VI) the inservice and preservice training for
employees;
``(VII) the home visiting services;
``(VIII) the educational programming;
``(IX) the parent participation in activities; and
``(X) the program expansion,
of the agency;
``(iii) implement a uniform recordkeeping system that meets
such requirements as the Secretary may require with respect to
information, including, at a minimum, education, developmental,
health, social service, assessment, and special needs
information, about the children, and the families of the
children, enrolled in the program;
``(iv) increase, by 25 percent each year, the percentage of
teachers providing services through the Head Start agency who
are certified according to such criteria as the Secretary may
determine to be appropriate, until all such teachers are so
certified;
``(v) develop--
``(I) a variety of volunteer opportunities for the
parents of the children enrolled in the program, which
shall include opportunities to participate in
management of the Head Start agency, on advisory
boards, or in providing classroom assistance, outreach,
or support services; and
``(II) other mechanisms to encourage the
participation of such parents;
``(vi) meet all applicable licensing standards for child
care facilities in the State and community in which the Head
Start agency is located; and
``(vii) transmit the exit assessments described in
subparagraph (A)(ii) for not less than 75 percent of the
children enrolled in the program--
``(I) to the next elementary school in which such a
child is enrolled; or
``(II) in the case of a child who is enrolled in a
program under the Head Start Transition Project Act, to
such program.''.
|
Head Start Quality Improvement Act - Amends the Head Start Act to increase the portions of specified funds which are to be set aside for: (1) quality improvement activities of program grantees; (2) activities under the Head Start Transition Project Act; and (3) program improvement activities (adding monitoring and incentive grants to the current training and technical assistance).
Authorizes the Secretary of Health and Human Services to make program grants to designated Head Start agencies on a seven-year funding cycle (thus requiring existing agency reapplication and recompetition for subsequent grants and designations). Adds continuity of services to selection criteria.
Requires an interim evaluation (including a site visit) of each designated agency at least once each year. Authorizes the Secretary to require an agency to correct program deficits, and requires provision of technical assistance for such purpose. Authorizes revocation of the agency's designation and grant if the problem is not corrected in that year, and provides for designation of and grants to another agency to serve the same community.
Expands child eligibility criteria for program participation, allowing participation of families that would have been eligible within two years before.
Revises notice, hearings, and appeals requirements and procedures.
Adds requirements for program outcome measures.
|
{"src": "billsum_train", "title": "Head Start Quality Improvement Act"}
| 3,755 | 267 | 0.522793 | 1.508483 | 0.78932 | 2.251029 | 14.444444 | 0.843621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Section Commission to Advise on
Reforming Elections Act''.
SEC. 2. ESTABLISHMENT OF SELECT COMMISSION TO ADVISE ON REFORMING
ELECTIONS.
There is established a commission to be known as the ``Select
Commission to Advise on Reforming Elections'' (referred to in this Act
as the ``Commission''). The purposes of the Commission are to study the
laws relating to the financing of campaigns for elections for Federal
office and to report and recommend legislation to reform those laws.
SEC. 3. MEMBERSHIP OF COMMISSION.
(a) Appointment.--The Commission shall be composed of 12 members
appointed not later than 60 days after the date of the enactment of
this Act by the President, of whom--
(1) Three members shall be appointed from among a list of
nominees submitted by the majority leader of the House of
Representatives;
(2) Three members shall be appointed from among a list of
nominees submitted by the majority leader of the Senate;
(3) Two members shall be appointed from among a list of
nominees submitted by the minority leader of the House of
Representatives;
(4) Two members shall be appointed from among a list of
nominees submitted by the minority leader of the Senate; and
(5) Two members shall be appointed from individuals meeting
such criteria as the President may apply.
(b) Chair.--The members of the Commission shall select two members
to serve as co-chairs of the Commission.
(c) Terms.--The members of the Commission shall serve for the life
of the Commission.
(d) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
SEC. 4. POWERS OF COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(b) Quorum.--Five members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Pay and Travel Expenses of Members.--(1) Each member of the
Commission, other than the co-chairs, shall be paid at a rate equal to
the daily equivalent of the annual rate of basic pay payable for level
IV of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which the
member is engaged in the actual performance of duties vested in the
Commission. Each co-chair shall be paid for each day referred to in the
preceding sentence at a rate equal to the daily equivalent of the
annual rate of basic pay payable for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(2) Members of the Commission shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(b) Staff Director.--The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a staff
director, who shall be paid at the rate of basic pay payable for level
IV of the Executive Schedule under section 5315 of title 5, United
States Code.
(c) Staff of Commission; Services.--
(1) In general.--Subject to such rules as may be adopted by
the Commission, the staff director of the Commission, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service and without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classifications and
General Schedule pay rates, and subject to the approval of the
Commission, may appoint such personnel as the staff director considers
necessary, except that an individual so appointed may not receive pay
in excess of the maximum annual rate of basic pay payable for grade GS-
15 of the General Schedule under section 5332 of title 5, United States
Code.
(2) Temporary and intermittent services.--Subject to the
approval of the Commission, the staff director of the
Commission may procure temporary and intermittent services to
the same extent as is authorized by section 3109(b) of title 5,
United States Code.
SEC. 6. REPORT AND RECOMMENDATIONS FOR CHANGES IN LAW.
(a) Report.--Not later than 180 days after the appointment of its
members, the Commission shall submit to the President, the Speaker and
minority leader of the House of Representatives, and the majority and
minority leaders of the Senate a report of the activities of the
Commission.
(b) Recommendations for Changes in Campaign Finance Laws.--
(1) In general.--Subject to paragraph (2), the Commission
shall submit to the President, the Speaker and minority leader
of the House of Representatives, and the majority and minority
leaders of the Senate any recommendations for changes in the
laws (including regulations) governing the conducting and
financing of Federal campaigns (including any changes in the
rules of the Senate or the House of Representatives) to which
seven or more members of the Commission may agree--
(A) by including such recommendations in the report
submitted under subsection (a); or
(B) with the approval of a majority of its members,
by submitting a supplemental report containing such
recommendations not later than 180 days after
submitting the report under subsection (a).
(2) Final deadline.--The Commission may not submit
recommendations under this subsection after July 15, 1998.
(c) Dissenting Views.--The Commission shall include in the report
submitted under subsection (a) and in any recommendations submitted
under subsection (b) any dissenting or minority views of its members,
including recommendations for changes in law which were proposed by any
member and to which seven or more members did not agree.
SEC. 7. EXPEDITED CONGRESSIONAL CONSIDERATION OF LEGISLATION
IMPLEMENTING RECOMMENDATIONS.
(a) Preparation of Legislation.--If the Commission submits any
recommendation for changes in the laws under section 6(b), those
members concurring in the recommendation shall include with the
recommendation legislation to implement the recommendation.
(b) Expedited Congressional Consideration of Legislation.--
(1) In general.--If any legislation is introduced the
substance of which implements a recommendation of the
Commission submitted under section 6(b), subject to paragraph
(2), the provisions of section 2908 (other than subsection (a))
of the Defense Base Closure and Realignment Act of 1990 shall
apply to the consideration of the legislation in the same
manner as such provisions apply to a joint resolution described
in section 2908(a) of such Act.
(2) Special rules.--For purposes of applying paragraph (1)
with respect to such provisions, the following rules shall
apply:
(A) Any reference to the Committee on Armed
Services of the House of Representatives shall be
deemed a reference to the Committee on House Oversight
of the House of Representatives and any reference to
the Committee on Armed Services of the Senate shall be
deemed a reference to the Committee on Rules and
Administration of the Senate.
(B) Any reference to the date on which the
President transmits a report shall be deemed a
reference to the date on which the recommendation
involved is submitted under section 6(b).
SEC. 8. TERMINATION.
The Commission shall cease to exist 90 days after the later of--
(1) the date of the submission of its report under section
6(a); or
(2) the date of the submission of its recommendations under
section 6(b).
|
Select Commission to Advise on Reforming Elections Act - Establishes the Select Commission to Advise on Reforming Elections to study the laws relating to the financing of campaigns for Federal elections and to report and recommend legislation to reform those laws.
(Sec. 6) Requires the Commission to submit a report to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate on its activities. Directs the Commission, as specified, to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, any recommendations for changes in campaign finance laws to which seven or more Commission members may agree. Prohibits the submission of recommendations by the Commission after July 15, 1998.
(Sec. 7) Requires that when the Commission submits any recommendation for changes in campaign finance laws, those Commission members concurring in the recommendation shall include legislation to implement the recommendation. Provides for expedited congressional consideration of any legislation introduced which implements a recommendation of the Commission.
(Sec. 8) Terminates the Commission after the later of: (1) the submission of its report; or (2) the submission of its recommendations.
|
{"src": "billsum_train", "title": "Select Commission to Advise on Reforming Elections Act"}
| 1,688 | 266 | 0.650024 | 1.754357 | 0.839491 | 4.932773 | 6.495798 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Medicaid and SCHIP
Relief Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Disaster period.--
(A) In general.--Subject to subparagraph (B), the
term ``disaster period'' means, with respect to any
State that includes an area for which a major disaster
has been declared in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) as a result of
Hurricane Katrina, the period beginning on the earliest
date on which any area of the State was so declared and
ending on the earlier of--
(i) the latest date for which any such
declaration of an area of the State terminates;
or
(ii) 6 months after the beginning of such
period.
(B) One-time extension.--The President may extend
the disaster period under subparagraph (A) with respect
to a State for a period of up to 6 months. Any
reference to the term ``disaster period'' in this Act
shall include any extension under this subparagraph.
(2) Katrina survivor.--
(A) In general.--The term ``Katrina Survivor''
means individuals who--
(i) reside in an area for which a major
disaster has been declared in accordance with
401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170)
as a result of Hurricane Katrina; or
(ii) resided in such an area on any day
during the week preceding the date that the
major disaster was declared with respect to
that area.
(B) Treatment of homeless persons.--In the case of
an individual who was homeless within an area described
in subparagraph (A) on any day during the week
preceding the date on which a major disaster for such
area was first declared, the individual's ``residence''
shall be deemed to be the place of residence as
otherwise determined for such an individual under title
XIX or XXI (as the case may be) of the Social Security
Act.
SEC. 3. AUTHORITY TO PROVIDE MEDICAL ASSISTANCE UNDER MEDICAID OR CHILD
HEALTH ASSISTANCE UNDER THE STATE CHILDREN'S HEALTH
INSURANCE PROGRAM TO KATRINA SURVIVORS.
During the disaster period, any State may provide medical
assistance under a State Medicaid plan established under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), without submitting a
State plan amendment, to Katrina Survivors, or, in the case of a
Katrina Survivor who is a child, child health assistance under a State
child health plan under title XXI of such Act (42 U.S.C. 1397aa et
seq.), in accordance with the following:
(1) Uniform eligibility rules.--
(A) No income, resources, residency, or categorical
eligibility requirements.--Such assistance shall be
provided without application of any income or resources
test, State residency, or categorical eligibility
requirements.
(B) Streamlined eligibility procedures.--The State
shall use the following streamlined procedures in
processing applications and determining eligibility for
medical or child health assistance for Katrina
Survivors:
(i) A common 1-page application form that
shall include notice regarding the penalties
for making a fraudulent application under
paragraph (4) and shall require the applicant
to assign to the State any rights of the
applicant (or any other person who is a Katrina
Survivor and on whose behalf the applicant has
the legal authority to execute an assignment of
such rights) under any group health plan or
other third-party coverage for health care.
(ii) Self-attestation by (or in the case of
a child, on behalf of) the applicant that the
applicant is a Katrina Survivor.
(iii) No requirement for documentation
evidencing the basis on which the applicant
qualifies to be a Katrina Survivor.
(iv) Issuance of an eligibility card to an
applicant who completes such application,
including the self-attestation required under
clause (ii). Such card shall be valid during
the disaster period.
(v) If an applicant completes the
application and presents it to a provider or
facility participating in the State Medicaid
plan or the State child health plan that is
qualified to make presumptive eligibility
determinations under such plan (which at a
minimum shall consist of facilities identified
in section 1902(a)(55) of the Social Security
Act (42 U.S.C. 1396a(a)(55)) and it appears to
the provider that the applicant is a Katrina
Survivor based on the information in the
application, the applicant will be deemed to be
a Katrina Survivor eligible for medical or
child health assistance in accordance with this
section, subject to paragraph (3).
(vi) Subject to paragraphs (3) and (4),
continuous eligibility, without the need for
any redetermination of eligibility, for the
duration of the disaster period.
(2) Scope of coverage same as categorically needy or
targeted low-income child.--
(A) In general.--The State shall treat a Katrina
Survivor as an individual eligible for medical
assistance under the State plan under title XIX of the
Social Security Act on the basis of section
1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(i)), or, in the case of a child, as a
targeted low-income child under the State child health
plan under title XXI of such Act (42 U.S.C. 1397aa et
seq.), with coverage for such assistance retroactive to
the earliest date described in section 2(1) that is
applicable to such Survivor.
(B) Reimbursement of items and services that a
provider determines are medically necessary.--The State
shall pay a provider of medical or child health
assistance (including a provider of mental health
services) for an item or service provided by the
provider to a Katrina Survivor which is not within the
scope of coverage applicable to the Survivor under
subparagraph (A) upon a determination by the provider
that the provision of such item or service is medically
necessary for the Survivor (without regard to the
State's standard which would otherwise apply to a
determination of medical necessity).
(3) Verification of status as a katrina survivor.--
(A) In general.--The State shall make a good faith
effort to verify the status of a Katrina Survivor
enrolled in the State Medicaid or child health plan
under the provisions of this section after the
determination of the eligibility of the Survivor for
medical or child health assistance under such plan.
(B) Evidence of verification.--A State may satisfy
the verification requirement under subparagraph (A)
with respect to a Katrina Survivor by showing that the
State providing medical or child assistance obtained
information from the Social Security Administration,
the Internal Revenue Service, or, in the case of a
Katrina Survivor who resided in a State for which a
major disaster has been declared in accordance with 401
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) as a result of
Hurricane Katrina, the State Agency for that State with
responsibility for administering that State's Medicaid
or child health plan.
(C) Disallowance of payments for failure to make
good faith effort.--If, with respect to the status of a
Katrina Survivor enrolled in a State Medicaid or child
health plan, the State fails to make the good faith
effort required under subparagraph (A), and the
Secretary determines that the individual so enrolled is
not a Katrina Survivor, the Secretary shall disallow
all Federal payments made to the State that are
directly attributable to medical or child health
assistance provided or administrative costs incurred
with respect to the individual during the disaster
period.
(4) Penalty for fraudulent applications.--
(A) Individual liable for costs.--If a State, as
the result of verification activities conducted under
paragraph (3), determines that an individual has
knowingly made a false self-attestation described in
paragraph (1)(B)(ii), the State may, subject to
subparagraph (B), seek recovery from the individual for
the full amount of the cost of medical assistance
provided to the individual under this section. The
recovery of such amount shall be in addition to any
other penalties that may be prescribed by law.
(B) Exception.--The Secretary shall exempt a State
from seeking recovery under subparagraph (A) if the
Secretary determines that it would not be cost-
effective for the State to do so.
(C) Reimbursement to the federal government.--Any
amounts recovered by a State in accordance with this
paragraph shall be returned to the Federal Government,
except that a State's administrative costs attributable
to obtaining such recovery shall be reimbursed by the
Federal Government in accordance with section 4.
(5) Exemption from error rate penalties.--All payments
attributable to providing medical assistance to Katrina
Survivors in accordance with this section shall be disregarded
for purposes of section 1903(u) of the Social Security Act (42
U.S.C. 1396b(u)).
SEC. 4. 100 PERCENT FEDERAL FINANCIAL ASSISTANCE FOR MEDICAL AND CHILD
HEALTH ASSISTANCE AND ADMINISTRATIVE COSTS.
Notwithstanding sections 1903(a), 1905(b), and 2105(b) of the
Social Security Act (42 U.S.C. 1396b(a), 1396d(b), 1397ee(b)), the
Federal medical assistance percentage (or the enhanced FMAP, in the
case of section 2105(b) of such Act) for providing medical assistance
under a State Medicaid plan under title XIX of such Act or child health
assistance under a State child health plan to a Katrina Survivor, and
for costs directly attributable to all administrative activities
related to the provision of such assistance, shall be 100 percent
during the disaster period applicable to the area of residence (or
former residence) of such a Survivor.
SEC. 5. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA SURVIVORS UNDER
MEDICARE PROGRAM.
(a) Exclusion of Disaster Relief Period in Computing Part B Late
Enrollment Penalty.--In applying the first sentence of section 1839(b)
of the Social Security Act (42 U.S.C. 1395r(b)) in the case of a
Katrina Survivor, there shall not be taken into account any month any
part of which is within the disaster period or within the 2-month
period following the end of such disaster period.
(b) Part D.--
(1) Extension of initial enrollment period.--In the case of
a Katrina Survivor, the initial enrollment period under section
1860D-1(b)(2) of the Social Security Act (42 U.S.C. 1395w-
101(b)(2)) shall in no case end before May 15, 2007.
(2) Flexibility in documentation for low-income
subsidies.--For purposes of carrying out section 1860D-14 of
the Social Security Act (42 U.S.C. 1395w-114), with respect to
Katrina Survivors, the Secretary of Health and Human Services
shall establish documentation rules for Katrina Survivors which
take into account the loss and unavailability of documents due
to Hurricane Katrina.
SEC. 6. GENERAL PROVISIONS.
(a) Authority to Rely on Website Posted Designations.--The
Secretary of Health and Human Services shall post on the Internet
website for the Centers for Medicare & Medicaid Services a list of
areas, including parishes and counties, identified as areas for which a
major disaster has been declared in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) as a result of Hurricane Katrina. Any State which provides
medical or child health assistance to Katrina Survivors on the basis of
such posting and in accordance with this Act shall be held harmless if
it is subsequently determined that the provision of such assistance was
in error.
(b) Emergency Designation.--The preceding provisions of this Act
are hereby designated as emergency requirements pursuant to subsections
(a) and (b) of section 402 of H. Con. Res. 95 (109th Congress).
|
Hurricane Katrina Medicaid and SCHIP Relief Act of 2005 - Provides that, during the Hurricane Katrina disaster period, any affected state may provide medical assistance, under a state Medicaid plan under title XIX of the Social Security Act (SSA), without submitting a state plan amendment, to an adult Katrina Survivor, or to a child Katrina Survivor, under SSA title XXI (State Child Health Insurance Program) (SCHIP).
Applies to the area of residence (or former residence) of a Katrina Survivor a federal medical assistance percentage (FMAP) during the disaster period of 100% for Medicaid or SCHIP assistance provided, and costs directly attributable to all related administrative activities.
Excludes the disaster relief period in computing the Medicare part B late enrollment penalty.
Extends the initial enrollment period for prescription drug plans under Medicare part D (Voluntary Prescription Drug Benefit Program) to at least May 15, 2007.
Directs the Secretary of Health and Human Services to establish premium and cost-sharing documentation rules for Katrina Survivors which take into account the loss and unavailability of documents due to Hurricane Katrina.
Requires the Secretary to post on the Internet website for the Centers for Medicare and Medicaid Services a list of declared disaster areas, including parishes and counties, resulting from Hurricane Katrina.
Designates the provisions of this Act as emergency requirements exempt from certain budget constraints under H.C. Res. 95 (109th Congress).
|
{"src": "billsum_train", "title": "A bill to provide 100 percent Federal financial assistance under the Medicaid and State children's health insurance programs for States providing medical or child health assistance to survivors of Hurricane Katrina, to provide for an accommodation of the special needs of such survivors under the medicare program, and for other purposes."}
| 2,905 | 338 | 0.588207 | 1.778197 | 0.684582 | 3.743494 | 8.888476 | 0.895911 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Consumer Energy
Information Act'' or the ``E-Access Act''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of Energy.
SEC. 3. CONSUMER ACCESS TO ELECTRIC ENERGY INFORMATION.
(a) In General.--The Secretary shall encourage and support the
adoption of policies that allow electricity consumers access to their
own electricity data.
(b) Eligibility for State Energy Plans.--Section 362(d) of the
Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended--
(1) in paragraph (16), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (17) as paragraph (18); and
(3) by inserting after paragraph (16) the following:
``(17) programs--
``(A) to enhance consumer access to and
understanding of energy usage and price information,
including consumers' own residential and commercial
electricity information; and
``(B) to allow for the development and adoption of
innovative products and services to assist consumers in
managing energy consumption and expenditures; and''.
(c) Voluntary Guidelines for Electric Consumer Access.--
(1) Definitions.--In this subsection:
(A) Retail electric energy information.--The term
``retail electric energy information'' means--
(i) the electric energy consumption of an
electric consumer over a defined time period;
(ii) the retail electric energy prices or
rates applied to the electricity usage for the
defined time period described in clause (i) for
the electric consumer;
(iii) the estimated cost of service by the
consumer, including (if smart meter usage
information is available) the estimated cost of
service since the last billing cycle of the
consumer; and
(iv) in the case of nonresidential electric
meters, any other electrical information that
the meter is programmed to record (such as
demand measured in kilowatts, voltage,
frequency, current, and power factor).
(B) Smart meter.--The term ``smart meter'' means
the device used by an electric utility that--
(i)(I) measures electric energy consumption
by an electric consumer at the home or facility
of the electric consumer in intervals of 1 hour
or less; and
(II) is capable of sending electric energy
usage information through a communications
network to the electric utility; or
(ii) meets the guidelines issued under
paragraph (2).
(2) Voluntary guidelines for electric consumer access.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, subject to subparagraph
(B), the Secretary shall issue voluntary guidelines
that establish model standards for implementation of
retail electric energy information access in States.
(B) Consultation.--Before issuing the voluntary
guidelines, the Secretary shall--
(i) consult with--
(I) State and local regulatory
authorities, including the National
Association of Regulatory Utility
Commissioners;
(II) other appropriate Federal
agencies, including the National
Institute of Standards and Technology;
(III) consumer and privacy advocacy
groups;
(IV) utilities;
(V) the National Association of
State Energy Officials; and
(VI) other appropriate entities,
including groups representing
commercial and residential building
owners and groups that represent demand
response and electricity data devices
and services; and
(ii) provide notice and opportunity for
comment.
(C) State and local regulatory action.--In issuing
the voluntary guidelines, the Secretary shall, to the
maximum extent practicable, be guided by actions taken
by State and local regulatory authorities to ensure
electric consumer access to retail electric energy
information, including actions taken after
consideration of the standard established under section
111(d)(17) of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 2621(d)(17)).
(D) Contents.--
(i) In general.--The voluntary guidelines
shall provide guidance on issues necessary to
carry out this subsection, including--
(I) the timeliness and specificity
of retail electric energy information;
(II) appropriate nationally
recognized open standards for data;
(III) the protection of data
security and electric consumer privacy,
including consumer consent
requirements; and
(IV) issues relating to access of
electric energy information for owners
and managers of multitenant commercial
and residential buildings.
(ii) Inclusions.--The voluntary guidelines
shall include guidance that--
(I) retail electric energy
information should be made available to
electric consumers (and third-party
designees of the electric consumers) in
the United States--
(aa) in an electronic
machine readable form, without
additional charge, in
conformity with standards
developed through a voluntary,
consensus-based,
multistakeholder process;
(bb) as timely as is
reasonably practicable;
(cc) at the level of
specificity that the data is
transmitted by the meter or as
is reasonably practicable; and
(dd) in a manner that
provides adequate protections
for the security of the
information and the privacy of
the electric consumer;
(II) in the case of an electric
consumer that is served by a smart
meter that can also communicate energy
usage information to a device or
network of an electric consumer or a
device or network of a third party
authorized by the consumer, considers
providing to the consumer or third-
party designee, at a minimum, access to
usage information (not including price
information) of the consumer directly
from the smart meter;
(III) retail electric energy
information should be provided by the
electric utility of the consumer or
such other entity as may be designated
by the applicable electric retail
regulatory authority;
(IV) retail electric energy
information of the consumer should be
made available to the consumer through
a website or other electronic access
authorized by the electric consumer,
for a period of at least 13 months
after the date on which the usage
occurred;
(V) consumer access to data,
including data provided to owners and
managers of commercial and multifamily
buildings with multiple tenants, should
not interfere with or compromise the
integrity, security, or privacy of the
operations of a utility and the
electric consumer;
(VI) electric energy information
relating to usage information generated
by devices in or on the property of the
consumer that is transmitted to the
electric utility should be made
available to the electric consumer or
the third-party agent designated by the
electric consumer; and
(VII) the same privacy and security
requirements applicable to the
contracting utility under subclause
(I)(dd) should apply to third-party
agents contracting with a utility to
process the customer data of that
utility.
(E) Revisions.--The Secretary shall periodically
review and, as necessary, revise the voluntary
guidelines to reflect changes in technology, privacy
needs, and the market for electric energy and services.
(d) Verification and Implementation.--
(1) In general.--A State may submit to the Secretary a
description of the data sharing policies of the State relating
to consumer access to electric energy information for
certification by the Secretary that the policies meet the
voluntary guidelines issued under subsection (c)(2).
(2) Assistance.--Subject to the availability of funds under
paragraph (3), the Secretary shall make Federal amounts
available to any State that has data sharing policies described
in paragraph (1) that the Secretary certifies meets the
voluntary guidelines issued under subsection (c)(2) to assist
the State in implementing section 362(d)(17) of the Energy
Policy and Conservation Act (42 U.S.C. 6322(d)(17)).
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
fiscal year 2016, to remain available until expended.
|
Access to Consumer Energy Information Act or the E-Access Act Directs the Secretary of Energy (DOE) to encourage and support the adoption of policies that allow electricity consumers access to their own electricity data. Amends the Energy Policy and Conservation Act to authorize state energy conservation plans to include programs that: (1) enhance consumer access to, and understanding of, energy usage and price information, including consumers' own residential and commercial electricity information; and (2) allow for development and adoption of innovative products and services to assist consumers in managing energy consumption and expenditures. Directs the Secretary to issue voluntary guidelines, meeting specified criteria, which establish model standards to implement retail electric energy information access in states. Authorizes states to submit to the Secretary a description of their data sharing policies regarding consumer access to electric energy information for DOE certification that they meet such voluntary guidelines. Directs the Secretary, subject to appropriations, to make federal funds available to assist any DOE-certified state to implement its energy conservation plan.
|
{"src": "billsum_train", "title": "E-Access Act"}
| 1,689 | 202 | 0.642931 | 1.68495 | 0.908973 | 3.540404 | 8.20202 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Rehabilitation Innovation
Centers Act of 2015''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In the United States, there are an estimated 1,181
inpatient rehabilitation facilities. Among these facilities is
a small group of inpatient rehabilitation institutions that are
contributing to the future of rehabilitation care medicine, as
well as to patient recovery, scientific innovation, and quality
of life.
(2) This unique category of inpatient rehabilitation
institutions treats the most complex patient conditions, such
as traumatic brain injury, stroke, spinal cord injury,
childhood disease, burns, and wartime injuries.
(3) These leading inpatient rehabilitation institutions are
all not-for-profit or Government-owned institutions and serve a
high volume of Medicare or Medicaid beneficiaries.
(4) These leading inpatient rehabilitation institutions
have been recognized by the Federal Government for their
contributions to cutting-edge research to develop solutions
that enhance quality of care, improve patient outcomes, and
reduce health care costs.
(5) These leading inpatient rehabilitation institutions
help to improve the practice and standard of rehabilitation
medicine across the Nation in urban, suburban, and rural
communities by training physicians, medical students, and other
clinicians, and providing care to patients from all 50 States.
(6) It is vital that these leading inpatient rehabilitation
institutions are supported so they can continue to lead the
Nation's efforts to--
(A) advance integrated, multidisciplinary
rehabilitation research;
(B) provide cutting-edge medical care to the most
complex rehabilitation patients;
(C) serve as education and training facilities for
the physicians, nurses, and other health professionals
who serve rehabilitation patients;
(D) ensure Medicare and Medicaid beneficiaries
receive state-of-the-art, high-quality rehabilitation
care by developing and disseminating best practices and
advancing the quality of care utilized by post-acute
providers in all 50 States; and
(E) support other inpatient rehabilitation
institutions in rural areas to help ensure access to
quality post-acute care for patients living in these
communities.
SEC. 3. INDIRECT COSTS PAYMENT FOR REHABILITATION INNOVATION CENTERS.
(a) In General.--Section 1886(j) of the Social Security Act (42
U.S.C. 1395ww(j)) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) Indirect costs payment for rehabilitation innovation
centers.--
``(A) Study relating to additional payments to
rehabilitation innovation centers to account for higher
costs; authority to increase payments.--
``(i) Study.--Not later than July 1, 2017,
the Secretary shall conduct a study to
determine whether there should be an increase
in the prospective payment rate that would
otherwise be made to a rehabilitation
innovation center under this subsection for
purposes of covering the additional costs that
are incurred by such centers in furnishing
items and services to individuals under this
title, conducting research, and providing
medical training, and if the Secretary
determines that such an increase is
recommended, the amount of such increase that
is needed to cover such additional costs.
``(ii) Authority to increase payments.--
Insofar as the Secretary determines under
clause (i) that there should be an increase in
the prospective payment rate to rehabilitation
innovation centers, the Secretary may provide
on a prospective basis for an appropriate
percentage increase in such rate.
``(B) Rehabilitation innovation center defined.--
``(i) In general.--Subject to clause (iv),
in this paragraph, the term `rehabilitation
innovation center' means a rehabilitation
facility that, determined as of the date of the
enactment of this paragraph, is described in
clause (ii) or clause (iii).
``(ii) Not-for-profit.--A rehabilitation
facility described in this clause is a facility
that--
``(I) is classified as a not-for-
profit entity under the Centers for
Medicare & Medicaid Services 2010
Provider of Services file;
``(II) holds at least one Federal
rehabilitation research and training
designation for research projects on
traumatic brain injury, spinal cord
injury, or stroke rehabilitation
research from the Rehabilitation
Research and Training Centers or the
Rehabilitation Engineering Research
Center at the National Institute on
Disability and Rehabilitation Research
at the Department of Education;
``(III) has a minimum Medicare case
mix index of 1.1144 according to the
IRF Rate Setting File for the
Correction Notice for the Inpatient
Rehabilitation Facility Prospective
Payment System for Federal Fiscal Year
2012 (78 Fed. Reg. 59256); and
``(IV) has at least 300 Medicare
discharges per year or at least 200
Medicaid discharges per year.
``(iii) Government-owned.--A rehabilitation
facility described in this clause is a facility
that--
``(I) is classified as a
Government-owned institution under the
Centers for Medicare & Medicaid
Services 2010 Provider of Services
file;
``(II) holds at least one Federal
rehabilitation research and training
designation for research projects on
traumatic brain injury, spinal cord
injury, or stroke rehabilitation
research from the Rehabilitation
Research and Training Centers, the
Rehabilitation Engineering Research
Center, or the Model Spinal Cord Injury
Systems at the National Institute on
Disability and Rehabilitation Research
at the Department of Education;
``(III) has a minimum Medicare case
mix index of 1.1144 according to the
IRF Rate Setting File for the
Correction Notice for the Inpatient
Rehabilitation Facility Prospective
Payment System for Federal Fiscal Year
2012 (78 Fed. Reg. 59256); and
``(IV) has a disproportionate share
hospital (DSH) percentage of at least
0.6300 according to the IRF Rate
Setting File for the Correction Notice
for the Inpatient Rehabilitation
Facility Prospective Payment System for
Federal Fiscal Year 2012 (78 Fed. Reg.
59256).
``(iv) Authority.--The Secretary may
consider applications from inpatient
rehabilitation facilities that are not
described in clause (ii) or (iii) as of the
date of the enactment of this paragraph but who
are subsequently so described.''.
(b) Study and Report to Congress on Access to Rehabilitation Care
in Rural Communities in States That Do Not Have a Rehabilitation
Innovation Center.--
(1) Study.--The Secretary of Health and Human Services
shall conduct a study on access by individuals (including, but
not limited to, Medicare beneficiaries) to rehabilitation care
in rural communities in States in which there is no
rehabilitation innovation center (as defined in section
1886(j)(8)(B) of the Social Security Act, as added by
subsection (a)).
(2) Report.--Not later than July 1, 2017, the Secretary of
Health and Human Services shall submit to Congress a report on
the study conducted under paragraph (1), together with
recommendations for such legislation and administrative action
as the Secretary determines appropriate.
|
Preserving Rehabilitation Innovation Centers Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to study whether there should be an increase in the prospective payment rate for inpatient rehabilitation services that would otherwise be made to a rehabilitation innovation center to cover additional costs incurred in: (1) furnishing items and services to individuals conducting research, and (2) providing medical training. Requires the study also to specify the amount of such an increase if the Secretary determines that it is recommended. Directs the Secretary also to study the access by individuals to rehabilitation care in rural communities in states where there is no rehabilitation innovation center.
|
{"src": "billsum_train", "title": "Preserving Rehabilitation Innovation Centers Act of 2015"}
| 1,482 | 144 | 0.464919 | 1.384408 | 0.644457 | 3.023077 | 11.238462 | 0.915385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Superior National Forest Land
Adjustment Act of 2008''.
SEC. 2. FINDINGS AND DEFINITIONS.
(a) Findings.--The Congress finds the following:
(1) Fragmentation of property rights on certain lands
described herein within and adjacent to the Superior National
Forest in Minnesota hampers the ability of the Forest Service
to manage associated forested areas as well as the ability of
private mineral owners to utilize their mineral rights.
(2) The United States primarily owns the surface estate in
the lands described in section 3, subject to reserved and
outstanding mineral rights, with such lands located within a
well-established mining district with a large open pit mine
lying directly to the north and a mine railroad lying directly
to the south.
(3) The public interest in selling the federally owned
property estate interests in lands described in section 3 under
the terms and conditions of this Act would appear to outweigh
the interest served by maintaining such lands under Federal
ownership subject to a final determination under this Act.
(4) The sale of some Federal surface and subsurface rights
in land under this Act will facilitate mining in the areas
described in section 3, and thereby improve the local and
national economy by providing needed mineral resources,
enhancing the property tax base, and promoting employment
opportunities through expanded job creation and will allow for
the acquisition of desirable public holdings that are located
within or adjacent to Forest Service land by the Forest
Service.
(5) Minnesota and the Army Corps of Engineers, in
cooperation with the Forest Service, are preparing an
environmental impact statement for the proposed mining
operations by PolyMet Mining, Inc., on and adjacent to the
lands authorized for conveyance by this Act, more fully
described in the notice of intent of the Department of Defense
(70 Fed. Reg. 38122 (July 1, 2005)) and a draft environmental
impact statement is expected to be released for public review
and comment in the near future.
(6) Proceeds from the sale of lands authorized by this Act
shall be used by the Forest Service to purchase desirable
private inholdings within and adjacent to the Superior National
Forest consistent with the land and resource management plan
for the Superior National Forest.
(b) Definitions.--In this Act:
(1) The term ``lands'' includes interests in lands.
(2) The term ``Secretary'' means the Secretary of
Agriculture.
(3) The term ``surface mining'' means the excavation of
lands for the purposes of obtaining minerals, including
excavation by such methods as contour, strip, auger, open pit,
and area mining.
SEC. 3. LAND CONVEYANCE AUTHORITY, SUPERIOR NATIONAL FOREST, MINNESOTA.
(a) Conveyance Authority.--
(1) After considering the public interest factors described
in paragraph (2), the Secretary of Agriculture may sell in
accordance with this Act any or all right, title, and interest
of the United States in and to the lands within the Superior
National Forest in Minnesota described in subsection (b).
(2) The sale authorized by this Act may proceed if, based
on the environmental documentation provided in accordance with
section 5(b), or other information as the Secretary may choose
to utilize, the Secretary determines that a sale will--
(A) result in better and more efficient management
and development of Federal lands and resources taking
into consideration the property interests and
reservations for mining uses and surrounding use of the
lands which are the subject of this Act;
(B) help consolidate the ownership of lands or
interests in such lands, including mineral rights and
surface ownership, thereby promoting economic
development;
(C) result in receipt to the public of
consideration equal to appraised market value as
defined herein; and
(D) allow with proceeds from any sale the purchase
of replacement lands which result in a net benefit to
the multiple use resources of the Superior National
Forest.
(3) This subsection prescribes the sole public interest
determination required for any sale.
(b) Lands Authorized for Conveyance.--
(1) Lands described.--The federally owned lands subject to
sale under this Act are certain lands located in St. Louis
County, Minnesota, comprising approximately 6,700 acres, more
fully described as follows:
(A) Township 59 North, Range 13 West, 4th Principal
Meridian:
(i) Sections 1 through 9, inclusive.
(ii) Sections 10, 11, 17, and 18, those
portions lying north of and subject to the
right-of-way held by the Erie Railroad.
(iii) The N\1/2\ of section 12.
(B) Township 59 North, Range 12 West, 4th Principal
Meridian:
(i) Section 6: Lots 3, 4, and 9, inclusive.
(ii) Section 7: Lots 3 and 4, inclusive.
(C) Township 60 North, Range 13 West, 4th Principal
Meridian:
(i) The S\1/2\SE\1/4\ of section 33.
(ii) The S\1/2\S\1/2\ of section 34.
(iii) The S\1/2\S\1/2\ of section 35.
(2) Map.--The lands described in paragraph (1) are
generally depicted on a Forest Service map dated October 4,
2007, and entitled ``PolyMet (Proponent) Case #4544'', which
shall be on file and available for public inspection in the
office of the Forest Supervisor, Superior National Forest,
until such time as the lands are conveyed.
(3) Modification of boundaries.--The Secretary may modify
the boundaries of the lands described in paragraph (1) based on
factors such as buffers and other land management
considerations.
(c) Form of Conveyance.--The lands sold under this Act shall be
conveyed by quitclaim deed executed by the Forest Service, Eastern
Region, Director of Air, Soil, Water, Lands, and Minerals. The
Secretary may reserve such rights-of-way or other rights or interests
in the lands as the Secretary considers necessary for future public
land management purposes or is otherwise in the public interest.
(d) Valuation.--Any appraisal of the lands to be sold under this
Act shall conform to the Uniform Appraisal Standards for Federal Land
Acquisitions, and the appraisal shall be subject to the approval of the
Secretary. For purposes of appraisal, it shall be assumed that the
lands authorized for conveyance under this Act are subject to the right
of the United States, as surface owner to allow or deny all forms of
surface mining.
(e) Consideration.--Consideration for a sale of lands under this
Act shall be in an amount not less than the appraised market value as
determined in accordance with subsection (d).
(f) Method of Sale.--The Secretary may sell lands described in
subsection (b) at public or private sale, including competitive sale by
auction, bid, or otherwise, in accordance with such terms, conditions,
and procedures as the Secretary determines are in the best interests of
the United States, subject to the following:
(1) The Secretary shall first offer the sale of such lands
for consideration at the appraised market value to Poly Met
Mining, Inc., a Minnesota corporation, which shall have 90 days
from the date of the offer during which to contract for the
purchase of such lands.
(2) During the 90-day period referred to in paragraph (1),
the Secretary shall not offer to sell such lands to any party
other than Poly Met Mining, Inc.
(3) In the offer under paragraph (1), the Secretary shall
require Poly Met Mining, Inc., to cover the costs of survey,
appraisal, and other expenditures directly associated with the
proposed sale.
(4) The Secretary may reject any counteroffer made by Poly
Met Mining, Inc., in response to the offer of the Secretary
under paragraph (1) if the Secretary determines that the
counteroffer is less than fair market value or is not in the
public interest.
(g) Brokers.--The Secretary may utilize brokers or other third
parties in the disposition of the lands authorized by this Act and,
from the proceeds of a sale, may pay reasonable commissions or fees.
SEC. 4. TREATMENT OF PROCEEDS.
(a) Deposit.--The Secretary shall deposit the proceeds of a sale
authorized by this Act in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(b) Availability.--Monies deposited under subsection (a) shall be
available to the Secretary until expended, without further
appropriation, only for the acquisition of lands within and adjacent to
the Superior National Forest. Monies deposited into the fund described
in subsection (a) shall not be subject to transfer or reprogramming for
wildland fire management or any other emergency purpose.
(c) Priority Land Acquisitions.--In utilizing funds derived from
any sale of lands or interests authorized by this Act, in acquiring
lands the Secretary shall give priority to--
(1) privately owned inholdings within the Boundary Waters
Canoe Area Wilderness;
(2) lands having important recreational, scenic, or natural
values; or
(3) eliminating nonconforming uses of land within the
Superior National Forest when such uses are or may be
reasonably expected to have detrimental impact on the area's
recreational, scenic, or natural values.
SEC. 5. MISCELLANEOUS PROVISIONS.
(a) Wetlands Offset.--For purposes of compliance with Executive
Order 11990 (42 Fed. Reg. 26961 (May 24, 1977)) and Executive Order
11988 (42 Fed. Reg. 26951 (May 24, 1977)), the Secretary shall, within
7 years after the date of final conveyance of lands or interests under
this Act, ensure that the total functional value of the wetlands
acquired pursuant to section 4 is equal to or exceeds the functional
value of the wetlands sold under this Act.
(b) Environmental Analysis Requirement.--
(1) For conveyances authorized by this Act, the Secretary
shall assume that the future use of the lands so conveyed will
be for surface mining.
(2) For conveyances authorized by this Act--
(A) the Secretary shall be a cooperating agency on
the environmental impact statement described in section
2(a)(5); and
(B) the final environmental impact statement
described in section 2(a)(5) shall disclose and
document the material environmental effects, if any,
from the anticipated sale of the land and property
interests under this Act, to the extent required under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and regulations promulgated
thereunder.
(3) In complying with the requirements of this subsection,
the Corps of Engineers, the State of Minnesota, and the Forest
Service shall not be required to repeat notice or comment
procedures, including scoping, already accomplished as of the
effective date of this Act with respect to the preparation of
the environmental impact statement described in section
2(a)(5), or republish a revised draft environmental impact
statement to the extent one is published prior to the effective
date of this Act.
(4) For purposes of implementing this Act, the Forest
Service shall only be required to utilize the final
environmental impact statement described in section 2(a)(5),
including the information required under paragraph (2) and
shall not be required to do additional analysis or data
gathering.
(5) The closing of any land sale authorized under this Act
shall not occur before the date on which notice of the final
environmental impact statement described in section 2(a)(5) is
published in the Federal Register.
(c) Deadline for Sale of Lands.--To the extent practicable, the
sale of lands authorized by this Act shall be completed within 180 days
after the date described in subsection (b)(5).
|
Superior National Forest Land Adjustment Act of 2008 - Authorizes the Secretary of Agriculture, after consideration of specified public interest factors, to sell certain lands in Superior National Forest in Minnesota. Requires: (1) consideration for a sale of lands to be not less than the appraised market value of those lands; and (2) the first offer for the sale of the lands under this Act to be made to Poly Met Mining, Inc.
|
{"src": "billsum_train", "title": "A bill to authorize the sale of certain National Forest System lands in the Superior National Forest in Minnesota."}
| 2,546 | 94 | 0.570504 | 1.5617 | 0.595078 | 2.987952 | 29.072289 | 0.963855 |
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