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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Angels Nurture Growing Entrepreneurs
into Long-term Successes (ANGELS) Act''.
SEC. 2. ESTABLISHMENT OF ANGEL INVESTMENT PROGRAM.
(a) Establishment.--Title III of the Small Business Investment Act
of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end the
following new part:
``PART C--ANGEL INVESTMENT PROGRAM
``SEC. 380. OFFICE OF ANGEL INVESTMENT.
``(a) Establishment.--There is established, in the Investment
Division of the Small Business Administration, the Office of Angel
Investment.
``(b) Director.--The head of the Office of Angel Investment is the
Director of Angel Investment.
``(c) Duties.--Subject to the direction of the Secretary, the
Director shall perform the following functions:
``(1) Provide support for the development of angel
investment opportunities for small business concerns.
``(2) Administer the Angel Finance Program under section
381 of this Act.
``(3) Administer the Federal Angel Network under section
382 of this Act.
``(4) Administer the grant program for the development of
angel groups under section 383 of this Act.
``(5) Perform such other duties consistent with this
section as the Administrator shall prescribe.
``SEC. 381. ANGEL FINANCE PROGRAM.
``(a) In General.--The Director of Angel Investment shall establish
and carry out a program, to be known as the Angel Finance Program, to
provide financing to approved angel groups.
``(b) Eligibility.--To be eligible to receive financing under this
section, an angel group shall--
``(1) have demonstrated experience making investments in
local or regional small business concerns;
``(2) have established protocols and a due diligence
process for determining its investment strategy;
``(3) have an established code of ethics; and
``(4) submit an application to the Director of Angel
Investment at such time and containing such information and
assurances as the Director may require.
``(c) Use of Funds.--An angel group that receives financing under
this section shall use the amounts received to make investments in
small business concerns--
``(1) that have been in existence for less than 5 years as
of the date on which the investment is made;
``(2) that have fewer than 75 employees as of the date on
which the investment is made; and
``(3) more than 50 percent of the employees of which
perform substantially all of their services in the United
States as of the date on which the investment is made.
``(d) Limitation on Amount.--No angel group receiving financing
under this section shall receive more than $2,000,000.
``(e) Priority in Providing Financing.--In providing financing
under this section, the Director shall give priority to angel groups
that invest in small business concerns owned and controlled by
veterans, small business concerns owned and controlled by women, and
socially and economically disadvantaged small business concerns.
``(f) Geographic Distribution of Financing.--In providing financing
under this section, the Director shall, to the extent practicable,
provide financing to angel groups that are located in a variety of
geographic areas.
``(g) Matching Requirement.--As a condition of receiving financing
under this section, the Director shall require that for each small
business concern in which the angel group receiving such financing
invests, the angel group shall invest an amount that is equal to or
greater than the amount of financing received under this section from a
source other than the Federal Government that is equal to the amount of
the financing provided under this section that the angel group invests
in that small business concern.
``(h) Repayment of Financing.--As a condition of receiving
financing under this section, the Director shall require an angel group
to repay the Director for any investment on which the angel group makes
a profit an amount equal to the percentage of the profit that is equal
to the percentage of the total amount invested by the angel group that
consisted of financing received under this section.
``(i) Angel Investment Fund.--
``(1) Establishment.--There is in the Treasury a fund to be
known as the Angel Investment Fund.
``(2) Deposit of certain amounts.--Amounts collected under
subsection (h) shall be deposited in the fund.
``(3) Use of deposits.--Deposits in the fund shall be
available for the purpose of providing financing under this
section in the amounts specified in annual appropriation laws
without regard to fiscal year limitations.
``(j) Definitions.--In this section:
``(1) The term `small business concern owned and controlled
by veterans' has the meaning given that term under section
3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)).
``(2) The term `small business concern owned and controlled
by women' has the meaning given that term under section
8(d)(3)(D) of such Act (15 U.S.C. 637(d)(3)(D)).
``(3) The term `socially and economically disadvantaged
small business concern' has the meaning given that term under
section 8(a)(4)(A) of such Act (15 U.S.C. 637(a)(4)(A)).
``(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $25,000,000 for fiscal year 2007;
``(2) $50,000,000 for fiscal year 2008; and
``(3) $75,000,000 for fiscal year 2009.
``SEC. 382. FEDERAL ANGEL NETWORK.
``(a) In General.--Subject to the succeeding provisions of this
subsection, the Director of the Office of Angel Investment shall
establish and maintain a searchable database, to be known as the
Federal Angel Network, to assist small business concerns in identifying
angel investors.
``(b) Network Contents.--The Federal Angel Network shall include--
``(1) a list of the names and addresses of angel groups and
angel investors;
``(2) information about the types of investments each angel
group or angel investor has made; and
``(3) information about other public and private resources
and registries that provide information about angel groups or
angel investors.
``(c) Collection of Information.--
``(1) In general.--The Director shall collect the
information to be contained in the Federal Angel Network and
shall ensure that such information is updated regularly.
``(2) Request for exclusion of information.--The Director
shall not include such information concerning an angel investor
if that investor contacts the Director to request that such
information be excluded from the Network.
``(d) Availability.--The Director shall make the Federal Angel
Network available on the Internet website of the Administration.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000, to remain available
until expended.
``SEC. 383. GRANT PROGRAM FOR DEVELOPMENT OF ANGEL GROUPS.
``(a) In General.--The Director of the Office of Angel Investment
shall establish and carry out a grant program to make grants to
eligible entities for the development of new or existing angel groups
and to increase awareness and education about angel investing.
``(b) Eligible Entities.--In this section, the term `eligible
entity' means--
``(1) a State or unit of local government;
``(2) a nonprofit organization;
``(3) a state mutual benefit corporation;
``(4) a Small Business Development Center established
pursuant to section 21 of the Small Business Act (15 U.S.C.
648); or
``(5) a women's business center established pursuant to
section 29 of the Small Business Act (15 U.S.C. 656).
``(c) Application.--To receive a grant under this section, an
eligible entity shall submit an application that contains--
``(1) a proposal describing how the grant would be used;
and
``(2) any other information or assurances as the Director
may require.
``(d) Report.--Not later than 3 years after the date on which an
eligible entity receives a grant under this section, such eligible
entity shall submit a report to the Administrator describing the use of
grant funds and evaluating the success of the angel group developed
using the grant funds.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000, for each of fiscal
years 2007 through 2009.
``SEC. 384. DEFINITIONS.
``In this part:
``(a) The term `angel group' means two or more angel investors
organized for the purpose of making investments in local or regional
small business concerns that--
``(1) consists primarily of angel investors;
``(2) requires angel investors to be accredited investors;
and
``(3) actively involves the angel investors in evaluating
and making decisions about making investments.
``(b) The term `angel investor' means an individual who--
``(1) on the basis of such factors as financial
sophistication, income, net worth, knowledge, and experience in
financial matters, or amount of assets under management,
qualifies as an accredited investor under rules and regulations
prescribed by the Commissioner of the Securities and Exchange
Commission; and
``(2) provides capital to or makes investments in a small
business concern.''.
SEC. 3. TAX CREDIT FOR SMALL BUSINESS INVESTMENT.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. SMALL BUSINESS INVESTMENT.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter an amount
equal to 20 percent of the amount paid or incurred for qualified small
business investments during the taxable year.
``(b) Limitation.--With respect to any qualified small business
investment in any corporation or partnership, the amount paid or
incurred by any taxpayer which is taken into account under subsection
(a) shall not exceed $250,000 ($500,000 in the case of a joint return),
reduced by the amount taken into account under such subsection with
respect to investments by the taxpayer in such corporation or
partnership for all prior taxable years.
``(c) Qualified Small Business Investment.--For purposes of this
section--
``(1) In general.--The term `qualified small business
investment' means any small business stock and any small
business partnership interest.
``(2) Small business stock.--The term `small business
stock' means any stock in a domestic corporation acquired by
the taxpayer at its original issue (directly or through an
underwriter) solely in exchange for cash, if--
``(A) such corporation is an eligible small
business (as defined in section 41(b)(3)(D)(ii)),
``(B) such corporation is engaged primarily in the
trade or business of manufacturing, processing,
assembling, or researching and developing products or
in the trade or business of agriculture, technology, or
life science,
``(C) such corporation has been in existence for
less than 5 years as of such acquisition,
``(D) such corporation has fewer than 75 employees
as of such acquisition,
``(E) more than 50 percent of the corporation's
employees perform substantially all of their services
in the United States as of such acquisition, and
``(F) such stock is designated by the corporation
for purposes of this paragraph.
For purposes of subparagraph (E), stock shall not be treated as
designated if such designation would result in the aggregate
amount which may be taken into account under this section with
respect to stock issued by such corporation to exceed $750,000,
taking into account all taxpayers for all taxable years.
``(3) Small business partnership interest.--The term `small
business partnership interest' means any capital or profits
interest in a domestic partnership acquired by the taxpayer
from the partnership solely in exchange for cash, if--
``(A) such partnership is an eligible small
business (as defined in section 41(b)(3)(D)(ii)),
``(B) such partnership is engaged primarily in the
trade or business of manufacturing, processing,
assembling, or researching and developing products or
in the trade or business of agriculture, technology, or
life science,
``(C) such partnership has been in existence for
less than 5 years as of such acquisition,
``(D) such partnership has fewer than 75 employees
as of such acquisition,
``(E) more than 50 percent of the partnership's
employees perform substantially all of their services
in the United States as of such acquisition, and
``(F) such capital or profits interest is
designated by partnership for purposes of this
paragraph.
For purposes of subparagraph (E), a capital or profits interest
shall not be treated as designated if such designation would
result in the aggregate amount which may be taken into account
under this section with respect to interests in such
partnership to exceed $750,000, taking into account all
taxpayers for all taxable years.
``(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under this
section. Such excess shall not be taken into account under this
subsection for such succeeding taxable year or any taxable year
succeeding such year.''.
(b) Clerical Amendment.--The table of sections of such subpart is
amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Small business investment.''.
(c) Report to Congress.--The Secretary of the Treasury shall
conduct a study and report to Congress on the effectiveness of the
credit allowed under section 25E of the Internal Revenue Code of 1986
(as added by this section), and similar State tax credits, in providing
incentives for investment in qualified small businesses. There are
authorized to be appropriated $500,000 to carry out the purposes of
this subsection.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
|
Angels Nurture Growing Entrepreneurs into Long-Term Successes (ANGELS) Act - Amends the Small Business Investment Act of 1958 to establish within the Investment Division of the Small Business Administration (SBA) the Office of Angel Investment, headed by a Director, to provide support for the development of angel investment opportunities for small businesses.
Requires the Director to: (1) establish and carry out a program, to be known as the Angel Finance Program, to provide financing to approved angel groups; (2) establish and maintain a searchable database, to be known as the Federal Angel Network, to assist small businesses in identifying angel investors; and (3) establish and carry out a program to make grants for the development of new or existing angel groups and to increase awareness and education about angel investing.
Amends the Internal Revenue Code to provide a small business investment tax credit of 20 percent of the amount paid or incurred for qualified small business investment.
|
{"src": "billsum_train", "title": "To amend the Small Business Investment Act of 1958 to establish the Angel Investment Program."}
| 3,237 | 200 | 0.671062 | 1.787824 | 0.841423 | 6.043716 | 16.519126 | 0.972678 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Uniformity for Food Act of
1998''.
SEC. 2. NATIONAL UNIFORMITY FOR FOOD.
(a) National Uniformity.--Section 403A(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343-1(a)) is amended--
(1) by striking ``or'' at the end of paragraph (4);
(2) in paragraph (5), by striking the period and inserting
a comma; and
(3) by adding at the end the following:
``(6) any requirement for the labeling of food described in
section 403(j), or 403(s), that is not identical to the
requirement of such section, or
``(7) any requirement for a food described in section
402(a)(1), 402(a)(2), 402(a)(6), 402(a)(7), 402(c), 402(f),
402(g), 404, 406, 408, 409, 512, or 721(a), that is not
identical to the requirement of such section.''.
(b) Uniformity in Food Safety Warning Notification Requirements.--
Chapter IV of such Act (21 U.S.C. 341 et seq.) is amended--
(1) by redesignating sections 403B and 403C as sections
403C and 403D, respectively; and
(2) by inserting after section 403A the following new
section:
``SEC. 403B. UNIFORMITY IN FOOD SAFETY WARNING NOTIFICATION
REQUIREMENTS.
``(a) Uniformity Requirement.--
``(1) In general.--Except as provided in subsections (b)
and (c), no State or political subdivision of a State may,
directly or indirectly, establish or continue in effect under
any authority any notification requirement for a food that
provides for a warning concerning the safety of the food, or
any component or package of the food, unless such a
notification requirement has been prescribed under the
authority of this Act and the State or political subdivision
notification requirement is identical to the notification
requirement prescribed under the authority of this Act.
``(2) Definitions.--For purposes of paragraph (1)--
``(A) the term `notification requirement' includes
any mandatory disclosure requirement relating to the
dissemination of information about a food in any
manner, such as through a label, labeling, poster,
public notice, advertising, or any other means of
communication; and
``(B) the term `warning', used with respect to a
food, means any statement, vignette, or other
representation that indicates, directly or by
implication, that the food presents or may present a
hazard to health or safety.
``(b) Exemptions and National Standards.--
``(1) Exemptions.--Any State may petition the Secretary to
provide by regulation, after providing notice and an
opportunity for written and oral presentation of views, an
exemption from subsection (a) for a requirement of the State or
a political subdivision of the State. The Secretary may provide
such an exemption, under such conditions as the Secretary may
impose, for such a requirement that--
``(A) protects an important public interest that
would otherwise be unprotected, in the absence of the
exemption;
``(B) would not cause any food to be in violation
of any applicable requirement or prohibition under
Federal law; and
``(C) would not unduly burden interstate commerce,
balancing the importance of the public interest of the
State or political subdivision against the impact on
interstate commerce.
``(2) National standards.--Any State may petition the
Secretary to establish by regulation, after providing notice
and an opportunity for written and oral presentation of views,
a national standard respecting any requirement under this Act
or the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.)
relating to the regulation of a food.
``(3) Action on petitions.--
``(A) Publication.--Not later than 30 days after
receipt of any petition under paragraph (1) or (2), the
Secretary shall publish such petition in the Federal
Register for public comment during a period specified
by the Secretary.
``(B) Time periods for action.--Not later than 60
days after the end of the period for public comment,
the Secretary shall take action on the petition. If the
Secretary is unable to take action on the petition
during the 60-day period, the Secretary shall inform
the petitioner, in writing, the reasons that taking the
action is not possible, the date by which the action
will be taken, and the action that will be taken or is
likely to be taken. In every case, the Secretary shall
take action on the petition not later than 120 days
after the end of the period for public comment.
``(4) Judicial review.--The failure of the Secretary to
comply with any requirement of this subsection shall constitute
final agency action for purposes of judicial review. If the
court conducting the review determines that the Secretary has
failed to comply with the requirement, the court shall order
the Secretary to comply within a period determined to be
appropriate by the court.
``(c) Imminent Hazard Authority.--
``(1) In general.--A State may establish a requirement that
would otherwise violate section 403A or subsection (a) if--
``(A) the requirement is needed to address an
imminent hazard to health that is likely to result in
serious adverse health consequences or death;
``(B) the State has instituted enforcement action
with respect to the matter involved in compliance with
State law;
``(C) the State has informed the Secretary about
the matter and the Secretary has not initiated
enforcement action with respect to the matter; and
``(D) a petition is submitted by the State under
subsection (b) for an exemption or national standard
relating to the requirement not later than the date
that the State establishes the requirement under this
subsection.
``(2) Action on petition.--
``(A) In general.--The Secretary shall take action
on any petition submitted under paragraph (1)(D) not
later than 7 days after the petition is received.
``(B) Judicial review.--The failure of the
Secretary to comply with the requirement described in
subparagraph (A) shall constitute final agency action
for purposes of judicial review. If the court
conducting the review determines that the Secretary has
failed to comply with the requirement, the court shall
order the Secretary to comply within a period
determined to be appropriate by the court.
``(d) Affect on Product Liability Law.--Nothing in this section
shall be construed to modify or otherwise affect the product liability
law of any State.
``(e) No Affect on Identical Law.--Nothing in this section or
section 403A relating to a food shall be construed to prevent a State
or political subdivision of a State from establishing, enforcing, or
continuing in effect a requirement that is identical to a requirement
of this Act.
``(f) No Affect on Certain State Law.--Nothing in this section or
section 403A relating to a food shall be construed to prevent a State
or political subdivision of a State from establishing, enforcing, or
continuing in effect a requirement relating to freshness dating, open
date labeling, grade labeling, a State inspection stamp, religious
dietary labeling, organic or natural designation, returnable bottle
labeling, unit pricing, or a statement of origin.''.
|
National Uniformity for Food Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect as to any food in interstate commerce any requirement for food labeling or food that is not identical to specified FDCA provisions.
Prohibits any State or political subdivision from establishing or continuing in effect any notification requirement for a food that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows a State to petition for an exemption and for a national standard regarding any requirement under the FDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this paragraph if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met.
|
{"src": "billsum_train", "title": "National Uniformity for Food Act of 1998"}
| 1,707 | 214 | 0.559309 | 1.505046 | 1.084487 | 3.320225 | 8.617978 | 0.882022 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alabama-Coushatta Tribe of Texas
Equal and Fair Opportunity Settlement Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.
Congress finds and declares that:
(a) Findings and Declarations.--
(1) It is the policy of the United States to promote tribal
self-determination and economic self-sufficiency and to support
the resolution of disputes over historical claims.
(2) Sam Houston, as a leader in the Texas Revolution and
the President of the Republic of Texas, established friendly
relations with the tribes, expressed his personal appreciation
for the assistance of the tribes during the fight for Texas
independence, and endeavored to protect their lands and rights.
(3) The United States, pursuant to Federal law and in
accordance with several Federal court decisions, has affirmed
the rights of tribes, including the Alabama-Coushatta Tribe of
Texas (``Alabama-Coushatta Tribe''), to free and undisturbed
use and occupancy of its aboriginal lands, including the right
to compensation when those rights are violated.
(4) The Alabama-Coushatta Tribe holds aboriginal title to
land in southeastern Texas that has been subject to illegal
trespass and use, depriving the Alabama-Coushatta Tribe of
critical economic development opportunities, including valuable
timber production and oil and gas leasing.
(5) In June 2000, the United States Court of Federal Claims
ruled that the Alabama-Coushatta Tribe retained aboriginal
title to 5.5 million acres of land in southeastern Texas. In
its decision, the Court also ruled that the United States is
responsible for the Tribe's loss of use of more than 2.85
million acres.
(6) In October 2002, the United States Court of Federal
Claims adopted the sum of Two Hundred Seventy Million Six
Hundred Thousand Dollars ($270,600,000) as the jointly
stipulated amount of economic damages to be recovered by the
Alabama-Coushatta Tribe from the United States.
(7) There is pending before the United States District
Court for the Eastern District of Texas a lawsuit by the
Alabama-Coushatta Tribe, seeking declaratory and injunctive
relief based on the United States failure to discharge its
fiduciary duty to the Tribe.
(8) Despite the Alabama-Coushatta Tribe's strongly held
beliefs about the rights it possesses regarding its aboriginal
lands, the Tribe has decided to forego, relinquish, waive, and
otherwise disclaim any such rights, on the condition that
Congress authorize a restoration of its Federal status, as
hereinafter described.
(9) The Congress shares with the State of Texas and the
parties to this litigation a desire to empower the Alabama-
Coushatta Tribe to govern its own economic future and
appreciates the Tribe's willingness to forego its aboriginal
rights in exchange for improved economic self-sufficiency.
(10) This legislation represents a good faith effort on the
part of Congress to provide the Alabama-Coushatta Tribe with an
economic development opportunity under the same terms and
conditions as other federally recognized Indian tribes, in
exchange for the Tribe's agreement to relinquish its rights as
described above.
(11) In the absence of Congressional action, these land
claims and related claims will be pursued through the courts, a
process which in all likelihood will consume many years and
thereby promote hostility and uncertainty in the State of
Texas, to the ultimate detriment of the Alabama-Coushatta
Tribe, its members, and all other citizens of the State of
Texas.
(b) Purposes.--
It is the purpose of this subchapter--
(1) to recognize the Alabama-Coushatta Tribe's loss of its
aboriginal lands and the resulting loss of any economically
productive use of those lands for decades;
(2) to restore an economic development opportunity to the
Alabama-Coushatta Tribe on terms that are equal and fair;
(3) to resolve questions about the rights and obligations
of those landowners in Texas that hold title subject to the
Tribe's aboriginal title; and
(4) to insulate the Federal Government and taxpayers from
potentially greater and ongoing liability from these claims.
SEC. 3. RESTORATION ACT AMENDMENT.
For the purpose of restoring an economic development opportunity on
terms that are equal and fair, Section 207 of the Alabama-Coushatta
Tribes of Texas Restoration Act, Public Law 100-89 (25 U.S.C. 737) is
hereby deleted.
SEC. 4. JUDGMENT AND DISMISSAL OF LITIGATION.
Not later than six months after the date of enactment, the United
States and the Alabama-Coushatta Tribe of Texas shall execute and file
with the United States District Court for the Eastern District of Texas
in the pending litigation a motion for entry of final judgment in
accordance with the terms of this subchapter.
SEC. 5. APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT OF CLAIMS AND
ABORIGINAL TITLE.
(a) Approval and Ratification of Prior Transfers.--
Any invalid transfer before the date of the introduction of
this legislation of land or natural resources located within
the State of Texas, including but not limited to transfers
pursuant to a statute or treaty of, or with, any State or the
United States, from, by, or on behalf of the Alabama-Coushatta
Tribe of Texas, or any predecessor in interest or any of its
members, shall be deemed to have been made in compliance with
the Constitution and all laws of the United States. Congress
hereby does approve and ratify any such invalid transfer
effective as of the date of said transfer.
(b) Extinguishment of Aboriginal Title.--
By virtue of the approval and ratification of a transfer of
land or natural resources effected by subsection (a) of this
section, any aboriginal title held by the Alabama-Coushatta
Tribe of Texas, or any predecessor in interest or any of its
members, to any land or natural resources the transfer of which
was approved and ratified by subsection (a) of this section
shall be regarded as extinguished as of the date of such
transfer.
(c) Extinguishment of Claims.--
By virtue of the approval and ratification of a transfer of
land or natural resources effected by this section, or the
extinguishment of aboriginal title effected hereby, any claim
(including any claim for damages for trespass or for use and
occupancy) by, or on behalf of, the Alabama-Coushatta Tribe of
Texas, or any predecessor in interest or any of its members,
against the United States or the State of Texas which is based
on--
(1) any interest in or right involving any land or natural
resources the transfer of which was approved and ratified by
subsection (a) of this section, or
(2) any aboriginal title to land or natural resources the
extinguishment of which was effected by subsection (b) of this
section,
shall be regarded as extinguished as of the date of any such transfer.
(d) Savings Provisions.--
(1) Nothing in this section shall be construed to affect or
eliminate the personal claim of an individual Indian (except
for a Federal common law fraud claim) which is pursued under
any law of general applicability that protects non-Indians as
well as Indians.
(2) Nothing in this subchapter is intended to alter the
status of lands held in trust by the United States on behalf of
the Alabama-Coushatta Tribe of Texas.
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Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act - Amends the Alabama-Coushatta Tribes of Texas Restoration Act to delete a provision prohibiting the Alabama-Coushatta Tribe of Texas from conducting gaming activities on its lands if those gaming activities are prohibited by Texas. Approves and ratifies any prior invalid transfer of land or natural resources within Texas from, by, or on behalf of the Tribe or any predecessor in interest or any of its members. Extinguishes any aboriginal title held by the Tribe, or any predecessor in interest or any of its members, to the land or natural resources the transfer of which is approved and ratified by this Act. Extinguishes any claim by or on behalf of the Tribe, or any predecessor in interest or any of its members, against Texas or the United States regarding the transferred or aboriginal lands or natural resources. Requires the United States and the Tribe to execute and file with the U.S. District Court for the Eastern District of Texas a motion for entry of final judgment in accordance with the terms of this Act of pending litigation regarding the government's failure to discharge its fiduciary duty to the Tribe.
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{"src": "billsum_train", "title": "Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act"}
| 1,694 | 272 | 0.556233 | 1.818114 | 0.653308 | 5.009259 | 6.925926 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom's Way National Heritage Area
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the cultural and natural legacies of the region
encompassing 34 communities in Massachusetts and 6 communities
in New Hampshire have made important and distinctive
contributions to the national character of America;
(2) these legacies were the foundation of communities in
this region, and by according appropriate recognition and
protection these legacies can help sustain the quality of life
in the future;
(3) particularly significant legacies are--
(A) the early settlement of the United States and
the early evolution of democratic forms of government;
(B) the development of intellectual traditions of
the philosophies of freedom, democracy, and
conservation;
(C) the evolution of social ideas and religious
freedom;
(D) the role of immigrants and industry in
contributing to ethnic diversity;
(E) Native American and African American resources;
and
(F) the role of innovation and invention in the
cottage industries;
(4) the communities in this region know the value of their
legacy, but need a cooperative framework and technical
assistance to achieve important goals by working together;
(5) the National Park Service is responsible for advocating
the protection and interpretation of the Nation's cultural and
historic resources;
(6) within this distinctive area of New Hampshire and
Massachusetts there is a Federal interest to support the
development of a regional framework to assist the Commonwealth
of Massachusetts and the State of New Hampshire, other local
organizations and governments, and private citizens to
conserve, protect, and bring recognition to this heritage for
the educational and recreation benefit of this and future
generations of Americans;
(7) significant examples of such resources include--
(A) Walden Pond State Reservation;
(B) Minute Man National Historical Park;
(C) Shaker Villages in Shirley and Harvard;
(D) Wachusett Mountain State Reservation, Fitchburg
Art Museum, and Barrett House in New Ipswich; and
(E) Beaver Brook Farms and Lost City of Monson in
Hollis;
(8) the Freedom's Way Heritage Association, Inc., would be
an appropriate entity to oversee the development of the
Freedom's Way National Heritage Area; and
(9) the study entitled ``Freedom's Way Heritage Area
Feasibility Study'', prepared by the Freedom's Way Heritage
Association, Inc., and the Massachusetts Department of
Environmental Management, demonstrates the sufficient
assemblage of nationally distinctive historical resources
necessary to establish the Freedom's Way National Heritage
Area.
(b) Purposes.--The purposes of this Act are--
(1) to foster a close working relationship with all levels
of government, the private sector, and the local communities in
Massachusetts and New Hampshire;
(2) to empower communities and organizations in these 2
States to preserve the special historic identity of the region
and with it the identity of the Nation; and
(3) to provide for the management, preservation,
protection, and interpretation of the natural, historical, and
cultural resources of the region for the educational and
inspirational benefit of future generations.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) Association.--The term ``Association'' means the
Freedom's Way Heritage Association, Inc.
(2) Heritage area.--The term ``Heritage Area'' means the
Freedom's Way National Heritage Area established by section 4.
(3) Plan.--The term ``Plan'' means the Cultural Heritage
and Management Plan required by section 6.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. FREEDOM'S WAY NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the Commonwealth of
Massachusetts and in the State of New Hampshire the Freedom's Way
National Heritage Area.
(b) Boundaries.--Except as otherwise provided in section 6, the
boundaries of the Heritage Area shall include all of those lands
depicted on a map entitled ``Freedom's Way National Heritage Area'',
numbered ____ and dated ____. The map shall be on file in the
appropriate offices of the National Park Service. The Secretary shall
publish in the Federal Register, as soon as practical after the date of
the enactment of this Act, a detailed description and map of the
boundaries established under this subsection. Boundaries may be revised
if proposed in the Plan, approved by the Secretary as provided in
section 8(b), and placed on file in accordance with this subsection.
SEC. 5. ADMINISTRATION AND MANAGEMENT.
(a) Administration.--The Heritage Area shall be administered in
accordance with the provisions of this Act.
(b) Management Entity.--The management entity of the Heritage Area
shall be the Freedom's Way Heritage Association, Inc.
SEC. 6. MANAGEMENT PLAN.
(a) Plan Requirements.--The Association shall prepare and submit
for review and approval by the Secretary, a Cultural Heritage and
Management Plan for the Heritage Area that presents comprehensive
recommendations and strategies for the conservation, funding,
management, and development of the Heritage Area. The Plan shall--
(1) take into consideration current Federal, State, county,
and local plans and involve residents, public agencies, and
private organizations in the Heritage Area, but shall
coordinate those plans and present a unified historic
preservation and interpretation plan;
(2) include a description of actions that units of
government and private organizations are recommended to take to
protect the resources of the Heritage Area; and
(3) identify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area, and include--
(A) an inventory which includes any property in the
Heritage Area that should be conserved, restored,
managed, developed, or maintained because of the
natural, cultural, recreational or historic
significance to the themes of the Heritage Area;
(B) a recommendation of policies for resource
management and protection that consider and detail the
application of appropriate land and water management
techniques, including the development of
intergovernmental cooperative agreements to manage and
protect the historical, cultural, and natural resources
and recreation opportunities of the Heritage Area in a
manner consistent with supporting compatible economic
revitalization efforts;
(C) a program of strategies and actions to
implement the Plan, including identification of the
roles of agencies and organizations which are party to
the implementation of the Plan, identification of
specific restoration and construction plans or goals,
and identification of a program of public involvement,
annual work plans and reports, and the role of the
Association;
(D) an analysis of ways in which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act;
(E) an interpretive and educational plan for the
Heritage Area;
(F) any revisions proposed by the Association to
the boundaries of the Heritage Area and requested by
the affected local government; and
(G) a process to provide public access to the
Association for the purpose of attempting to informally
resolve any disputes arising from the Plan.
(b) Approval of Plan.--The Secretary shall approve or disapprove
the Plan in accordance with section 8(b).
SEC. 7. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE ASSOCIATION.
(a) Authorities.--The Association may, for purposes of preparing
and implementing the Plan, use Federal funds made available through
this Act--
(1) to make grants to the Commonwealth of Massachusetts,
its political subdivisions, or both, the State of New
Hampshire, its political subdivisions, or both, nonprofit
organizations, and other persons;
(2) to enter into cooperative agreements with or provide
technical assistance to the Commonwealth of Massachusetts, its
political subdivisions, or both, the State of New Hampshire,
its political subdivisions, or both, nonprofit organizations,
and other organizations;
(3) to hire and compensate staff;
(4) to obtain money from any source and to participate in
any program or law requiring the recipient of such money to
make a contribution in order to receive such money; and
(5) to contract for goods and services.
(b) Prohibition of Acquisition of Real Property.--The Association
may not use Federal funds received under this Act to acquire real
property or any interest in real property. Nothing in this Act shall
preclude the Association from acquiring real property or any interest
in real property using other funds intended for that purpose.
(c) Duties of the Association.--The Association shall carry out the
following duties:
(1) Prepare and submit to the Secretary for approval a plan
as described in section 6 not later than 3 years after the date
of the enactment of this Act. If the Plan is not submitted to
the Secretary as required under this paragraph within the
specified time, the Heritage Area shall no longer qualify for
Federal funding until the Plan is submitted and approved by the
Secretary.
(2) Give priority to the implementation of actions, goals,
and strategies set forth in the Plan, including assisting units
of government and others in--
(A) carrying out the programs that recognize and
protect important resource values within the Heritage
Area;
(B) encouraging, by appropriate means, economic
viability in the Heritage Area consistent with the
goals of the Plan;
(C) establishing and maintaining interpretive
exhibits in the Heritage Area;
(D) developing recreational and educational
opportunities in the Heritage Area;
(E) increasing public awareness of and appreciation
for the natural, historical, and cultural resources of
the Heritage Area;
(F) restoring historic buildings that are located
within the boundaries of the Heritage Area relating to
the themes of the Heritage Area; and
(G) ensuring that clear, consistent, and
appropriate signs identifying public access points and
sites of interest are posted throughout the Heritage
Area.
(3) Prepare and implement the Plan while considering the
interests of diverse units of government, businesses, private
property owners, and nonprofit groups within the Heritage Area.
(4) Conduct Association meetings open to the public at
least quarterly regarding the development and implementation of
the Plan.
(5) Submit an annual report to the Secretary for any fiscal
year in which the Association receives Federal funds under this
Act, setting forth its accomplishments, its expenses and
income, including the entities to which it made grants during
the year for which the report is made.
(6) Make available for audit for any fiscal year in which
it receives Federal funds under this Act, by the Congress, the
Secretary, and appropriate units of government, all records and
other information pertaining to the expenditure of such funds
and any matching funds; and require, for all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make available
for such audit all records and other information pertaining to
the expenditure of such funds.
SEC. 8. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon the request of the
Association, provide technical and financial assistance to the
Heritage Area to develop and implement the approved Plan. In
assisting the Heritage Area, the Secretary shall give priority
to actions that in general assist in--
(A) conserving the significant natural, historic,
and cultural resources of the Heritage area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(2) Spending for nonfederally owned property.--Federal
funds made available by the Secretary to the Association may be
spent directly on nonfederally owned property identified in the
Plan, or listed or eligible for listing on the National
Register of Historic Places.
(3) Other assistance.--The Secretary may enter into
cooperative agreements with public and private organizations
for the purposes of implementing this subsection.
(b) Approval and Disapproval of Plan.--
(1) In general.--The Secretary shall approve or disapprove
the Plan not later than 90 days after receiving the Plan.
(2) Criteria for approval.--In determining whether to
approve the Plan, the Secretary shall consider whether--
(A) the Association has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
Plan;
(B) the resource protection and interpretation
strategies contained in the Plan, if implemented, would
adequately protect the historic and cultural resources
of the Heritage Area; and
(C) the Secretary has received adequate assurances
from the appropriate state and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
Plan.
(3) Action following disapproval.--If the Secretary
disapproves the Plan, the Secretary shall advise the
Association in writing of the reasons therefor and shall make
recommendations for revisions to the Plan. The Secretary shall
approve or disapprove a proposed revision within 60 days after
the date it is submitted.
(c) Approval of Amendments.--Substantial amendments to the Plan
shall be reviewed by the Secretary and approved in the same manner as
provided for the original Plan. The Association shall not use Federal
funds authorized by this Act to implement any amendments until the
amendments are approved by the Secretary.
SEC. 9. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal entity conducting or supporting activities directly
affecting the Heritage Area shall consider the potential effect of the
activity on the purposes and the Plan, and shall consult with the
Association with respect to the activity, and to the extent practicable
conduct or support such activities to avoid adverse effects on the
purposes of the Heritage Area.
SEC. 10. RELATIONSHIP TO LAND USE REGULATION AND PRIVATE PROPERTY.
(a) Land Use Regulation.--The Association shall provide assistance
and encouragement to State and local governments and to private
organizations and individuals to protect and promote the resources and
values of the Heritage Area. Nothing in this Act is intended to
abrogate in any way the authority of State or local governments.
Nothing in this Act may be construed to provide any authority to the
Association to regulate any use of land under this or any other law,
nor to grant any zoning or land use authority to the Association.
(b) Private Property.--The Association shall be an advocate for
land management practices consistent with the purposes of the Heritage
Area. This Act provides no authority to the Association to abridge the
rights of any person with regard to private property. Nothing in this
Act is intended to abrogate in any way any State or local authority
regarding private property. Nothing in this Act shall impose any
additional burden on any property owner by the listing of his property
pursuant to section 6(a)(3)(A).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
purposes of this Act not more than $1,000,000 for any fiscal year. Not
more than a total of $10,000,000 may be appropriated for the Heritage
Area under this Act.
(b) Matching Funds.--Federal funding provided under this Act may
not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this Act.
SEC. 12. SUNSET.
The authority of the Secretary to provide assistance under this Act
shall terminate on the day occurring 15 years after the date of the
enactment of this Act.
|
Freedom's Way National Heritage Area Act - Establishes in Massachusetts and New Hampshire the Freedom's Way National Heritage Area.
|
{"src": "billsum_train", "title": "To establish the Freedom's Way National Heritage Area in the Commonwealth of Massachusetts and in the State of New Hampshire, and for other purposes."}
| 3,250 | 28 | 0.519174 | 1.415913 | 0.553942 | 4.5 | 143.636364 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Effective Administration of Criminal
Justice Act of 2012''.
SEC. 2. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.
(a) Strategic Planning.--Section 502 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is
amended--
(1) by inserting ``(a) In General.--'' before ``To request
a grant''; and
(2) by adding at the end the following:
``(6) A comprehensive State-wide plan detailing how grants
received under this section will be used to improve the
administration of the criminal justice system, which shall--
``(A) be designed in consultation with local
governments, and all segments of the criminal justice
system, including judges, prosecutors, law enforcement
personnel, corrections personnel, and providers of
indigent defense services, victim services, juvenile
justice delinquency prevention programs, community
corrections, and reentry services;
``(B) include a description of how the State will
allocate funding within and among each of the uses
described in subparagraphs (A) through (G) of section
501(a)(1);
``(C) describe the process used by the State for
gathering evidence-based data and developing and using
evidence-based and evidence-gathering approaches in
support of funding decisions; and
``(D) be updated every 5 years, with annual
progress reports that--
``(i) address changing circumstances in the
State, if any;
``(ii) describe how the State plans to
adjust funding within and among each of the
uses described in subparagraphs (A) through (G)
of section 501(a)(1);
``(iii) provide an ongoing assessment of
need;
``(iv) discuss the accomplishment of goals
identified in any plan previously prepared
under this paragraph; and
``(v) reflect how the plan influenced
funding decisions in the previous year.
``(b) Technical Assistance.--
``(1) Strategic planning.--Not later than 90 days after the
date of enactment of this subsection, the Attorney General
shall begin to provide technical assistance to States and local
governments requesting support to develop and implement the
strategic plan required under subsection (a)(6).
``(2) Protection of constitutional rights.--Not later than
90 days after the date of enactment of this subsection, the
Attorney General shall begin to provide technical assistance to
States and local governments, including any agent thereof with
responsibility for administration of justice, requesting
support to meet the obligations established by the Sixth
Amendment to the Constitution of the United States, which shall
include--
``(A) public dissemination of practices,
structures, or models for the administration of justice
consistent with the requirements of the Sixth
Amendment; and
``(B) assistance with adopting and implementing a
system for the administration of justice consistent
with the requirements of the Sixth Amendment.
``(3) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 for each of fiscal years 2013
through 2017 to carry out this subsection.''.
(b) Protection of Constitutional Rights.--
(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 officials or employees of any
governmental agency with responsibility for the administration
of justice, including the administration of programs or
services that provide appointed counsel to indigent defendants,
that deprives persons of their rights to assistance of counsel
as protected under the Sixth Amendment and Fourteenth Amendment
to the Constitution 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) Effective date.--Paragraph (2) shall take effect 2
years after the date of enactment of this Act.
|
Effective Administration of Criminal Justice Act of 2012 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require grant applicants under the Edward Byrne Memorial Justice Assistance Grant Program to include in grant applications a comprehensive statewide plan for the improvement of the administration of the criminal justice system. Makes it unlawful for government entities or their agents to engage in a pattern or practice of conduct that deprives indigent defendants of their constitutional rights to assistance of counsel in criminal proceedings.
|
{"src": "billsum_train", "title": "A bill to ensure the effective administration of criminal justice."}
| 916 | 108 | 0.453669 | 1.212004 | 0.612533 | 2.886364 | 9.772727 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Investment Promotion Act
of 2011''.
SEC. 2. CERTAIN PUERTO RICO CORPORATIONS MAY ELECT TO BE TREATED AS
DOMESTIC CORPORATIONS.
(a) In General.--Subpart D of part III of subchapter N of chapter 1
of the Internal Revenue Code of 1986 (relating to possessions of the
United States) is amended by inserting after section 933 the following
new section:
``SEC. 933A. ELECTION BY PUERTO RICO CORPORATIONS TO BE TREATED AS
DOMESTIC CORPORATIONS.
``(a) In General.--A qualified Puerto Rico corporation for which an
election under this section is in effect for any taxable year shall be
treated for such year as a domestic corporation for purposes of this
title.
``(b) Qualified Puerto Rico Corporation.--For purposes of this
section, the term `qualified Puerto Rico corporation' means any
corporation if--
``(1) the corporation is incorporated under the laws of
Puerto Rico, and
``(2) at least 50 percent of its gross income (determined
without regard to subsection (c)) for the taxable year is
derived from sources within Puerto Rico.
``(c) Exclusion of Puerto Rico Source Income.--
``(1) In general.--In the case of a qualified Puerto Rico
corporation for which an election under this section is in
effect for any taxable year, gross income for such year shall
not include income derived from sources within Puerto Rico.
``(2) Denial of certain foreign tax credits.--No credit
shall be allowed for the amount of taxes paid or accrued to a
foreign country or possession of the United States to the
extent such taxes are properly allocable to amounts excluded
from gross income under paragraph (1).
``(d) Rules Relating to Election.--
``(1) Period election in effect.--
``(A) In general.--Except as otherwise provided in
this paragraph, an election under this section shall
apply to the taxable year for which made and all
subsequent taxable years.
``(B) Revocation.--
``(i) Revocation by corporation.--A
corporation may revoke an election under this
section for any taxable year only if the
election has been in effect for at least the 3
most recent preceding taxable years.
``(ii) Ceasing to be qualified.--An
election under this section shall be revoked by
the Secretary for any taxable year for which
the corporation fails to meet the requirements
of subsection (b).
``(iii) Effect of revocation.--Except as
provided in subparagraph (C), a revocation
under this subparagraph shall apply to the
taxable year for which revoked and all
subsequent taxable years.
``(C) Election after revocation.--An election under
this section may be made after a revocation under
subparagraph (B), but the election may not apply to any
taxable year before the 4th taxable year following the
most recent preceding taxable year for which the
election was in effect.
``(2) Effect of making and terminating election.--
``(A) Making election.--For purposes of section
367, any qualified Puerto Rico corporation making an
election under this section shall be treated as
transferring (as of the 1st day of the 1st taxable year
to which such election applies) all of its assets to a
domestic corporation in connection with an exchange to
which section 354 applies.
``(B) Effect of termination.--For purposes of
section 367, if an election is made by a corporation
under this section for any taxable year and such
election ceases to apply for any subsequent taxable
year, such corporation shall be treated as a domestic
corporation transferring (as of the 1st day of such
subsequent taxable year) all of its property to a
foreign corporation in connection with an exchange to
which section 354 applies.
``(C) Intangibles.--For purposes of section 367(d)
and the second sentence of section 482, any election
made under this section shall be disregarded.
``(e) Denial of Inclusion in Consolidated Return.--A qualified
Puerto Rico corporation for which an election under this section is in
effect for any taxable year may not be included in any consolidated
return under chapter 6.''.
(b) Clerical Amendment.--The table of sections for such subpart D
is amended by inserting after the item relating to section 933 the
following new item:
``Sec. 933A. Election by Puerto Rico corporations to be treated as
domestic corporations.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after September 30, 2011.
|
Puerto Rico Investment Promotion Act of 2011 - Amends the Internal Revenue Code to allow a corporation incorporated under the laws of Puerto Rico and deriving at least 50% of its gross income from sources within Puerto Rico to elect to be treated as a domestic corporation for U.S. tax purposes.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow certain Puerto Rico corporations to elect to be treated as domestic corporations."}
| 1,097 | 64 | 0.557939 | 1.223349 | 1.171788 | 3.301887 | 17.792453 | 0.886792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Carbon Emissions Reduction Act
of 2009''.
SEC. 2. BLACK CARBON.
(a) Findings.--The Congress finds the following:
(1) Black carbon is a particulate pollutant that
contributes significantly to warming of the Earth's climate
system by absorbing radiation, converting it into heat, and
releasing heat energy into the atmosphere. The atmospheric
residence of black carbon is usually less than 2 weeks, making
this pollutant an important candidate for policy action to
immediately mitigate global warming, including the threat of
abrupt climate change.
(2) Black carbon has a particularly detrimental impact on
snow and ice-covered surfaces, such as the Arctic and the
Tibetan Plateau, by reducing surface reflectivity and
accelerating melting.
(3) Black carbon is a component of particulate matter
regulated under the Clean Air Act, however it is not explicitly
regulated as a global warming agent under United States law or
by the United Nations Framework Convention on Climate Change or
other international instruments.
(4) Through existing clean air programs, the United States
has substantially reduced black carbon emissions, but more can
be done.
(5) Internationally, governments should help spur
technological innovation and energy technology deployment in
countries where major black carbon emissions still occur
through industrial activities, vehicle emissions, agriculture
and forestry practices, and residential cooking and heating.
(6) Human exposure to black carbon is a serious threat to
public health in both developed and developing countries.
Actions to reduce exposure to black carbon will produce
immediate and significant public health benefits.
(7) Taking immediate cost-effective and technologically
feasible action to significantly reduce black carbon emissions
will help protect the Arctic and other areas that are
imminently threatened by warming.
(b) Purposes.--The purposes of this Act are--
(1) to immediately take action to reduce black carbon
emissions;
(2) to identify cost-effective ways to achieve additional
reductions of domestic and international black carbon
emissions;
(3) to achieve the public health and environmental benefits
of reduced black carbon emissions, including contributing to a
reduction in the rate of global warming; and
(4) to take action to protect areas particularly affected
by black carbon emissions, such as the Arctic.
(c) Definitions.--As used in this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``black carbon'' means the light-absorbing
component of carbonaceous aerosols.
(d) Black Carbon Abatement Report.--Not later than one year after
the date of enactment of this Act, the Administrator shall, in
consultation with other appropriate Federal agencies, submit to
Congress a report regarding black carbon emissions. The report shall
include the following:
(1) A summary of the current research that identifies--
(A) an inventory of the major sources of black
carbon emissions in the United States and throughout
the world, including--
(i) an estimate of the quantity of current
and projected future emissions; and
(ii) the net climate forcing of the
emissions from such sources, including
consideration of co-emissions of other
pollutants;
(B) effective and cost-effective control
technologies, operations, and strategies for additional
domestic and international black carbon emissions
reductions, such as diesel retrofit technologies on
existing on-road and off-road engines and programs to
address residential cookstoves, forest burning, and
other agriculture-based burning;
(C) potential metrics quantifying the climatic
effects of black carbon emissions, including its
radiative forcing and warming effects, that may be used
to compare the climate benefits of different mitigation
strategies, including an assessment of the uncertainty
in such metrics; and
(D) the public health and environmental benefits
associated with additional controls for black carbon
emissions.
(2) Recommendations regarding--
(A) development of additional emissions monitoring
techniques and capabilities, modeling, and other black
carbon-related areas of study;
(B) areas of focus for additional study of
technologies, operations, and strategies with the
greatest potential to reduce emissions of black carbon;
and
(C) actions, in addition to those identified by the
Administrator pursuant to subsections (e) and (f), the
Federal Government may take to encourage or require
reductions in black carbon emissions.
(e) Domestic Black Carbon Mitigation.--Not later than one year
after the date of enactment of this Act, the Administrator, taking into
consideration the public health and environmental impacts of black
carbon emissions, including the effects on global warming, the Arctic,
and other snow and ice-covered surfaces, shall propose regulations
under the existing authorities of the Clean Air Act to reduce emissions
of black carbon or propose a finding that existing regulations
promulgated pursuant to such Act adequately regulate black carbon
emissions. Not later than two years after the date of enactment of this
Act, the Administrator shall promulgate final regulations under the
existing authorities of the Clean Air Act or finalize the proposed
finding.
(f) International Black Carbon Mitigation.--
(1) Report.--Not later than one year after the date of
enactment of this section, the Administrator, in coordination
with the Secretary of State and other appropriate Federal
agencies, shall transmit a report to Congress on the amount,
type, and direction of all present United States financial,
technical, and related assistance to foreign countries to
reduce, mitigate, and otherwise abate black carbon emissions.
(2) Other opportunities.--The report required under
paragraph (1) shall also identify opportunities and
recommendations, including action under existing authorities,
to achieve significant black carbon emission reductions in
foreign countries through technical assistance or other
approaches to--
(A) promote sustainable solutions to bring clean,
efficient, safe, and affordable stoves, fuels, or both
stoves and fuels to residents of developing countries
that are reliant on solid fuels such as wood, dung,
charcoal, coal, or crop residues for home cooking and
heating, so as to help reduce the public health,
environmental, and economic impacts of black carbon
emissions from these sources by--
(i) identifying key regions for large-scale
demonstration efforts, and key partners in each
such region; and
(ii) developing for each such region a
large-scale implementation strategy with a goal
of collectively reaching 20,000,000 homes over
5 years with interventions that will--
(I) increase stove efficiency by
over 50 percent (or such other goal as
determined by the Administrator);
(II) reduce emissions of black
carbon by over 60 percent (or such
other goal as determined by the
Administrator); and
(III) reduce the incidence of
severe pneumonia in children under 5
years old by over 30 percent (or such
other goal as determined by the
Administrator);
(B) make technological improvements to diesel
engines and provide greater access to fuels that emit
less or no black carbon;
(C) reduce unnecessary agricultural or other
biomass burning where feasible alternatives exist;
(D) reduce unnecessary fossil fuel burning that
produces black carbon where feasible alternatives
exist;
(E) reduce other sources of black carbon emissions;
and
(F) improve capacity to achieve greater compliance
with existing laws to address black carbon emissions.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act.
|
Black Carbon Emissions Reduction Act of 2009 - Requires the Administrator of the Environmental Protection Agency (EPA) to report to Congress on black carbon (light-absorbing component of carbonaceous aerosols) emissions, including : (1) a summary of current research identifying major sources, control technologies, quantifying metrics, and public health and environmental benefits associated with additional controls; and (2) recommendations regarding emissions monitoring techniques and capabilities, areas for additional study of technologies, operations, and strategies with the greatest potential to reduce emissions, and actions the government may take to encourage or require emission reductions.
Requires the Administrator, within a year, to finalize regulations under the Clean Air Act to reduce emissions of black carbon or propose a finding that existing regulations promulgated pursuant to such Act adequately regulate them.
Requires the Administrator to report to Congress on the amount, type, and direction of all present U.S. financial, technical, and related assistance to foreign countries to reduce, mitigate, and abate black carbon emissions.
|
{"src": "billsum_train", "title": "To mitigate the effects of black carbon emissions in the United States and throughout the world."}
| 1,530 | 220 | 0.604648 | 1.816641 | 0.813054 | 4.557292 | 8.03125 | 0.963542 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Cloning Ban and Stem Cell
Research Protection Act of 2003''.
SEC. 2. PURPOSES.
It is the purpose of this Act to prohibit human cloning and to
protect important areas of medical research, including stem cell
research.
TITLE I--PROHIBITION ON HUMAN CLONING
SEC. 101. PROHIBITION ON HUMAN CLONING.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 15, the following:
``CHAPTER 16--PROHIBITION ON HUMAN CLONING
``Sec.
``301. Prohibition on human cloning.
``Sec. 301. Prohibition on human cloning
``(a) Definitions.--In this section:
``(1) Human cloning.--The term `human cloning' means
implanting or attempting to implant the product of nuclear
transplantation into a uterus or the functional equivalent of a
uterus.
``(2) Human somatic cell.--The term `human somatic cell'
means any human cell other than a haploid germ cell.
``(3) Nuclear transplantation.--The term `nuclear
transplantation' means transferring the nucleus of a human
somatic cell into an oocyte from which the nucleus or all
chromosomes have been or will be removed or rendered inert.
``(4) Nucleus.--The term `nucleus' means the cell structure
that houses the chromosomes.
``(5) Oocyte.--The term `oocyte' means the female germ
cell, the egg.
``(6) Unfertilized blastocyst.--The term `unfertilized
blastocyst' means an intact cellular structure that is the
product of nuclear transplantation. Such term shall not include
stem cells, other cells, cellular structures, or biological
products derived from an intact cellular structure that is the
product of nuclear transplantation.
``(b) Prohibitions on Human Cloning.--It shall be unlawful for any
person or other legal entity, public or private--
``(1) to conduct or attempt to conduct human cloning;
``(2) to ship the product of nuclear transplantation in
interstate or foreign commerce for the purpose of human cloning
in the United States or elsewhere; or
``(3) to export to an foreign country an unfertilized
blastocyst if such country does not prohibit human cloning.
``(c) Protection of Research.--Nothing in this section shall be
construed to restrict practices not expressly prohibited in this
section.
``(d) Penalties.--
``(1) Criminal penalties.--Whoever intentionally violates
paragraph (1), (2), or (3) of subsection (b) shall be fined
under this title and imprisoned not more than 10 years.
``(2) Civil penalties.--Whoever intentionally violates
paragraph (1), (2), or (3) of subsection (b) shall be subject
to a civil penalty of $1,000,000 or three times the gross
pecuniary gain resulting from the violation, whichever is
greater.
``(3) Forfeiture.--Any property, real or personal, derived
from or used to commit a violation or attempted violation of
the provisions of subsection (b), or any property traceable to
such property, shall be subject to forfeiture to the United
States in accordance with the procedures set forth in chapter
46 of title 18, United States Code.
``(e) Right of Action.--Nothing in this section shall be construed
to give any individual or person a private right of action.''.
SEC. 102. OVERSIGHT REPORTS ON ACTIONS TO ENFORCE CERTAIN PROHIBITIONS.
(a) Report on Actions by Attorney General To Enforce Chapter 16 of
Title 18.--Not later than 1 year after the date of enactment of this
Act, the Comptroller General shall prepare and submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that--
(1) describes the actions taken by the Attorney General to
enforce the provisions of chapter 16 of title 18, United States
Code (as added by section 101);
(2) describes the personnel and resources the Attorney
General has utilized to enforce the provisions of such chapter;
and
(3) contain a list of any violations, if any, of the
provisions of such chapter 16.
(b) Report on Actions of State Attorneys General To Enforce Similar
State Laws.--
(1) Definition.--In this subsection and subsection (c), the
term ``similar State law relating to human cloning'' means a
State or local law that provides for the imposition of criminal
penalties on individuals who are determined to be conducting or
attempting to conduct human cloning (as defined in section 301
of title 18, United States Code (as added by section 101)).
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall prepare
and submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives
a report that--
(A) describes any similar State law relating to
human cloning;
(B) describes the actions taken by the State
attorneys general to enforce the provisions of any
similar State law relating to human cloning;
(C) contains a list of violations, if any, of the
provisions of any similar State law relating to human
cloning; and
(D) contains a list of any individual who, or
organization that, has violated, or has been charged
with violating, any similar State law relating to human
cloning.
(c) Report on Coordination of Enforcement Actions Among the Federal
and State and Local Governments With Respect to Human Cloning.--Not
later than 1 year after the date of enactment of this Act, the
Comptroller General shall prepare and submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report that--
(1) describes how the Attorney General coordinates the
enforcement of violations of chapter 16 of title 18, United
States Code (as added by section 101), with enforcement actions
taken by State or local government law enforcement officials
with respect to similar State laws relating to human cloning;
and
(2) describes the status and disposition of--
(A) Federal appellate litigation with respect to
such chapter 16 and State appellate litigation with
respect to similar State laws relating to human
cloning; and
(B) civil litigation, including actions to appoint
guardians, related to human cloning.
(d) Report on International Laws Relating to Human Cloning.--Not
later than 1 year after the date of enactment of this Act, the
Comptroller General shall prepare and submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report that--
(1) describes the laws adopted by foreign countries related
to human cloning;
(2) describes the actions taken by the chief law
enforcement officer in each foreign country that has enacted a
law described in paragraph (1) to enforce such law; and
(3) describes the multilateral efforts of the United
Nations and elsewhere to ban human cloning.
TITLE II--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH
SEC. 201. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.)
is amended by adding at the end the following:
``PART J--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH
``SEC. 499A. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH,
INCLUDING INFORMED CONSENT, INSTITUTIONAL REVIEW BOARD
REVIEW, AND PROTECTION FOR SAFETY AND PRIVACY.
``(a) Definitions.--
``(1) In general.--The definitions contained in section
301(a) of title 18, United States Code, shall apply for
purposes of this section.
``(2) Other definitions.--In this section:
``(A) Donating.--The term `donating' means giving
without receiving valuable consideration.
``(B) Fertilization.--The term `fertilization'
means the fusion of an oocyte containing a haploid
nucleus with a male gamete (sperm cell).
``(C) Valuable consideration.--The term `valuable
consideration' does not include reasonable payments--
``(i) associated with the transportation,
processing, preservation, or storage of a human
oocyte or of the product of nuclear
transplantation research; or
``(ii) to compensate a donor of one or more
human oocytes for the time or inconvenience
associated with such donation.
``(b) Applicability of Federal Ethical Standards to Nuclear
Transplantation Research.--Research involving nuclear transplantation
shall be conducted in accordance with subpart A of part 46 of title 45,
or parts 50 and 56 of title 21, Code of Federal Regulations (as in
effect on the date of enactment of the Human Cloning Ban and Stem Cell
Research Protection Act of 2003), as applicable.
``(c) Prohibition on Conducting Nuclear Transplantation on
Fertilized Eggs.--A somatic cell nucleus shall not be transplanted into
a human oocyte that has undergone or will undergo fertilization.
``(d) Fourteen-Day Rule.--An unfertilized blastocyst shall not be
maintained after more than 14 days from its first cell division, not
counting any time during which it is stored at temperatures less than
zero degrees centigrade.
``(e) Voluntary Donation of Oocytes.--
``(1) Informed consent.--In accordance with subsection (b),
an oocyte may not be used in nuclear transplantation research
unless such oocyte shall have been donated voluntarily by and
with the informed consent of the woman donating the oocyte.
``(2) Prohibition on purchase or sale.--No human oocyte or
unfertilized blastocyst may be acquired, received, or otherwise
transferred for valuable consideration if the transfer affects
interstate commerce.
``(f) Separation of In Vitro Fertilization Laboratories From
Locations at Which Nuclear Transplantation Is Conducted.--Nuclear
transplantation may not be conducted in a laboratory in which human
oocytes are subject to assisted reproductive technology treatments or
procedures.
``(g) Civil Penalties.--Whoever intentionally violates any
provision of subsections (b) through (f) shall be subject to a civil
penalty in an amount that is appropriate for the violation involved,
but not more than $250,000.''.
|
Human Cloning Ban and Stem Cell Research Protection Act of 2003 - Amends the Federal criminal code to prohibit: (1) conducting or attempting to conduct human cloning; (2) shipping the product of nuclear transplantation for the purpose of human cloning in the United States or elsewhere; or (3) exporting to a foreign country an unfertilized blastocyst if such country does not prohibit human cloning.Requires the Comptroller General to report to the congressional judiciary committees on: (1) actions taken to enforce such prohibitions; (2) actions of State attorneys general to enforce similar State laws; (3) the Federal-State-local government coordination of enforcement actions; and (4) international laws relating to human cloning.Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with applicable Federal standards for the protection of human subjects. Prohibits: (1) a somatic cell nucleus from being transplanted into a human oocyte (egg) that has undergone or will undergo fertilization; (2) an unfertilized blastocyst from being maintained after more than 14 days from its first cell division, not counting storage times at temperatures less than zero degrees centigrade; (3) an oocyte from being used in nuclear transplantation research unless donated voluntarily with the donor's informed consent; (4) an oocyte or unfertilized blastocyst from being acquired, received, or transferred for valuable consideration in interstate commerce; or (5) the conduct in a laboratory of nuclear transplantation in which human oocytes are subject to assisted reproductive technology treatments or procedures.
|
{"src": "billsum_train", "title": "A bill to prohibit human cloning and protect stem cell research."}
| 2,567 | 372 | 0.699352 | 2.079841 | 0.737039 | 4.047458 | 7.057627 | 0.949153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responding Equitably, Swiftly,
Proportionally, and On-time to Natural Disasters Act of 2005''.
SEC. 2. ENSURING DECLARATION.
Section 101(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121(b)) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting a semicolon; and
(3) by inserting after paragraph (6) the following:
``(7) ensuring that Federal assistance is adequate and
allows individuals to maintain a quality of life that is, to
the extent possible and practicable, similar to that before a
disaster without adversely affecting a State or local
government's ability to provide the necessary services to its
citizens; and
``(8) ensuring that minority and low-income individuals and
households and those living in underserved communities receive
the equitable technical, human, and financial assistance.''.
SEC. 3. REIMBURSEMENT FOR DEBRIS REMOVAL IN PRIVATE COMMUNITIES.
Section 407 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5173) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Reimbursement for Debris Removal on Private-Lands and
Communities.--
``(1) In general.--A State or local government shall be
eligible for reimbursement under this title for debris removal
on private lands if the State or local government maintains the
roads utilized for access to such lands, provides public safety
services, or provides individual and communal garbage removal
services to the residents of such lands.
``(2) Special rule.--A State or local government shall be
eligible for reimbursement under this title for debris removal
on private lands in a community if failure to remove debris in
that community places the lives, health, and safety of those
living in the community at immediate risk.
``(3) Effective date.--This subsection shall apply to all
presidential disaster declarations issued under this Act on or
after August 11, 2004.''.
SEC. 4. IMPROVING INDIVIDUAL AND HOUSEHOLD ASSISTANCE.
(a) Eligibility for Assistance.--Section 408(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(a)) is amended by inserting after paragraph (2) the following:
``(3) Eligibility for assistance.--Under paragraph (1), an
individual or household shall be eligible to apply for
assistance provided under this section for a period of 18
months beginning on the date of declaration of the major
disaster by the President. The President may extend such 18-
month period with respect to a major disaster if the President
determines that due to extraordinary circumstances with respect
to that major disaster an extension would be in the public
interest.''.
(b) Increase in Individual and Household Assistance.--Section 408
of such Act is further amended--
(1) in subsection (c)(1)(A)(ii) by inserting ``plus 25
percent of that fair market rent'' after ``provided'';
(2) in subsection (c)(2)(C) by striking ``$5,000'' and
inserting ``$10,000'';
(3) in subsection (c)(3)(B) by striking ``$10,000'' and
inserting ``$20,000''; and
(4) in subsection (h)(1) by striking ``$25,000'' and
inserting ``$50,000''.
SEC. 5. IMPROVING COORDINATION AND RESPONSE EFFORTS AT LOCAL EMERGENCY
OPERATIONS CENTERS.
Section 302(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5143(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5);
(2) by striking ``and'' at the end of paragraph (3);
(3) by and inserting after paragraph (3) the following:
``(4) designate a local coordinating officer per affected
county for the duration of a major disaster who is either an
employee of the Federal Emergency Management Agency or has
significant experience in administering Federal disaster
assistance for the purpose of maintaining consistent Federal
representation in the affected county and assisting in the
coordination of State and local disaster assistance efforts
with those of the Federal Government; and''.
SEC. 6. USE OF FEDERAL EMPLOYEES IN DETERMINING AND ADMINISTERING
FEDERAL DISASTER ASSISTANCE.
(a) In General.--Section 307 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5150) is amended--
(1) by inserting ``(a) In General'' before ``In the''; and
(2) by adding at the end the following:
``(b) Special Rule.--Notwithstanding subsection (a), only employees
of the Department of Homeland Security or any other appropriate Federal
department or agency may allocate, distribute, or approve Federal
financial assistance under this Act.''.
(b) Report to Congress.--
(1) Preparation.--The Under Secretary of Homeland Security
for Emergency Preparedness and Response shall prepare a report
on the role and effectiveness of private organizations, firms,
or individuals, in approving, coordinating and administering
Federal emergency disaster assistance, including the results of
any internal or external audits of private organizations,
firms, or individuals on the administration of disaster
assistance by these private organizations.
(2) Deadline for transmittal.--The Under Secretary shall
transmit the report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate not
later than 180 days after the date of enactment of this Act.
SEC. 7. DISASTER EXPERT PROGRAM.
(a) Authorization of Program.--Title VII of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201-5205) is
amended by adding at the end the following:
``SEC. 706. DISASTER EXPERT PROGRAM.
``(a) In General.--The Under Secretary of Homeland Security for
Emergency Preparedness and Response shall establish and carry out a
disaster expert grant program in accordance with this section. Grants
under the program shall be made on a competitive basis.
``(b) Grant Purposes.--Under the grant program, grants may only be
made--
``(1) to establish and maintain a disaster strike force
team consisting of emergency planners, public safety officers,
administrators, and other State and local officials with first-
hand experience and knowledge in the coordination and
administration of Federal, State, and local emergency
assistance that are capable of providing the Federal Emergency
Management Agency with timely on-the-ground assistance in
disaster areas;
``(2) to provide disaster response training for members of
such team, including training through real life experience; and
``(3) to supplement the relief efforts of Federal, State,
and local officials in disaster areas with State and local
government disaster experts.
``(c) Grant Recipients.--Under the grant program, the Under
Secretary may only make grants to units of local government and Indian
tribes (as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)) that have first hand
experience in coordinating, facilitating, and administering local and
Federal disaster assistance and that are able to coordinate operations
within a local emergency operations center between Federal, State, and
local emergency coordinators.
``(d) Limitation.--Participation in the grant program shall not
adversely affect the ability of a unit of local government or Indian
tribe to conduct its normal day to day business and respond to any
natural disaster or emergency within its own community.
``(e) Federal Share.--The Federal share of the cost of activities
for which a grant is made under this section shall be 100 percent.
``(f) Administrative Expenses.--Not to exceed 5 percent of the
amount of a grant under this section may be used to pay the
administrative expenses of the grant recipient in carrying out the
activities for which the grant is made.''.
(b) Publishing of Regulations.--Not later than 120 days after the
date of enactment of this Act, the Under Secretary of Homeland Security
for Emergency Preparedness and Response shall issue regulations for the
administering of the disaster expert grant program under section 706 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act and
publish those regulations in the Federal Register.
(c) Authorization of Funds.--There is authorized to be appropriated
to carry out this section $5,000,000 for each of fiscal years 2006
through 2012. Such sums shall remain available until expended.
|
Responding Equitably, Swiftly, Proportionally, and On-time to Natural Disasters Act of 2005 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include among those methods by which Congress intends to provide Federal disaster assistance: (1) ensuring that assistance is adequate and allows individuals to maintain their pre-disaster quality of life; and (2) ensuring that minority and low-income individuals and households and those in underserved communities receive equitable assistance.
Makes State and local governments eligible for Federal disaster assistance for debris removal on private lands, retroactive to August 11, 2004, if: (1) such governments provide specified services to such lands; or (2) failure to remove the debris places the lives, health, and safety of those living in the community at immediate risk.
Makes individuals and households eligible to apply for Federal disaster assistance for a period of 18 months beginning on the date of declaration of a major disaster. Increases the amount of individual and household assistance.
Directs the Federal Coordinating Officer appointed by the President in response to a major disaster to designate a local coordinating officer for each affected county.
Requires: (1) Federal financial assistance for disaster relief and emergency assistance to be allocated, distributed, or approved only by employees of the Department of Homeland Security or other appropriate Federal agencies; and (2) preparation of a report (for submission to specified congressional committees) on the role and effectiveness of using private entities to deliver disaster assistance.
Establishes a disaster expert grant program, to be fully funded by the Federal Government.
|
{"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve Federal response to disasters, and for other purposes."}
| 2,021 | 329 | 0.672398 | 2.037062 | 0.911454 | 3.904605 | 5.898026 | 0.891447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Trafficking Victims Protection
Act''.
SEC. 2. PROTECTING CHILD TRAFFICKING VICTIMS.
(a) Defined Term.--In this section, the term ``unaccompanied alien
children'' has the meaning given such term in section 462 of the
Homeland Security Act of 2002 (6 U.S.C. 279).
(b) Mandatory Training.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services and
independent child welfare experts, shall mandate appropriate training
of all personnel who come into contact with unaccompanied alien
children in the relevant legal authorities, policies, practices, and
procedures pertaining to this vulnerable population.
(c) Care and Transportation.--Notwithstanding any other provision
of law, the Secretary of Homeland Security shall ensure that all
unaccompanied alien children who will undergo any immigration
proceedings before the Secretary or the Executive Office for
Immigration Review are duly transported and placed in the care and
legal and physical custody of the Director of the Office of Refugee
Resettlement not later than 72 hours after their apprehension, absent
exceptional circumstances. In exceptional circumstances, such as an
influx of children or a natural disaster, the Secretary of Homeland
Security shall make emergency funds available to the Director of the
Office of Refugee Resettlement, to the extent and in such amounts as
are provided in advance in appropriations Acts, for the operation of
emergency shelters. The Secretary of Homeland Security, to the extent
practicable, shall ensure that female officers are continuously present
during the transfer and transport of female detainees who are in the
custody of the Secretary.
(d) Qualified Resources.--
(1) In general.--The Secretary of Homeland Security shall
provide adequately trained and qualified staff and resources,
including child welfare professionals in accordance with
subsection (e), at U.S. Customs and Border Protection ports of
entry and stations.
(2) Child welfare professionals.--The Secretary of Homeland
Security, in consultation with the Secretary of Health and
Human Services, shall hire or contract with, on a full- or
part-time basis, child welfare professionals who will provide
assistance in the U.S. Customs and Border Protection offices or
stations having in their custody an average of 25 or more
children a day in the past fiscal year, and subject to review
based upon the current fiscal year's monthly statistical
reports.
(e) Child Welfare Professionals.--
(1) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall ensure that
qualified child welfare professionals, licensed in social work,
or other comparable training and expertise, and with expertise
in culturally competent, trauma-centered, and developmentally
appropriate interviewing skills are available at ports of entry
and stations as described in subsection (d). Child welfare
professionals shall be proficient in the most common languages
spoken by children apprehended at the border. In the case where
one is not available, an interpreter shall be used.
(2) Duties.--Child welfare professionals described in
paragraph (1) shall--
(A) develop guidelines for treatment of children in
the custody of the Commissioner of U.S. Customs and
Border Protection;
(B) ensure allegations of abuse or mistreatment are
referred to the appropriate State and Federal child
protection authorities and that the Commissioner of
U.S. Customs and Border Protection and the Director of
the Office of Refugee Resettlement satisfy their
obligations under applicable child abuse reporting laws
by--
(i) ensuring that children can avail
themselves of relevant complaint mechanisms to
report abuse or misconduct;
(ii) reporting abuse or mistreatment to
State and Federal child protection authorities
as required, as well as Department of Homeland
Security Office of the Inspector General,
Office of Civil Rights and Civil Liberties,
U.S. Customs and Border Protection Internal
Affairs Office, and the Office of Refugee
Resettlement; and
(iii) providing notice to area government
subcontracted legal service providers regarding
a child who has made an allegation of abuse and
directing provider to relevant authorities
regarding availability of immigration and
administrative relief for individuals with
pending civil rights complaints;
(C) conduct screening of all unaccompanied alien
children in accordance with section 235(a)(4) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)) and
refrain from screening children from noncontiguous
countries who will undergo screening at the Office of
Refugee Resettlement;
(D) notify the Secretary of Homeland Security and
the Director of the Office of Refugee Resettlement of
children that potentially meet the notification and
transfer requirements, including children for whom a
determination cannot be made, as set forth in
subsections (a) and (b) of section 235 of the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232);
(E) provide a best interest placement
recommendation for accompanied children and families to
the Director of U.S. Immigration and Customs
Enforcement that takes into consideration the best
interests of the child and applicable law, favoring a
policy of release;
(F) interview adult relatives accompanying
unaccompanied alien children;
(G) provide an initial family relationship and
trafficking assessment and recommendations regarding
unaccompanied alien children's initial placements to
the Director of the Office of Refugee Resettlement,
which shall be conducted in accordance with the
timeframe set forth in subsections (a)(4) and (b)(3) of
section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232);
(H) ensure that each child in the custody of the
Commissioner of U.S. Customs and Border Protection--
(i) receives emergency medical care when
necessary;
(ii) receives emergency medical and mental
health care that complies with the standards
adopted pursuant to section 8(c) of the Prison
Rape Elimination Act of 2003 (42 U.S.C.
15607(c)) whenever necessary, including in
cases in which a child is at risk to harm
himself, herself, or others;
(iii) is provided with climate appropriate
clothing, shoes, basic personal hygiene and
sanitary products, a pillow, linens, and
sufficient blankets to rest at a comfortable
temperature;
(iv) receives adequate nutrition;
(v) enjoys a safe and sanitary living
environment;
(vi) has access to daily recreational
programs and activities if held for a period
longer than 24 hours;
(vii) has regular access to legal services
and consular officials both in person and
telephonically; and
(viii) is permitted to make supervised
phone calls to family members;
(I) develop procedures to maintain the best
interests of the child in any migration deterrence
programs for family units carried out at a border,
including--
(i) inquiring whether a child is traveling
with a parent or legal guardian;
(ii) ascertaining whether the removal
location of an apprehended parent or legal
guardian of the child presents any humanitarian
concern or concern related to such apprehended
individual's physical safety;
(iii) ensuring that, with respect to a
decision related to the removal or referral for
prosecution of such apprehended individual, due
consideration is given to--
(I) the best interests of such
apprehended individual's child, if any;
(II) family unity whenever
possible; and
(III) other public interest
factors, including humanitarian
concerns and concerns related to such
apprehended individual's physical
safety; and
(J) coordinate with the Mexican Consulate to ensure
the safe repatriation of Mexican children.
(3) Monitoring.--The Secretary of Homeland Security, in
consultation with a child welfare professional, shall develop
procedures to provide regular access to nongovernmental
organizations for human rights monitoring.
(4) Report.--Not later than 18 months after the date of the
enactment of this Act, and annually thereafter, the Secretary
shall submit a report to Congress that--
(A) describes the screening procedures used by the
child welfare professionals to screen unaccompanied
alien children and children accompanied by a parent or
legal guardian;
(B) assesses the effectiveness of such screenings;
and
(C) includes data on all children who were screened
by child welfare professionals.
(f) Immediate Notification.--The Secretary of Homeland Security
shall notify the Director of the Office of Refugee Resettlement of an
unaccompanied alien child in the custody of the Secretary as soon as
practicable, but generally not later than 48 hours after the Secretary
encounters the child, to effectively and efficiently coordinate the
child's transfer to and placement with the Director of the Office of
Refugee Resettlement.
(g) Notice of Rights and Right to Access to Counsel.--
(1) In general.--The Secretary shall ensure that all
children, upon apprehension, are provided--
(A) an interview and screening with a child welfare
professional described in subsection (e)(1); and
(B) a video orientation, as well as an oral and
written notice, in a language they understand, of their
rights under the Immigration and Nationality Act,
including--
(i) their right to relief from removal;
(ii) their right to confer with counsel (as
guaranteed under section 292 of such Act (8
U.S.C. 1362)), family, or friends while in the
temporary custody of the Department; and
(iii) relevant complaint mechanisms to
report any abuse or misconduct they may have
experienced.
(2) Languages.--The Secretary shall ensure that the video
orientation described in paragraph (1) is available in English
and in the 5 most common native languages spoken by children
held in custody at that location during the preceding fiscal
year.
(h) Confidentiality.--The Secretary of Health and Human Services
shall maintain the privacy and confidentiality of all information
gathered in the course of providing care, custody, placement, and
follow-up services to unaccompanied alien children, consistent with the
best interest of the unaccompanied alien child, by not disclosing such
information to other government agencies or nonparental third parties
unless such disclosure is--
(1) recorded in writing and placed in the child's file;
(2) in the child's best interest; and
(3)(A) authorized by the child or by an approved sponsor in
accordance with section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) and the Health Insurance Portability and
Accountability Act (Public Law 104-191); or
(B) provided to a duly recognized law enforcement entity to
prevent imminent and serious harm to another individual.
(i) Other Policies and Procedures.--The Secretary shall adopt
fundamental child protection policies and procedures--
(1) for reliable age determinations of children, developed
in consultation with medical and child welfare experts, which
exclude the use of fallible forensic testing of children's bone
and teeth;
(2) to utilize all legal authorities to defer the child's
removal if the child faces a risk of life-threatening harm upon
return including due to the child's mental health or medical
condition; and
(3) to ensure, in accordance with the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.),
that unaccompanied alien children, while in detention, are--
(A) physically separated from any adult who is not
an immediate family member; and
(B) separated from--
(i) immigration detainees and inmates with
criminal convictions;
(ii) pretrial inmates facing criminal
prosecution; and
(iii) inmates exhibiting violent behavior.
(j) Repatriation and Reintegration Program.--
(1) In general.--The Administrator of the United States
Agency for International Development, in conjunction with the
Secretary of Homeland Security, the Secretary of Health and
Human Services, the Attorney General, international
organizations, and nongovernmental organizations in the United
States with expertise in repatriation and reintegration, shall
ensure that programs in the United States and within the
country of return support the safe and sustainable repatriation
and reintegration of unaccompanied alien children into their
country of nationality or of last habitual residence, including
placement with their families, legal guardians, or other
sponsoring agencies.
(2) Scope.--The process described in paragraph (1) shall
include--
(A) an identification of the expressed needs of the
child;
(B) the creation of partnerships with community
based organizations that are linguistically and
culturally competent;
(C) the recognition of the need to include the
family unit in the process to help the child
reintegrate;
(D) the provision of a wide diversity of services,
including access to school, scholarships, and
vocational and skills training;
(E) procedures that outline safe repatriation to
ensure children are not returned to harm or in other
unsafe circumstances such as during nighttime hours;
(F) procedures for when the exercise of discretion
should be exercised because it is not in the child's
best interest to be returned; and
(G) special considerations to address the
particular needs of returning girls are addressed,
tender-aged children, or other vulnerable children.
(3) Report on repatriation and reintegration of
unaccompanied alien children.--Not later than 18 months after
the date of the enactment of this Act, and annually thereafter,
the Administrator of the Agency for International Development
shall submit a substantive report to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate on efforts to improve repatriation
and reintegration programs for unaccompanied alien children.
(k) Transfer of Funds.--
(1) Authorization.--The Secretary of Homeland Security, in
accordance with a written agreement between the Secretary and
the Secretary of Health and Human Services, and to the extent
and in such amounts as are provided in advance in
appropriations Acts, shall transfer such amounts as may be
necessary to carry out the duties described in subsections (c)
and (e)(2) from amounts appropriated for U.S. Customs and
Border Protection to the Department of Health and Human
Services.
(2) Report.--Not later than 15 days before any proposed
transfer under paragraph (1), the Secretary of Health and Human
Services, in consultation with the Secretary of Homeland
Security, shall submit a detailed expenditure plan that
describes the actions proposed to be taken with amounts
transferred under such paragraph to--
(A) the Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Appropriations of the Senate.
|
Child Trafficking Victims Protection Act Directs the Department of Homeland Security (DHS) to: (1) require the appropriate training of all personnel who come into contact with unaccompanied alien children, and (2) hire child welfare professionals. Sets forth related protections for such children regarding: (1) prompt placement with the Office of Refugee Resettlement, (2) qualified resources and child welfare professionals at appropriate ports of entry and stations, (3) confidentiality of information, (4) notice of rights and access to counsel, (5) separation from non-family member adults, and (6) the presence of female officers during the transfer and transport of female detainees. Directs the U.S. Agency for International Development to ensure that programs in the United States and within the country of return support the safe and sustainable repatriation and reintegration of unaccompanied alien children into their country of nationality or of last habitual residence.
|
{"src": "billsum_train", "title": "Child Trafficking Victims Protection Act"}
| 3,182 | 189 | 0.536046 | 1.527278 | 0.839262 | 4.138728 | 16.895954 | 0.924855 |
That except as
otherwise expressly provided, whenever in this Act an amendment is
expressed in terms of an amendment to a section or other provision, the
reference shall be considered to be made to a section or other
provision of title 38, United States Code.
Section 1. Short Title.--This Act may be cited as the ``Department
Of Veterans Affairs Employment Reduction Assistance Act of 1996.''
Sec. 2. Definitions.--For the purpose of this Act--
(1) ``Department'' means the Department of Veterans
Affairs.
(2) ``employee'' means an employee (as defined by section
2105 of title 5, United States Code) who--
(A) is employed by the Department of Veterans
Affairs; (B) is serving under an appointment without
time limitation; and
(C) has been currently employed for a continuous
period of at least 12 months; but does not include--
(i) a reemployed annuitant under subchapter
III of chapter 83 or chapter 84 of title 5,
United States Code, or another retirement
system for employees of the Federal Government;
(ii) an employee having a disability on the
basis of which such employee is eligible for
disability retirement under the applicable
retirement system referred to in clause (i);
(iii) an employee who is in receipt of a
specific notice of involuntary separation for
misconduct or performance;
(iv) an employee who has accepted a final
offer of a voluntary separation incentive
payment, payable upon completion of an
additional period of service as referred to in
section 3(b)(2)(B)(ii) of the Federal Workforce
Restructuring Act of 1994 (Public Law 103-226;
108 Stat. 111);
(v) an employee who previously has received
any voluntary separation incentive payment by
the Federal Government under this Act or any
other authority and has not repaid such
payment; or
(vi) an employee covered by statutory
reemployment rights who is on transfer to
another organization.
(3) ``Secretary'' means the Secretary of
Veterans Affairs.
Sec. 3. Department Plans; Approval.--(a) If the Secretary
determines that, in order to improve the efficiency of operations or to
meet actual or anticipated levels of budgetary or staffing resources,
the number of employees employed by the Department must be reduced, the
Secretary may submit a plan to the Director of the Office of Management
and Budget to pay voluntary separation incentives under this Act to
employees of the Department who agree to separate from the Department
by retirement or resignation. The plan shall specify the planned
employment reductions and the manner in which such reductions will
improve operating efficiency or meet actual or anticipated levels of
budget or staffing resources. The plan shall include a proposed period
of time for the payment of voluntary separation incentives by the
Department and a proposed coverage for offers of incentives to
Department employees, targeting positions in accordance with the
Department's strategic alignment plan and downsizing initiatives. The
proposed coverage may be based on--
(1) any component of the Department;
(2) any occupation, level or type of position;
(3) any geographic location; or
(4) any appropriate combination of the factors in
paragraphs (1), (2), and (3).
(b) The Director of the Office of Management and Budget shall
approve or disapprove each plan submitted under subsection (a), and may
make appropriate modifications to the plan with respect to the time
period in which voluntary separation incentives may be paid on with
respect to the coverage of incentives on the basis of the factors in
subsection (a) (1) through (4).
Sec. 4. Voluntary Separation Incentive Payments.--(a) In order to
receive a voluntary separation incentive payment, an employee must
separate from service with the Department voluntarily (whether by
retirement of resignation) during the period of time for which the
payment of incentives has been authorized for the employee under the
Department plan under section 3.
(b) A voluntary separation incentive payment--
(1) shall be paid in a lump sum at the time of the
employee's separation:
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) of
title 5, United States Code (without adjustment for any
previous payment made under that section), if the
employee were entitled to payment under that section;
if the employee were entitled to payment under that
action; or
(B) if the employee separates--
(i) during fiscal year 1996 or 1997,
$25,000;
(ii) during fiscal year 1998, $20,000;
(iii) during fiscal year 1999, $15,000; or
(iv) during fiscal year 2000, $10,000;
(3) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit, except that this paragraph shall not apply to
unemployment compensation funded in whole or in part with
Federal funds;
(4) shall not be taken into account in determining the
amount of severance pay to which an employee may be entitled
under section 5595 of title 5, United States Code, based on any
other separation; and
(5) shall be paid from the appropriations or funds
available for payment of the basic pay of the employee.
Sec. 5. Effect of Subsequent Employment With the Government.--(a)
An individual who has received a voluntary separation incentive payment
under this Act and accepts any employment with the Government of the
United States within 5 years after the date of the separation on which
the payment is based shall be required to repay, prior to the
individual's first day of employment, the entire amount of the
incentive payment to the Department.
(b)(1) If the employment under subsection (a) is with an Executive
agency (as defined by section 105 of title 5, United States Code), the
United States Postal Service, or the Postal Rate Commission, the
Director of the Office of Personnel Management may, at the request of
the head of the agency, waive the repayment if the individual involved
possesses unique abilities and is the only qualified applicant
available for the position.
(2) If the employment under subsection (a) is with an entity in the
legislative branch, the head of the entity or the appointing official
may waive the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for the
position.
(3) If the employment under subsection (a) is with the judicial
branch, the Director of the Administrative Office of the United States
Courts may waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant available for the
position.
(c) For the purpose of this section, the term ``employment''--
(1) includes employment of any length or under any type of
appointment, but does not include employment that is without
compensation; and
(2) includes employment under a personal services contract,
as defined by the Director of the Office of Personnel
Management.
Sec. 6. Additional Agency Contributions to the Retirement Fund.--
(a) In addition to any other payments which it is required to make
under subchapter III of chapter 83 or chapter 84 of title 5, United
States Code, the Department shall remit to the Office of Personnel
Management for deposit in the Treasury of the United States to the
credit of the civil service retirement and disability fund an amount
equal to 15 percent of the final basic pay of each employee of the
Department who is covered under subchapter III of chapter 83 or chapter
84 of title 5 to whom a voluntary separation incentive has been paid
under this Act.
(b) For the purpose of this section, the term ``final basic pay'',
with respect to an employee, means the total amount of basic pay that
would be payable for a year of service by that employee, computed using
the employee's final rate of basic pay, and, if last serving on other
than a full-time basis, with appropriate adjustment therefor.
Sec. 7. Reduction of Agency Employment Levels.-- (a) Total full-
time equivalent employment in the Department shall be reduced by one
for each separation of an employee who receives a voluntary separation
incentive payment under this Act. The reduction will be calculated by
comparing the Department's full-time equivalent employment for the
fiscal year in which the voluntary separation payments are made with
the actual full-time equivalent employment for the prior fiscal year.
(b) The Office of Management and Budget shall monitor the
Department and take any action necessary to ensure that the
requirements of this section are met.
(c) Subsection (a) of this section may be waived upon a
determination by the President that--
(1) the existence of a state of war or other national
emergency so requires; or
(2) the existence of an extraordinary emergency which
threatens life, health, safety, property, or the environment so
requires.
Sec. 8. Reports.--(a) The Department, for each applicable quarter
of each fiscal year and not later than 30 days after the date of such
quarter, shall submit to the Office of Personnel Management a reporting
stating--
(1) the number of employees who receive voluntary
separation incentives for each type of separation involved;
(2) the average amount of the incentives paid;
(3) the average grade or pay level of the employees who
received incentives; and
(4) such other information as the Office may require.
(b) No later than March 31st of each fiscal year, the Office of
Personnel Management shall submit to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform and
Oversight of the House of Representatives a report which, with respect
to the preceding fiscal year, shall include--
(1) the number of employees who received voluntary
separation incentives;
(2) the average amount of such incentives;
(3) the average grade or pay level of the employees who
received incentives; and
(4) the number of waivers made under section 5 of this Act
in the repayment of voluntary separation incentives, and for
each such waiver--
(A) the reasons for the waiver; and
(B) the title and grade or pay level of the
position filled by each employee to whom the waiver
applied.
Sec. 9. Voluntary Participation in Reductions in Force.--Section
3502(f) of title 5, United States Code, is amended--
(1) in paragraph (1), by inserting ``,the Secretary of
Veterans Affairs,'' after ``Defense'';
(2) in paragraph (3), by inserting ``,the Department of
Veterans Affairs,'' after ``Defense'';
(3) by striking paragraph (4); and
(4) by redesignating paragraph (5) as paragraph (4); and
(5) by amending such paragraph (4), as so redesignated, by
striking ``1996'' and inserting ``2000'' in lieu thereof.
Sec. 10. Continued Health Insurance Coverage.--Section 8905a(d)(4)
of title 5, United States Code, is amended--
(1) in subparagraph (A) by striking ``in or under the
Department of Defense'';
(2) in subparagraph (B)--
(A) by striking ``1999'' in clause (i) and (ii) and
inserting ``2000''; and
(B) by striking ``2000'' in clause (ii) and
inserting ``2001''; and
(3) in subparagraph (C) by inserting ``by the agency''
after ``identified''.
Sec. 11. Regulations.--The Director of the Office of Personnel
Management may prescribe any regulations necessary to administer the
provisions of this Act.
Sec. 12. Limitation; Savings Clause.--(a) No voluntary separation
incentive under this Act may be paid based on the separation of an
employee after September 30, 2000;
(b) This Act supplements and does not supersede other authority of
the Secretary of Veterans Affairs.
|
Department of Veterans Affairs Employment Reduction Assistance Act of 1996 - Authorizes the Secretary of Veterans Affairs to submit to the Director of the Office of Management and Budget a plan to pay voluntary separation incentives to employees of the Department of Veterans Affairs. Provides for the determination and payment of incentive payments to such employees. Requires repayment of the entire payment if such former employee accepts employment with the Government within five years of the date of separation, with an authorized waiver by the appropriate official.
Requires an agency to contribute to the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each agency employee to whom an incentive has been paid.
Mandates the reduction of total full-time equivalent employees in each agency by one for each employee receiving an incentive payment, allowing a waiver of such reduction by the President in periods of war or national or extraordinary emergencies.
Requires: (1) the Department to submit quarterly reports to the Office of Personnel Management (OPM) concerning individuals receiving such payments; and (2) OPM to submit annual reports to specified congressional committees on such information.
Authorizes the Secretary to release volunteering employees in a reduction in force within the Department (currently, only the Secretaries of Defense or a military department are so authorized). Extends all such authority through FY 2000.
Provides for continued health insurance coverage for employees separated before October 1, 2001.
|
{"src": "billsum_train", "title": "Department of Veterans Affairs Employment Reduction Assistance Act of 1996"}
| 2,516 | 296 | 0.601349 | 1.737139 | 0.776232 | 2.650909 | 9.112727 | 0.861818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Church Insurance Protection Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) the recent incidents of arson attacks against churches
should be condemned; and
(2) houses of worship and their congregations should be
held harmless for the recent acts of arson and insurance
companies should be prohibited from taking punitive measures
against the churches and congregations because of the
occurrence of such acts.
SEC. 3. PROHIBITION OF CANCELING OR DECLINING TO RENEW FIRE INSURANCE
FOR RELIGIOUS PROPERTIES.
An insurer may not cancel or decline to renew any coverage for fire
insurance for a religious property based on--
(1) the race, color, religion, or national origin of the
members of the congregation for, members of, or participants
in, the religious organization or gathering that uses the
property (or the predominant number of such members or
participants);
(2) the status of the property as a religious property;
(3) any previous occurrence of arson against the property;
or
(4) any threat or perceived threat of arson against the
property.
SEC. 4. PROHIBITION OF DISCRIMINATION IN PREMIUM CHARGES.
An insurer may not require, as a condition of coverage for fire
insurance for a religious property, that the insured pay a premium or
contribution which is greater than the premium or contribution for
similar coverage for a similarly situated property, solely on the basis
of--
(1) the race, color, religion, or national origin of the
members of the congregation for, members of, or participants
in, the religious organization or gathering that uses the
property (or the predominant number of such members or
participants);
(2) the status of the property as a religious property;
(3) any previous occurrence of arson against the property;
or
(4) any threat or perceived threat of arson against the
property.
SEC. 5. ENFORCEMENT THROUGH DEPARTMENT OF JUSTICE.
(a) In General.--The authority and responsibility for investigating
violations of this Act and for enforcing this Act shall be in the
Attorney General.
(b) Complaints.--The Attorney General shall provide for persons
aggrieved under this Act to file complaints with the Attorney General
alleging violations of this Act and shall investigate such complaints
to determine whether the violations have occurred.
(c) Monitoring Compliance.--The Attorney General may, on the
Attorney General's own initiative, take such actions as the Attorney
General considers appropriate to investigate and determine compliance
with this Act.
SEC. 6. CIVIL ACTION.
(a) Cause of Action.--Whenever the Attorney General has reasonable
cause to believe that a violation of this Act has occurred and judicial
action is necessary to carry out the purposes of this Act, the Attorney
General may commence a civil action in any appropriate United States
district court.
(b) Relief.--In addition to other appropriate relief which may be
granted in a civil action, the court in a civil action under subsection
(a)--
(1) may award such preventive relief, including a permanent
or temporary injunction, restraining order, or other order
against the person responsible for a violation of this Act as
is necessary to ensure the full enjoyment of rights granted by
this Act (including an order of specific performance of any
contract for insurance coverage); and
(2) shall assess a civil penalty against the person
determined to violate this Act in an amount of--
(A) $50,000, for a first violation;
(B) $250,000, for a second violation; and
(C) $500,000, for a third or subsequent violation.
SEC. 7. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Coverage for fire insurance.--The term ``coverage for
fire insurance'' means any property and casualty insurance
coverage that includes insurance against losses, damages,
expenses, and liabilities caused by fires. The term includes
coverage under a policy for only the line of insurance for
losses from fires and coverage for such fire losses under a
policy that includes the fire line of insurance together with
other lines.
(2) Insurer.--The term ``insurer'' means any corporation,
association, society, order, firm, company, mutual,
partnership, individual, aggregation of individuals, or other
legal entity that is authorized to transact the business of
property or casualty insurance in any State or that is engaged
in a property or casualty insurance business.
(3) Religious property.--The term ``religious property''
means any church, synagogue, mosque, or other religious
property, and includes any buildings and support structures
used primarily for worship and related activities.
|
Church Insurance Protection Act - Prohibits an insurer from canceling, declining to renew, or requiring a higher premium or contribution for fire insurance for a religious property based on: (1) the race, color, religion, or national origin of property users; (2) the status of the property as religious property; (3) any previous arson against the property; or (4) any perceived arson threat. Places authority and responsibility for investigating and enforcing this Act in the Attorney General. Authorizes the Attorney General to begin a civil action. Authorizes preventive relief and mandates civil monetary damages.
|
{"src": "billsum_train", "title": "Church Insurance Protection Act"}
| 1,040 | 132 | 0.636216 | 1.6987 | 0.727972 | 4.435897 | 8.324786 | 0.880342 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Oil Displacement Act of
2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the strategic interests of the United States would be
served by a reduction in the Nation's dependence upon imported
oil to produce transportation fuels and other products vital to
both the domestic economy and national security;
(2) this goal would be served by the development of a
viable, commercially competitive synthetic fuels industry
reliant upon domestic coals and other plentiful, nontraditional
carbonaceous feedstocks; and
(3) temporary financial incentives are required to foster
private investment in the technology, design, construction, and
operation of strategic facilities capable of producing
synthetic fuels or synthetic gas on a commercial scale.
SEC. 3. CARBONACEOUS FUELS FACILITY CREDIT.
(a) Allowance of Carbonaceous Fuels Facility Credit.--Section 46 of
the Internal Revenue Code of 1986 is amended by striking ``and'' at the
end of paragraph (5), by striking the period at the end of paragraph
(6) and inserting ``, and'' and by inserting after paragraph (6) the
following new paragraph:
``(7) the carbonaceous fuels facility credit.''.
(b) Amount of Carbonaceous Fuels Facility Credit.--Subpart E of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after section 48D the following new section:
``SEC. 48E. CARBONACEOUS FUELS FACILITY CREDIT.
``(a) In General.--For purposes of section 46, the carbonaceous
fuels facility credit for any taxable year is an amount equal to 30
percent of the qualified investment in a carbonaceous fuels conversion
facility for such taxable year.
``(b) Qualified Investment.--For purposes of this section--
``(1) In general.--The term `qualified investment' means,
with respect to any taxable year, the basis of property placed
in service by the taxpayer during the taxable year as part of a
carbonaceous fuels conversion facility--
``(A)(i) the construction, reconstruction, or
erection of which is completed by the taxpayer, or
``(ii) which is acquired by the taxpayer if the
original use of such property commences with the
taxpayer,
``(B) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable, and
``(C) which has a useful life of not less than 3
years.
``(2) Special rule for sale-leasebacks.--For purposes of
paragraph (1)(A), in the case of a facility that--
``(A) is originally placed in service by a person,
and
``(B) is sold and leased back by such person, or is
leased to such person, within 3 months after the date
such facility was originally placed in service, for a
period of not less than 12 years,
such facility shall be treated as originally placed in service
not earlier than the date on which such property is used under
the leaseback (or lease) referred to in subparagraph (B). The
preceding sentence shall not apply to any property if the
lessee and lessor of such property make an election under this
sentence. Such an election, once made, may be revoked only with
the consent of the Secretary.
``(3) Certain qualified progress expenditures rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(c) Carbonaceous Fuels Conversion Facility.--
``(1) In general.--For purposes of this section, the term
`carbonaceous fuels conversion facility' means a facility of
the taxpayer used to produce a qualified fuel.
``(2) Qualified fuel.--For purposes of paragraph (1), the
term `qualified fuel'--
``(A) has the meaning given such term by section
45K(c), except that
``(B) in applying section 45K(c)(1)(C), the term
`coal' includes--
``(i) peat, and
``(ii) any byproduct (including synthetic
gas) or chemical--
``(I) that is from a coal, culm, or
silt preparation facility, and
``(II) that contains fixed carbon
derived from coal.
``(d) Coordination With Other Credits.--This section shall not
apply to any property with respect to which any other credit is allowed
unless the taxpayer elects to waive the application of such other
credits to such property.
``(e) Credit May Be Assigned.--
``(1) In general.--If any taxpayer elects the application
of this subsection for any taxable year, the amount of credit
determined under this section for such year which would (but
for this subsection) be allowable to the taxpayer shall be
allowable to the person designated by the taxpayer. Such amount
shall be determined by applying this section separately from
section 38 for such year. The person so designated shall be
treated as the taxpayer with respect to this section (other
than this subsection) for purposes of this title (other than
this paragraph).
``(2) Treatment of amounts paid for assignment.--If any
amount is paid to the person who assigns the credit determined
under this section, no portion of such amount shall be
includible in such person's gross income.
``(f) Application of Section.--This section shall apply to periods
after the date of the enactment of this section and before January 1,
2024, under rules similar to the rules of section 48(m) (as in effect
on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990).''.
(c) Recapture.--
(1) In general.--Subsection (a) of section 50 of such Code
is amended by adding at the end the following new paragraph:
``(6) Special rules relating to carbonaceous fuels
conversion facility.--For purposes of applying this subsection
in the case of any credit allowable by reason of section 48E,
the following shall apply:
``(A) In general.--In lieu of the amount of the
increase in tax under paragraph (1), the increase in
tax shall be an amount equal to the investment tax
credit allowed under section 38 for all prior taxable
years with respect to a carbonaceous fuels conversion
facility (as defined by section 48E(c)) multiplied by a
fraction whose numerator is the number of years
remaining to fully depreciate under this chapter the
carbonaceous fuels conversion facility disposed of, and
whose denominator is the total number of years over
which such facility would otherwise have been subject
to depreciation. For purposes of the preceding
sentence, the year of disposition of the carbonaceous
fuels conversion facility property shall be treated as
a year of remaining depreciation.
``(B) Property ceases to qualify for progress
expenditures.--Rules similar to the rules of paragraph
(2) shall apply in the case of qualified progress
expenditures for a carbonaceous fuels conversion
facility under section 48E, except that the amount of
the increase in tax under subparagraph (A) of this
paragraph shall be substituted in lieu of the amount
described in such paragraph (2).''.
(2) Paragraph (4) of section 50(a) of such Code is amended
by striking ``and (2)'' and inserting ``, (2), and (6)''.
(d) Application of At-Risk Rules.--Subparagraph (C) of section
49(a)(1) of such Code is amended by striking ``and'' at the end of
clause (v), by striking the period at the end of clause (vi) and
inserting ``, and'', and by adding at the end thereof the following new
clause:
``(vii) the portion of the basis of any
carbonaceous fuels conversion facility
attributable to any qualified investment (as
defined by section 48E(b)).''.
(e) Clerical Amendment.--The table of sections for subpart E of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 48D the following new
item:
``Sec. 48E. Carbonaceous fuels facility credit.''
(f) Effective Date.--The amendments made by this section shall
apply taxable years ending after the date of the enactment of this Act.
SEC. 4. EXEMPTION FROM MANUFACTURERS EXCISE TAX ON FUELS.
(a) In General.--Subsection (a) of section 4083 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Qualified carbonaceous fuel.--
``(A) Exemption.--The terms `taxable fuel',
`gasoline', `diesel fuel' and `kerosene' do not include
qualified carbonaceous fuel or that portion of a blend
that is qualified carbonaceous fuel.
``(B) Qualified carbonaceous fuel defined.--For
purposes of subparagraph (A), the term `qualified
carbonaceous fuel' means qualified fuel produced by a
carbonaceous fuels conversion facility.
``(C) Other definitions.--For purposes of
subparagraph (B), the terms `qualified fuel' and
`carbonaceous fuels conversion facility' have the
meaning given such terms by section 48E.
``(D) Application of paragraph.--This paragraph
shall apply during the period beginning on the 91st day
after the date of the enactment of this paragraph and
ending on December 31, 2023.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
|
Foreign Oil Displacement Act of 2010 - Amends the Internal Revenue Code to: (1) allow a tax credit for investment in a carbonaceous fuels facility; (2) allow a new 30% tax credit for investment in a carbonaceous fuels conversion facility; and (3) exempt from the manufacturer's excise tax on fuels carbonaceous fuel or any portion of a blend that is carbonaceous fuel. Defines "carbonaceous fuels conversion facility" as a facility for producing fuels from nonconventional sources using coal, including peat and any byproduct (including synthetic gas) or chemical that is from a coal, culm, or silt preparation facility and that contains fixed carbon derived from coal.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an investment credit to promote the conversion of United States coal and domestic carbonaceous feedstocks into synthetic fuels and synthetic gas."}
| 2,254 | 163 | 0.572259 | 1.518937 | 0.763043 | 3.18254 | 15.674603 | 0.896825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Appalachian Communities Health
Emergency Act'' or the ``ACHE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Communities surrounding mountaintop removal coal mining
projects, which involve surface coal mining including blasting
with explosives in the steep slope regions of Kentucky,
Tennessee, West Virginia, and Virginia, have raised concerns
that pollution of the water, air, and soil that results from
mountaintop removal coal mining may be causing health crises in
their communities.
(2) Peer-reviewed scientific research and reports have
raised serious concerns about mountaintop removal mining with
respect to elevated risks in categories of birth defects
studied: circulatory/respiratory, central nervous system,
musculoskeletal, and gastrointestinal.
(3) Mountaintop removal coal mining has also been
associated with elevated levels of adult hospitalizations for
chronic pulmonary disorders and hypertension that are elevated
as a function of county-level coal production, as are rates of
mortality; lung cancer; and chronic heart, lung, and kidney
disease. These health problems strike both women and men in
mountaintop removal coal mining communities. These elevated
levels of disease, defects, and mortality persist even after
controlling for other variables.
(4) Initial scientific evidence, and the level of public
concern, warrant immediate action to stop new mountaintop
removal coal mining permits and increase environmental and
human health monitoring at existing mountaintop removal coal
mining projects while the reported links between health effects
and mountaintop removal coal mining are investigated by Federal
health agencies.
(5) The National Institute of Environmental Health Sciences
is uniquely qualified to manage a working group of Federal
health agencies with expertise that is relevant to study of the
reported links.
SEC. 3. HEALTH STUDIES.
(a) Studies.--The Director of the National Institute of
Environmental Health Sciences, in consultation with the Administrator
of the Environmental Protection Agency and the heads of such other
Federal departments and agencies as the Director deems appropriate,
shall--
(1) conduct or support comprehensive studies on the health
impacts, if any, of mountaintop removal coal mining on
individuals in the surrounding communities; and
(2) submit to the Secretary, and make publicly available, a
report on the results of such studies.
(b) Determination.--Upon receipt of the report under subsection
(a)(2), the Secretary of Health and Human Services shall publish a
determination on whether mountaintop removal coal mining presents any
health risks to individuals in the surrounding communities.
SEC. 4. MOUNTAINTOP REMOVAL COAL MINING PERMIT MORATORIUM.
Until and unless the Secretary of Health and Human Services
publishes a determination under section 3(b) concluding that
mountaintop removal coal mining does not present any health risk to
individuals in the surrounding communities, a permit or other
authorization may not be issued for any mountaintop removal coal mining
project, or for any expansion of such a project, by--
(1) the Secretary of the Army, acting through the Chief of
Engineers, or a State, under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(2) the Administrator of the Environmental Protection
Agency, or a State, under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342); or
(3) the Secretary of the Interior, acting through the
Office of Surface Mining Reclamation and Enforcement, or a
State, under the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 et seq.).
SEC. 5. MOUNTAINTOP REMOVAL COAL MINING CONTINUOUS HEALTH AND
ENVIRONMENTAL MONITORING.
(a) Requirement.--Until the Secretary of Health and Human Services
publishes a determination under section 3(b)--
(1) any person conducting a mountaintop removal coal mining
project shall--
(A) conduct continuous monitoring for any pollution
of water and air (including noise) and frequent
monitoring of soil as a result of such project for the
purposes of comprehensively--
(i) characterizing any pollution emitted
from the project; and
(ii) identifying ways in which members of
affected communities might be exposed to these
emissions; and
(B) submit the results of such monitoring to the
Secretary on a monthly basis; and
(2) the Secretary shall make such results available to the
public through the World Wide Web in a searchable database
format not later than 7 days after the date on which the
Secretary receives such results.
(b) Enforcement.--If a person conducting a mountaintop removal coal
mining project fails to conduct monitoring and submit results in
connection with such project as required by subsection (a), a permit or
other authorization may not be issued for the mountaintop removal coal
mining project, or for an expansion of such project, by--
(1) the Secretary of the Army, acting through the Chief of
Engineers, or a State, under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(2) the Administrator of the Environmental Protection
Agency, or a State, under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342); or
(3) the Secretary of the Interior, acting through the
Office of Surface Mining Reclamation and Enforcement, or a
State, under the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 et seq.).
SEC. 6. FEE TO PAY FOR HEALTH STUDIES AND MONITORING.
(a) Collection and Assessment.--The President, acting through the
Office of Surface Mining Reclamation and Enforcement of the Department
of the Interior, shall assess and collect from each person that, as of
the date of the enactment of this Act, is conducting a mountaintop
removal coal mining project in the United States a one-time fee in an
amount sufficient to recover the Federal cost of implementing sections
3 and 5.
(b) Use of Fee.--Amounts received by the United States as a fee
under this section may be used, to the extent and in the amount
provided in advance in appropriations Acts, only to pay the Federal
cost of carrying out sections 3 and 5.
SEC. 7. DEFINITIONS.
In this Act:
(1) Mountaintop removal coal mining.--The term
``mountaintop removal coal mining'' means surface coal mining
that uses blasting with explosives in the steep slope regions
of Kentucky, Tennessee, West Virginia, and Virginia.
(2) Steep slope.--The term ``steep slope'' has the meaning
that term has under section 515(d)(4) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1265(d)(4)).
|
Appalachian Communities Health Emergency Act or ACHE Act Requires the Director of the National Institute of Environmental Health Sciences to conduct or support comprehensive studies on the health impacts of mountaintop removal coal mining on individuals in the surrounding communities. Directs the Secretary of Health and Human Services, upon receipt of a report on study results, to publish a determination of whether such mining presents any health risks to individuals in those communities. Defines "mountaintop removal coal mining" as surface coal mining that uses blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia. Prohibits issuance of an authorization for any mountaintop removal coal mining project (or expansion), under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) or the Surface Mining Control and Reclamation Act of 1977, until and unless the Secretary publishes a determination that such mining does not present any health risk to individuals in the surrounding communities. Imposes requirements for continuous monitoring of air, noise, and water pollution and frequent monitoring of soil until a determination by the Secretary is made. Directs the President, acting through the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior, to assess a one-time fee upon persons that conduct such mining projects, sufficient to cover the federal cost of the health studies and pollution monitoring required by this Act.
|
{"src": "billsum_train", "title": "ACHE Act"}
| 1,475 | 297 | 0.645942 | 2.252319 | 0.893478 | 4.103846 | 5.161538 | 0.919231 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy Policy Act
Amendments of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ALTERNATIVE FUELS--GENERAL
Sec. 101. Definitions.
Sec. 102. Amendments to the Energy Policy and Conservation Act.
Sec. 103. Compliance with acquisition requirements.
Sec. 104. Fuel and vehicle neutrality.
TITLE II--ALTERNATIVE FUELS--NON-FEDERAL PROGRAMS
Sec. 201. State and local incentives programs.
Sec. 202. Alternative fuel bus program.
Sec. 203. Alternative fuel use in nonroad vehicles and engines.
TITLE III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE
FUELS, AND ALTERNATIVE FUELED PRIVATE VEHICLES
Sec. 301. Modification of goals; additional rulemaking authority.
Sec. 302. Credits.
Sec. 303. Secretary's recommendation to Congress.
TITLE I--ALTERNATIVE FUELS--GENERAL
SEC. 101. DEFINITIONS.
Section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211) is
amended--
(1) in paragraph (2), by inserting ``biodiesel; biodiesel
mixtures containing 20 percent or more by volume of biodiesel
with other fuels'' after ``biological materials;'';
(2) by redesignating paragraphs (11) through (14) as
paragraphs (13), (15), (16), and (17), respectively;
(3) by inserting after paragraph (10) the following new
paragraphs:
``(11) the term `heavy duty marine vessel' means a marine
vessel of greater than 8,500 pounds gross weight rating;
``(12) the term `heavy duty motor vehicle' means a motor
vehicle of greater than 8,500 pounds gross vehicle weight
rating;'';
(4) by inserting after paragraph (13) (as so redesignated
by paragraph (2) of this section) the following new paragraph:
``(14) the term `marine vessel' means a motorized
watercraft or other artificial contrivance used as a means of
transportation primarily on the navigable waters of the United
States;''; and
(5) in paragraph (15) (as so redesignated by paragraph (2)
of this section), by inserting ``biodiesel, biodiesel mixtures
containing 20 percent or more by volume of biodiesel with other
fuels,'' after ``biological materials,''.
SEC. 102. AMENDMENTS TO THE ENERGY POLICY AND CONSERVATION ACT.
Section 400AA of the Energy Policy and Conservation Act (42 U.S.C.
6374) is amended--
(1) in the second sentence of subsection (a)(3)(B), by
striking ``if, after conversion,'' and inserting in lieu
thereof ``, and existing fleet vehicles may be converted to use
alternative fuels and considered an acquisition, if, after
either such type of conversion,''; and
(2) in subsection (g)(2), by inserting ``biodiesel;
biodiesel mixtures containing 20 percent or more by volume of
biodiesel with other fuels;'' after ``biological materials;''.
SEC. 103. COMPLIANCE WITH ACQUISITION REQUIREMENTS.
Title III of the Energy Policy Act of 1992 (42 U.S.C. 13211 et
seq.) is amended by adding at the end the following new section:
``SEC. 312. COMPLIANCE WITH ACQUISITION REQUIREMENTS.
``(a) Conversion.--The conversion of a vehicle owned as part of a
fleet into an alternative fueled vehicle shall be considered as an
acquisition of an alternative fueled vehicle for purposes of compliance
with a requirement to acquire alternative fueled vehicles under this
title or title IV or V, if after the conversion the original equipment
manufacturer's warranty continues to apply to the vehicle, pursuant to
an agreement between the original equipment manufacturer and the person
performing the conversion.
``(b) Heavy Duty Vehicles.--The acquisition of 1 heavy duty vehicle
that is an alternative fueled vehicle, or the acquisition or conversion
of 1 heavy duty marine vessel described in subsection (c), shall be
considered as the acquisition of 2 light duty alternative fueled
vehicles for purposes of compliance with a requirement to acquire
alternative fueled vehicles under this title or title IV or V.
``(c) Marine Vessels.--The--
``(1) acquisition of a marine vessel that operates solely
on alternative fuels or that is capable of operating on
alternative fuels and is capable of operating on gasoline or
diesel fuel; or
``(2) conversion of a marine vessel already owned into a
marine vessel described in paragraph (1), if after conversion
the original equipment manufacturer's warranty continues to
apply to the marine vessel, pursuant to an agreement between
the original equipment manufacturer and the person performing
the conversion,
shall be considered as the acquisition of an alternative fueled vehicle
for purposes of compliance with a requirement to acquire alternative
fueled vehicles under this title or title IV or V.
``(d) Alternative Fuel Use.--
``(1) In general.--The acquisition by a fleet or covered
person of a volume of alternative fuel equal to the total
estimated fuel requirements for 1 year of a dual fueled
vehicle--
``(A) that is part of that fleet or owned by that
covered person; and
``(B) with respect to which no credit has been
claimed under this paragraph for the same year,
shall be credited by the Secretary as the acquisition of 1
alternative fueled vehicle for purposes of compliance with a
requirement to acquire alternative fueled vehicles under this
title or title IV or V.
``(2) Accounting.--In allowing a credit under paragraph
(1), the Secretary may request a Federal agency or require a
covered person to provide an accounting of the required
acquisition of alternative fuel.
``(3) Guidelines.--The Secretary shall amend the guidelines
required under section 308 to enable Federal agencies to better
comply with paragraph (1) of this subsection.''.
SEC. 104. FUEL AND VEHICLE NEUTRALITY.
Title III of the Energy Policy Act of 1992 (42 U.S.C. 13211 et
seq.) is further amended by adding at the end the following new
section:
``SEC. 313. FUEL AND VEHICLE NEUTRALITY.
``The Secretary shall carry out this title and titles IV and V in a
manner that is, to the maximum extent practicable, neutral with respect
to the type of alternative fuel and alternative fueled vehicle used.''.
TITLE II--ALTERNATIVE
FUELS--NON-FEDERAL PROGRAMS
SEC. 201. STATE AND LOCAL INCENTIVES PROGRAMS.
(a) Establishment of Program.--Section 409(a) of the Energy Policy
Act of 1992 (42 U.S.C. 13235(a)) is amended--
(1) in paragraph (2)(A), by striking ``alternative fueled
vehicles'' and inserting in lieu thereof ``light duty and heavy
duty alternative fueled vehicles and increasing the use of
alternative fuels''; and
(2) in paragraph (3)--
(A) in subparagraph (B), by inserting ``converted
or acquired'' after ``introduction of'';
(B) in subparagraph (E), by inserting ``, along
with incentives toward use of, and reporting
requirements relating to, such fuels'' after ``fueled
vehicles''; and
(C) in subparagraph (G)--
(i) by redesignating clauses (i) through
(iii) as clauses (ii) through (iv),
respectively; and
(ii) by inserting before clause (ii), as so
redesignated, the following new clause:
``(i) alternative fuels;''.
(b) Federal Assistance to States.--Section 409(b) of the Energy
Policy Act of 1992 (42 U.S.C. 13235(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following:
``(D) grants of Federal financial assistance for the
incremental purchase cost of alternative fuels.'';
(2) in paragraph (2)(B), by inserting ``and the volume of
alternative fuel likely to be consumed'' after ``be
introduced''; and
(3) in paragraph (3)--
(A) by inserting ``alternative fuels and'' after
``in procuring''; and
(B) by inserting ``fuels and'' after ``of such''.
(c) General Provisions.--Section 409(c)(2)(A) of the Energy Policy
Act of 1992 (42 U.S.C. 13235(c)(2)(A)) is amended by inserting ``and
volume of alternative fuel consumed'' after ``alternative fueled
vehicles in use''.
SEC. 202. ALTERNATIVE FUEL BUS PROGRAM.
Section 410(c) of the Energy Policy Act of 1992 (42 U.S.C.
13236(c)) is amended in the second sentence by striking ``and the
conversion of school buses to dedicated vehicles'' and inserting ``the
incremental cost of alternative fuels used in dual fueled school buses,
and the conversion of school buses to alternative fueled vehicles''.
SEC. 203. ALTERNATIVE FUEL USE IN NONROAD VEHICLES AND ENGINES.
Section 412 of the Energy Policy Act of 1992 (42 U.S.C. 13238) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``a
study'' and inserting in lieu thereof
``studies''; and
(ii) in the second sentence--
(I) by striking ``study'' and
inserting in lieu thereof ``studies'';
and
(II) by striking ``2 years'' and
inserting in lieu thereof ``6 and 10
years'';
(B) in paragraph (2)--
(i) by striking ``study'' each place it
appears and inserting in lieu thereof
``studies''; and
(ii) in the second sentence, by inserting
``and engines'' after ``such vehicles''; and
(C) in paragraph (3)--
(i) by striking ``report'' and inserting in
lieu thereof ``reports''; and
(ii) by striking ``may'' and inserting in
lieu thereof ``shall'';
(2) in subsection (b), by inserting ``marine vessels,''
after ``vehicles or engines used for marine purposes,''; and
(3) in subsection (c), by striking ``study'' and inserting
in lieu thereof ``studies''.
TITLE III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE
FUELS, AND ALTERNATIVE FUELED PRIVATE VEHICLES
SEC. 301. MODIFICATION OF GOALS; ADDITIONAL RULEMAKING AUTHORITY.
Section 504(a) of the Energy Policy Act of 1992 (42 U.S.C.
13254(a)) is amended by striking ``Within 3 years after the date of
enactment of this Act, and periodically thereafter'' and inserting in
lieu thereof ``Before October 1, 1998, and before October 1, 2003''.
SEC. 302. CREDITS.
Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) is
amended by adding at the end the following new subsection:
``(e) Alternative Compliance Credits.--Any action which is
considered or credited as an acquisition of an alternative fueled
vehicle under section 312 shall be eligible for a credit under this
section as if it were such an acquisition.''.
SEC. 303. SECRETARY'S RECOMMENDATION TO CONGRESS.
Section 509(a) of the Energy Policy Act of 1992 (42 U.S.C.
13259(a)) is amended--
(1) in paragraph (2)--
(A) by inserting ``, including through conversion
and warranty,'' after ``public alternative fueled
vehicles''; and
(B) by striking ``and'' at the end;
(2) in paragraph (3) by striking the comma at the end and
inserting in lieu thereof ``; and''; and
(3) by adding after paragraph (3) the following new
paragraph:
``(4) exempting replacement fuels from taxes levied on
nonreplacement fuels,''.
|
TABLE OF CONTENTS:
Title I: Alternative Fuels--General
Title II: Alternatives Fuels--Non-Federal Programs
Title III: Availability and Use of Replacement Fuels,
Alternative Fuels, and Alternative Private Vehicles
Energy Policy Act Amendments of 1997 -
Title I: Alternative Fuels--General
- Amends the Energy Policy Act of 1992 to: (1) include biodiesel fuels as alternative fuels; (2) modify definitions relating to heavy duty motor vehicles and marine vessels; and (3) include among replacement fuels those fuels derived from biodiesel.
(Sec. 102) Amends the Energy Policy and Conservation Act to provide that, if alternative-fueled light duty Federal vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to alternative fuel-use if the original manufacturer's warranty continues to apply to such vehicles.
(Sec. 103) Amends the Energy Policy Act of 1992 to prescribe compliance guidelines governing the conversion of Federal fleet vehicles into alternative-fueled vehicles.
Title II: Alternative Fuels -- Non-Federal Programs
- Requires State and local incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative-fueled vehicles in State-owned or operated motor vehicle fleets.
(Sec. 201) Authorizes the Secretary of Energy (the Secretary) to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel likely to be consumed.
(Sec. 202) Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative-fuels used in dual fueled school buses, and the conversions of such buses to alternative-fueled vehicles.
(Sec. 203) Directs the Secretary to conduct studies regarding the use of alternative fuels in nonroad vehicles, including marine vessels.
Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles
- Modifies the deadline for the Secretary to evaluate whether program goals have been achieved with respect to the replacement fuel supply and demand program.
(Sec. 302) Modifies credit allocation guidelines governing alternative-fueled vehicle acquisitions to deem certain acquisitions (conversions of existing vehicles) as alternative compliance credits.
(Sec. 303) Directs the Secretary to submit to the Congress recommendations for requirements or incentives for: (1) suppliers of alternative-fueled vehicles to make such vehicles available to the public through conversion and warranty; and (2) exempting replacement fuels from taxes levied on nonreplacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary.
|
{"src": "billsum_train", "title": "Energy Policy Act Amendments of 1997"}
| 3,005 | 642 | 0.726074 | 2.08515 | 0.691704 | 2.489399 | 4.491166 | 0.853357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Build, Update, Improve, Lift, and
Design Health Centers Act of 2007'' or the ``BUILD Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Many health care experts believe that lack of access to
basic health services is our Nation's single most pressing
health care problem. There are 56,000,000 Americans that do not
have access to a primary care provider, whether they have
health insurance or not. In addition, more than 45,000,000
Americans lack health insurance and have difficulty accessing
care due to the inability to pay for such care.
(2) Health centers, including community health centers,
migrant health centers, health centers for the homeless, and
public housing health centers, address the health care access
problem by providing primary care services in thousands of
rural and urban medically-underserved communities throughout
the United States.
(3) Health centers provide basic health care services to
16,000,000 Americans each year, including nearly 9,500,000
minorities, 850,000 farmworkers, and 750,000 homeless
individuals. One in five children from low-income families
receives care through health centers.
(4) Studies show that health centers provide high-quality
and cost-effective health care. The average yearly cost for a
health center patient is approximately $1.25 per day.
(5) One of the most effective ways to address America's
health care access problem is by dramatically expanding access
to health centers, as both the Senate and the President have
proposed.
(6) Many existing health centers operate in facilities that
desperately need renovation or modernization. Thirty percent of
health centers are located in buildings that are more than 30
years old, with 12 percent of such centers operating out of
facilities that are more than 50 years old. In a survey of
health centers in 11 States, 2/3 of those centers identified a
need to improve, expand, or replace their current facility. An
extrapolation based on this survey indicates there may be as
much as $2,200,000,000 in unmet capital needs in our Nation's
health centers.
(7) Dramatically increasing access to health centers
requires building new facilities in communities that have
access problems and lack a health center.
(8) Health centers often do not have the means to pay for
capital improvements or new facilities. While most health
centers raise some funds through private donations, it is
difficult to raise sufficient amounts for capital needs without
a middle-upper-class donor base similar to other nonprofit
organizations like universities and hospitals.
(9) Health centers have a limited ability to support loan
payments. Due to an increasing number of uninsured patients and
the fact that many health care reimbursements are less than the
cost of care, health centers rarely have more than minimal
positive operating margins. Yet lenders are rarely willing to
take risks on nonprofit organizations without these positive
margins.
(10) While the Federal Government currently provides grants
to health centers to assist with operational expenses used to
provide care to a medically underserved population, there is no
authority to provide grants to assist health centers to meet
capital needs, such as construction of new facilities or
modernization, expansion, or replacement of existing buildings.
(11) To assist health centers with their mission of
providing health care to the medically underserved, the Federal
Government should supplement local efforts to meet the capital
needs of health centers.
SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Health Care Facility Grants and Loan Guarantees.--Subpart I of
part D of title III of the Public Health Service Act (42 U.S.C. 254b et
seq.) is amended by adding at the end the following:
``SEC. 330R. HEALTH CARE FACILITY GRANTS AND LOAN GUARANTEES.
``(a) Eligible Health Center Defined.--In this section, the term
`eligible health center' means a health center that receives--
``(1) a grant, on or after the date of enactment of this
section, under subsection (c)(1)(A), (e)(1)(A), (e)(1)(B), (f),
(g), (h), or (i) of section 330; or
``(2) a subgrant, on or after the date of enactment of this
section, from a grant awarded under such provision of law.
``(b) Grant Program Authorized.--
``(1) In general.--The Secretary may award grants to
eligible health centers to pay for the costs described in
paragraph (2).
``(2) Use of funds.--An eligible health center that
receives a grant under paragraph (1) may use the grant funds
to--
``(A) modernize, expand, and replace existing
facilities at such center; and
``(B) construct new facilities at such center.
``(3) Limitation.--
``(A) In general.--Subject to subparagraph (B), the
Federal share of a grant awarded under paragraph (1) to
expand an existing, or construct a new, facility shall
not exceed 90 percent of the total cost of the project
(including interest payments) proposed by the eligible
health center.
``(B) Exception.--The Federal share maximum under
subparagraph (A) shall not apply if--
``(i) the total cost of the project
proposed by the eligible health center is less
than $750,000; or
``(ii) the Secretary waives such maximum
upon a showing of good cause.
``(c) Facility Loan Guarantees.--
``(1) In general.--
``(A) In general.--The Secretary shall establish a
program under which the Secretary may guarantee not
less than 90 percent of the principal and interest on
the total amount of loans made to an eligible health
center by non-Federal lenders in order to pay for the
costs associated with a capital needs project described
in subparagraph (B).
``(B) Projects.--Capital needs projects under this
subsection include--
``(i)(I) acquiring, leasing, modernizing,
expanding, or replacing existing facilities;
``(II) constructing new facilities; or
``(III) purchasing or leasing equipment; or
``(ii) the costs of refinancing loans made
for any of the projects described in clause
(i).
``(C) Not a federal subsidy.--Any loan guarantee
issued pursuant to this subsection shall not be deemed
a Federal subsidy for any other purpose.
``(2) Authority for loan guarantee program.--With respect
to the program established under paragraph (1), the Secretary
shall assume such authority--
``(A) as the Secretary has under paragraphs (2) and
(4) of section 330; and
``(B) under section 1620 as the Secretary
determines is necessary and appropriate.
``(3) Health center project applications.--The Secretary
shall require that all applicants for grants and loans under
this section--
``(A) comply with the conditions set forth in
section 1621, as in effect on the date of enactment of
this section, with respect to activities authorized for
assistance under subsections (b)(2) and (c)(1)(B) in
the same manner that applicants for loans, loan
guarantees, or grants for medical facilities projects
under such section are required to comply with such
conditions, unless such conditions are, by their terms,
otherwise inapplicable; and
``(B)(i) give priority to contractors that employ
substantial numbers of workers who reside in the area
to be served by the health center; and
``(ii) include in the construction contract
involved a requirement that the contractor will give
priority in hiring new employees to residents of such
area.
``(4) Definitions.--In this subsection:
``(A) Facilities.--The term `facilities' means a
building or buildings used by a health center, in whole
or in part, to provide services permitted under section
330 and for such other purposes as are not specifically
prohibited under such section as long as such use
furthers the objectives of the health center.
``(B) Non-federal lender.--The term `non-Federal
lender' means any entity other than an agency or
instrumentality of the Federal Government authorized by
law to make loans, including a federally-insured bank,
a lending institution authorized or licensed to make
loans by the State in which it is located, a community
development finance institution or community
development entity (as designated by the Secretary of
the Treasury), any such lender as the Secretary may
designate, and a State or municipal bonding authority
or such authority's designee.
``(d) Evaluation.--Not later than 3 years after the date of
enactment of this section, the Secretary shall prepare a report
containing an evaluation of the programs authorized under this section.
Such report shall include recommendations on how this section can be
improved to better help health centers meet such centers' capital needs
in order to expand access to health care in the United States.
``(e) Authorization.--For the purpose of carrying out this section,
the Secretary shall use not more than 5 percent of any funds
appropriated pursuant to section 330(s) (relating to authorization of
appropriations). In addition, funds appropriated for fiscal years 1997
and 1998 under the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Acts of 1997 and 1998,
which were made available for loan guarantees for loans made by non-
Federal lenders for construction, renovation, and modernization of
medical facilities that are owned and operated by health centers and
which have not been expended, shall be made available for loan
guarantees under this section.''.
(b) Authorization of Appropriations.--Section 330(r)(1) of the
Public Health Service Act (42 U.S.C. 254b(r)(1)) (relating to
authorization of appropriations) is amended by striking ``this
section'' and inserting ``this section and section 330R''.
|
Build, Update, Improve, Lift, and Design Health Centers Act of 2007 or the BUILD Act Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to health centers to: (1) modernize, expand, and replace existing facilities; and (2) construct new facilities at such centers.
Requires the Secretary to establish a loan guarantee program for loans to health centers for capital need projects, including: (1) acquiring, leasing, modernizing, expanding, or replacing existing facilities; (2) constructing new facilities; (3) purchasing or leasing equipment; and (4) the costs of refinancing loans made for any such projects.
|
{"src": "billsum_train", "title": "A bill to amend part D of title III of the Public Health Service Act to authorize grants and loan guarantees for health centers to enable the centers to fund capital needs projects, and for other purposes."}
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SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.
(a) Establishment.--There is established a Commission on Structural
Alternatives for the Federal Courts of Appeals (hereinafter referred to
as the ``Commission'').
(b) Functions.--The functions of the Commission shall be to--
(1) study the present division of the United States into
the several judicial circuits;
(2) study the structure and alignment of the Federal court
of appeals system, with particular reference to the Ninth
Circuit; and
(3) report recommendations to the President and Congress on
appropriate changes in circuit boundaries or structure for the
expeditious and effective disposition of the caseload of the
Federal Courts of Appeal, consistent with fundamental concepts
of fairness and due process.
SEC. 2. MEMBERSHIP.
(a) Composition.--The Commission shall be composed of 8 members
appointed as follows:
(1) One member appointed by the President of the United
States.
(2) Three members appointed by the Majority Leader of the
Senate.
(3) Three members appointed by the Speaker of the House of
Representatives.
(4) One member appointed by the Chief Justice of the United
States.
(b) Vacancy.--Any vacancy on the Commission shall be filled in the
same manner as the original appointment.
(c) Chair.--The Commission shall elect a Chair and Vice Chair from
among its members.
(d) Quorum.--Four members of the Commission shall constitute a
quorum, but 3 may conduct hearings.
SEC. 3. COMPENSATION.
(a) In General.--Members of the Commission who are Federal officers
or employees shall receive no additional compensation for their
services, but shall be reimbursed for travel, subsistence, and other
necessary expenses incurred in the performance of duties vested in the
Commission, but not in excess of the maximum amounts authorized under
section 456 of title 28, United States Code.
(b) Non-Federal Members.--Any member of the Commission who is not a
Federal officer or employee shall receive $200 per diem for each day
(including travel time) during which the member is engaged in the
actual performance of duties vested in the Commission, plus
reimbursement for travel, subsistence, and other necessary expenses
incurred in the performance of such duties, but not in excess of the
maximum amounts authorized under section 456 of title 28, United States
Code.
SEC. 4. PERSONNEL.
(a) Executive Director.--The Commission may appoint an Executive
Director who shall receive compensation at a rate not exceeding the
rate prescribed for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) Staff.--The Executive Director, with the approval of the
Commission, may appoint and fix the compensation of such additional
personnel as the Executive Director determines necessary, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service or the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates. Compensation under this
subsection shall not exceed the annual maximum rate of basic pay for a
position above GS-15 of the General Schedule under section 5108 of
title 5, United States Code.
(c) Experts and Consultants.--The Executive Director may procure
personal services of experts and consultants as authorized under
section 3109 of title 5, United States Code, at rates not to exceed the
highest level payable under the General Schedule pay rates under
section 5332 of title 5, United States Code.
(d) Services.--The Administrative Office of the United States
Courts shall provide administrative services, including financial and
budgeting services, for the Commission on a reimbursable basis. The
Federal Judicial Center shall provide necessary research services on a
reimbursable basis.
SEC. 5. INFORMATION.
The Commission is authorized to request from any department,
agency, or independent instrumentality of the Government any
information and assistance the Commission determines necessary to carry
out its functions under this Act. Each such department, agency, and
independent instrumentality is authorized to provide such information
and assistance to the extent permitted by law when requested by the
Chair of the Commission.
SEC. 6. REPORT.
No later than 1 year after the date of the enactment of this Act,
or June 30, 1998, whichever occurs first, the Commission shall submit a
report to the President and the Congress. The Commission shall
terminate 90 days after the date of the submission of the report.
SEC. 7. CONGRESSIONAL CONSIDERATION.
No later than 60 days after the submission of the report, the
Committee on the Judiciary of the Senate shall act on the report.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commission to carry
out this Act $500,000 for fiscal year 1997.
|
Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (2) report its recommendations for changes to the President and the Congress by the earlier of June 30, 1998, or one year after enactment of this Act.
Directs the Senate Judiciary Committee to act on the report within 60 days of its transmission.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "A bill to establish a Commission on Structural Alternatives for the Federal Courts of Appeals."}
| 1,055 | 124 | 0.500739 | 1.374675 | 0.520154 | 4.934579 | 9.074766 | 0.934579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bankruptcy Technical Corrections Act
of 1996''.
SEC. 2. DEFINITIONS.
Section 101 of title 11, United States Code, is amended--
(1) by striking ``In this title--'' and inserting ``In this
title:'';
(2) in paragraph (51B)--
(A) by inserting ``family farms or'' after ``other
than''; and
(B) by striking all after ``thereto'' and inserting
a semicolon;
(3) by reordering the paragraphs so that the terms defined
in the section are in alphabetical order and redesignating the
paragraphs accordingly;
(4) in paragraph (37)(B) (defining insured depository
institution), as redesignated by paragraph (3) of this section,
by striking ``paragraphs (21B) and (33)(A)'' and inserting
``paragraphs (23) and (35)(A)'';
(5) in each paragraph, by inserting a heading, the text of
which is comprised of the term defined in the paragraph;
(6) by inserting ``The term'' after each paragraph heading;
and
(7) by striking the semicolon at the end of each paragraph
and ``; and'' at the end of paragraphs (35) and (38) and
inserting a period.
SEC. 3. ADJUSTMENT OF DOLLAR AMOUNTS.
Section 104 of title 11, United States Code, is amended by
inserting ``522(f)(3),'' after ``522(d),'' each place it appears.
SEC. 4. COMPENSATION TO OFFICERS.
Section 330(a) of title 11, United States Code, is amended--
(1) in paragraph (1), by inserting ``, or the debtor's
attorney'' after ``1103''; and
(2) in paragraph (3), by striking ``(3)(A) In'' and
inserting ``(3) In''.
SEC. 5. EFFECT OF CONVERSION.
Section 348(f)(2) of title 11, United States Code, is amended by
inserting ``of the estate'' after ``property'' the first place it
appears.
SEC. 6. EXECUTORY CONTRACTS AND UNEXPIRED LEASES.
Section 365 of title 11, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (2), by adding ``or'' at the end;
(B) in paragraph (3), by striking ``or'' at the end
and inserting a period; and
(C) by striking paragraph (4);
(2) in subsection (d), by striking paragraphs (5) through
(9); and
(3) in subsection (f)(1), by striking ``; except that'' and
all that follows through the end of the paragraph and inserting
a period.
SEC. 7. ALLOWANCE OF ADMINISTRATIVE EXPENSES.
Section 503(b)(4) of title 11, United States Code, is amended by
inserting ``subparagraph (A), (B), (C), (D), or (E) of'' before
``paragraph (3)''.
SEC. 8. PRIORITIES.
Section 507(a)(7) of title 11, United States Code, is amended by
inserting ``unsecured'' after ``allowed''.
SEC. 9. EXEMPTIONS.
Section 522 of title 11, United States Code, is amended--
(1) in subsection (f)(1)(A)--
(A) in the matter preceding clause (i), by striking
``; or'' at the end; and
(B) in clause (ii), by striking the period at the
end and inserting ``; or''; and
(2) in subsection (g)(2), by striking ``subsection (f)(2)''
and inserting ``subsection (f)(1)(B)''.
SEC. 10. EXCEPTIONS TO DISCHARGE.
Section 523(a)(3) of title 11, United States Code, is amended by
striking ``or (6)'' each place it appears and inserting ``(6), or
(15)'';
SEC. 11. PROTECTION AGAINST DISCRIMINATORY TREATMENT.
Section 525(c) of title 11, United States Code, is amended--
(1) in paragraph (1), by inserting ``student'' before
``grant'' the second place it appears; and
(2) in paragraph (2), by striking ``the program operated
under part B, D, or E of'' and inserting ``any program operated
under''.
SEC. 12. PROPERTY OF THE ESTATE.
Section 541(b)(4)(B)(ii) of title 11, United States Code (as added
by section 208(b) of the Bankruptcy Reform Act of 1994), is amended by
inserting ``365 or'' before ``542''.
SEC. 13. LIMITATIONS ON AVOIDING POWERS.
Subsection (g) of section 546 of title 11, United States Code, as
added by section 222(a) of the Bankruptcy Reform Act of 1994 (108 Stat.
4129), is redesignated as subsection (h).
SEC. 14. LIABILITY OF TRANSFEREE OF AVOIDED TRANSFER.
(a) In General.--Section 550(c) of title 11, United States Code, is
amended--
(1) in paragraph (1), by striking ``avoided under section
547(b)'' and inserting ``avoidable under section 547''; and
(2) in the matter following paragraph (2), by striking
``recover under subsection (a) from a transferee that is not an
insider'' and inserting ``avoid under section 547 such
transfer, to the extent that such transfer was made for the
benefit of a transferee that was not an insider at the time of
such transfer, or recover under subsection (a) from a
transferee that was not an insider at the time of such
transfer''.
(b) Conforming Amendment.--Section 547(b) of title 11, United
States Code, is amended by inserting ``or in section 550(c) of this
title'' after ``subsection (c) of this section''.
SEC. 15. SETOFF.
Section 553(b)(1) is amended by striking ``362(b)(14)'' and
inserting ``362(b)(17)''.
SEC. 16. DISPOSITION OF PROPERTY OF THE ESTATE.
Section 726(b) is amended by striking ``1009,''.
SEC. 17. GENERAL PROVISIONS.
Section 901(a) of title 11, United States Code, is amended by
inserting ``1123(d),'' after ``1123(b),''.
SEC. 18. PAYMENTS.
Section 1226(b)(2) is amended--
(1) by striking ``1202(c) of this title'' and inserting
``586(b) of title 28''; and
(2) by striking ``1202(d) of this title'' and inserting
``586(e)(1)(B) of title 28''.
SEC. 19. DISCHARGE.
Section 1228 of title 11, United States Code, is amended by
striking ``1222(b)(10)'' each place it appears and inserting
``1222(b)(9)''.
SEC. 20. CONTENTS OF PLAN.
Section 1322 of title 11, United States Code, is amended--
(1) in subsection (b), by striking ``(c)'' and inserting
``(d)''; and
(2) in subsection (e), by striking the comma after
``default'' the second place it appears.
SEC. 21. DISCHARGE.
Section 1328(a) of title 11, United States Code, is amended by
striking all after ``except any debt--'' and inserting the following:
``(1) provided for under section 1322(b)(5) of this title;
``(2) of the kind specified in paragraph (5), (8), or (9)
of section 523(a) of this title; or
``(3) for restitution, or a criminal fine, included in a
sentence on the debtor's conviction of a crime.''.
SEC. 22. BANKRUPTCY REVIEW COMMISSION.
Section 604 of the Bankruptcy Reform Act of 1994 (108 Stat. 4147)
is amended--
(1) by striking subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
SEC. 23. APPOINTMENT OF TRUSTEE.
Section 1104(b) of title 11, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) If an eligible, disinterested trustee is elected at a
meeting of creditors under paragraph (1), the United States trustee
shall file a report certifying that election. Upon the filing of a
report under the preceding sentence--
``(i) the trustee elected under paragraph (1) shall be
considered to have been selected and appointed for purposes of
this section; and
``(ii) the service of any trustee appointed under
subsection (d) shall terminate.
``(B) In the case of any dispute arising out of an election under
subparagraph (A), the court shall resolve the dispute.''.
SEC. 24. EXTENSIONS.
Section 302(d)(3) of the Bankruptcy, Judges, United States
Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note)
is amended--
(1) in subparagraph (A), in the matter following clause
(ii), by striking ``October 1, 2002'' and inserting ``October
1, 2012''; and
(2) in subparagraph (F)--
(A) in clause (i)--
(i) in subclause (II), by striking
``October 1, 2002'' and inserting ``October 1,
2012''; and
(ii) in the matter following subclause
(II), by striking ``October 1, 2003'' and
inserting ``October 1, 2013''; and
(B) in clause (ii), in the matter following
subclause (II), by striking ``October 1, 2003'' and
inserting ``October 1, 2013''.
SEC. 25. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE.
Section 156(a) of title 18, United States Code, is amended by
striking ``case under this title'' and inserting ``case under title
11''.
SEC. 26. BANKRUPTCY CASES AND PROCEEDINGS.
Section 1334(d) of title 28, United States Code, is amended--
(1) by striking ``made under this subsection'' and
inserting ``made under subsection (c)''; and
(2) by striking ``This subsection'' and inserting
``Subsection (c)''.
SEC. 27. ENFORCEMENT OF CHILD SUPPORT.
Section 362(b)(1) of title 11, United States Code, is amended by
inserting before the semicolon the following: ``(including the criminal
enforcement of a judicial order requiring the payment of child
support)''.
SEC. 28. LIMITATION.
Section 522 of title 11, United States Code, as amended by section
9, is further amended--
(1) in subsection (b)(2)(A), by inserting ``subject to
subsection (n),'' before ``any property''; and
(2) by adding at the end the following new subsection:
``(n) As a result of electing under subsection (b)(2)(A) to exempt
property under State or local law, a debtor may not exempt an aggregate
interest of more than $500,000 in value in--
``(1) real or personal property that the debtor or a
dependent of the debtor uses as a residence;
``(2) a cooperative that owns property that the debtor or a
dependent of the debtor uses as a residence; or
``(3) a burial plot for the debtor or a dependent of the
debtor.''.
SEC. 29. STANDING TRUSTEES.
(a) Section 330 of title 11 of the United States Code is amended by
adding to the end thereof the following:
``(e) Upon the request of a trustee appointed under section 586(b)
of title 28, and after all available administrative remedies have been
exhausted, the district court in the district in which the trustee
resides shall have the exclusive authority, notwithstanding section
326(b) of this title, to review the determination of the actual,
necessary expenses of the standing trustee. In reviewing the
determination, the district court shall accord substantial deference to
the determination made by the Attorney General, and may reverse the
determination only if the Attorney General has abused his or her
discretion.''.
(b) Section 324 of title 11, United States Code, is amended by
adding to the end thereof the following:
``(c)(1) Notwithstanding any provision of section 586 of title 28,
in the event the United States Trustee ceases assigning cases to a
trustee appointed under section 586(b) of title 28, the trustee, after
exhausting all available administrative remedies, may seek judicial
review of the decision in the district court in the district in which
the trustee resides. The district court shall accord substantial
deference to the determination made by the United States Trustee, and
may reverse the determination only if the United States Trustee has
abused his or her discretion.
``(2) Notwithstanding any other provision of law, the district
court may order interim relief under this paragraph only if the court
concludes, viewing all facts most favorably to the United States
Trustee, that there was no basis for the United States Trustee's
decision to cease assigning cases to the trustee. The denial of a
request for interim relief shall be final and shall not be subject to
further review.''.
SEC. 30. EFFECTIVE DATE OF AMENDMENTS.
(a) In General.--Except as provided in subsection (b) of this
section, the amendments made by this Act shall apply to all cases
pending on the date of enactment of this Act or commenced on or after
the date of enactment of this Act.
(b) Exception.--The amendment made by section 2(2)(B) of this Act
shall apply to all cases commenced on or after the date of enactment of
this Act.
Passed the Senate August 2, 1996.
Attest:
GARY SISCO,
Secretary.
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Bankruptcy Technical Corrections Act of 1996 - Makes technical corrections to Federal bankruptcy, criminal, and judiciary law. Redefines single asset real estate to exclude family farms and remove the $4 million ceiling on the amount of noncontingent, liquidated secured debts on such property.
(Sec. 3) Requires triennial adjustment of the $5,000 minimum threshold value of certain implements, professional books, tools of the trade, farm animals, and crops with respect to which a debtor in certain States may not avoid the fixing of a nonpossessory, nonpurchase-money security interest lien.
(Sec. 4) Allows a bankruptcy court to award reasonable compensation to a debtor's attorney.
(Sec. 6) Repeals certain guidelines governing executory contracts and unexpired leases of aircraft terminals and aircraft gates, including the proscription against their assignment by the trustee in bankruptcy.
(Sec. 14) Modifies guidelines relating to the liability of transferees of avoided transfers to prohibit the trustee in bankruptcy from avoiding a transfer made between 90 days and one year before the filing of the relief petition, if the transfer at the time was made for the benefit of a non-insider transferee.
(Sec. 15) Revises set-off recovery rules to exclude from recovery by a trustee setoffs by swap participants.
(Sec. 22) Repeals a provision for temporary continuation on the Bankruptcy Review Commission of certain members who have been or become employees or officers of a government.
(Sec. 23) Requires the U.S. trustee to file a report certifying the election of an eligible, disinterested trustee at a meeting of creditors. Declares that upon such filing: (1) the trustee elected shall be considered to have been selected and appointed; and (2) the service shall terminate of any trustee previously appointed to fill the term of specified ineligible or incapacitated trustees.
(Sec. 24) Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to extend until October 1, 2012, and October 1, 2013, respectively, the period during which specified portions of such Act regarding U.S. Trustees in bankruptcy and fees payable to them shall not apply to the judicial districts of Alabama and North Carolina (nor to cases pending in them).
(Sec. 27) Amends Federal bankruptcy law to provide that the filing of certain bankruptcy petitions (including certain petitions under the Securities Investor Protection Act of 1970) does not operate as an automatic stay of a criminal enforcement of a judicial order requiring the payment of child support.
(Sec. 28) Allows a debtor to exempt from his or her estate under State or local law an aggregate interest of no more than $500,000 in: (1) real or personal property used as a residence by either the debtor or a dependent; (2) a cooperative that owns property used as a residence by the debtor or a dependent; or (3) a burial plot for the debtor or a dependent.
(Sec. 29) Confers exclusive authority upon the district court in the district in which a standing trustee in bankruptcy resides to review the Attorney General's determination of the trustee's actual, necessary expenses. Requires such court to accord substantial deference to such determination. Authorizes the court to reverse it only for abuse of discretion by the Attorney General.
Provides that if the U.S. Trustee ceases assigning cases to a trustee, such trustee may seek judicial review of the decision in the district court in the district in which the trustee resides after exhausting all administrative remedies. Requires such court to accord substantial deference to the U.S. Trustee's determination. Authorizes the court to reverse it only for abuse of discretion by such Trustee.
Authorizes the district court to order interim relief only if the court concludes, viewing all facts most favorably to the U.S. Trustee, that there was no basis for the Trustee's decision to cease assigning cases to the complainant trustee. Declares the denial of a request for interim relief is final and not subject to further review.
|
{"src": "billsum_train", "title": "Bankruptcy Technical Corrections Act of 1996"}
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Telephone Connection
Protection Act of 2015''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is the policy of the United States to ensure that
all Americans are afforded just and reasonable communications
services, including those families that pay rates for inmate
telephone and video service.
(2) Telephone and video calls are the primary methods by
which individuals correspond and maintain contact with family
members who are incarcerated in correctional institutions.
(3) Except for emergency purposes, family members are not
allowed to call people incarcerated in correctional
institutions, and incarcerated persons are typically allowed to
call family members and other pre-approved individuals only
through facilities physically located on the premises of
correctional institutions.
(4) Inmate telephone and video service in correctional
institutions often is limited to collect calling.
(5) Regardless of whether the prisoners' calls are placed
collect or through a debit account, the prisoners' family
members typically pay for the calls, either through their
telephone bills, in the case of collect calls received from
prisoners, or by making deposits directly into prisoners' debit
accounts.
(6) It is clear from various studies that maintaining
frequent and meaningful communications between people who are
incarcerated and family members is key to the successful social
reintegration of formerly incarcerated individuals. Such
contact reduces recidivism and facilitates rehabilitation,
which in turn reduces crime and the future costs of
imprisonment.
(7) Frequent communication between incarcerated persons and
family members is burdened, and in some cases, prevented, by
excessive inmate telephone and video service rates. Excessive
inmate telephone and video service rates thus weaken the family
and community ties that are necessary for successful reentry
into society by persons who were formerly incarcerated and the
reduction in crime resulting from successful reentry.
(8) Innocent citizens are paying excessive telephone and
video service charges simply due to having a family member or
loved one who is incarcerated.
(9) The rates for calls from correctional institutions are
some of the highest rates in the United States, with some per-
minute charges reaching $1 and service or connection charges of
$3.00 per call.
(10) Information compiled by the Congress and the Federal
Communications Commission shows that the high rates are due in
part to the lack of competition between companies that provide
long distance inmate telephone and video service to
correctional institutions.
(11) There are no competitive forces providing incentives
for those carriers to lower prices or operate efficiently
because, unlike the mass market, only one carrier is typically
permitted to provide long distance inmate telephone and video
service within each correctional institution.
(12) High calling rates also are due in part to commissions
that carriers pay to correctional institution administrators
for the exclusive right to provide long distance inmate
telephone and video service in a correctional facility. In some
cases, such commissions can account for as much as 60 percent
of the total revenues received from the use of prison
payphones.
(13) The collection of such commissions by correctional
institution administrators and State departments of correction
based upon interstate telecommunications revenues is a burden
on interstate commerce.
(14) Due to the lack of competition for telephone and video
services within correctional institutions, families of people
in prison, many of whom have low incomes, cannot choose the
long distance carrier with the lowest calling rates and must
pay the excessive rates charged by the carrier having the
exclusive right to provide long distance service to the
correctional institution from which the call originates.
(15) The Commission has the expertise and authority to
regulate inmate telephone and video service. Because parties to
Commission rulemaking proceedings have raised issues regarding
its authority to implement meaningful relief for excessive
inmate telephone and video service rates, Congress finds it
necessary and appropriate to reaffirm that the Commission has
the authority to implement the types of relief set forth in
this Act.
SEC. 3. RESTRICTIONS ON THE PROVISION OF INMATE TELEPHONE AND VIDEO
SERVICE.
(a) Definitions.--Section 226(a) of the Communications Act of 1934
(47 U.S.C. 226(a)) is amended by adding at the end the following:
``(10) The term `ancillary fee' includes any charge or fee
that is imposed on a user of inmate telephone and video service
in addition to the per-minute rate and connection charge.
``(11) The term `collect' or `collect call' means a
telephone call or video call from a person incarcerated in a
correctional institution that is billed to the subscriber
receiving the call.
``(12) The term `commission' means a fee or other payment
by a provider of inmate telephone and video service to an
administrator of a correctional institution, department of
correction, or similar entity, based upon, or partly upon,
inmate telephone and video service revenue.
``(13) The term `debit account' means the payment of inmate
telephone and video service through a prepaid card or other
account of a prisoner, which can be accessed only through an
access code, personal identification number, or similar
identifier.
``(14) The term `inmate telephone and video service'
includes the provision of telephone and video service enabling
persons incarcerated in correctional institutions to originate
calls at payphones, telephones, or video kiosks that are
designated for the personal use of prisoners, regardless of
whether the calls are collect, paid through a debit account, or
paid through any other means.
``(15) The term `provider of inmate telephone and video
service' means any common carrier that provides inmate
telephone and video service or any other person determined by
the Commission to be providing inmate telephone and video
service.''.
(b) Regulations.--Section 226 of the Communications Act of 1934 (47
U.S.C. 226) is amended--
(1) by redesignating subsection (i) as subsection (k); and
(2) by inserting after subsection (h) the following:
``(i) Regulation of Inmate Telephone and Video Service.--
``(1) In general.--In order to ensure that charges for
inmate telephone and video service are just, reasonable, and
nondiscriminatory, not later than 1 year after the date of
enactment of the Family Telephone Connection Protection Act of
2015, the Commission shall adopt regulations on the use of
inmate telephone and video service that--
``(A) prescribe a maximum uniform per-minute
compensation rate;
``(B) prescribe a maximum uniform service
connection or other per-call compensation rate;
``(C) prescribe variable maximum compensation rates
depending on such factors as carrier costs, the size of
the correctional facility served, and other relevant
factors identified by the Commission;
``(D) require providers of inmate telephone and
video service to offer both collect calling and debit
account services;
``(E) address the payment of commissions by
providers of inmate telephone and video service to
administrators of correctional institutions,
departments of correction, and similar entities by--
``(i) prohibiting such payments; or
``(ii) limiting commission payments;
``(F) require administrators of correctional
institutions, departments of correction, and similar
entities to allow more than 1 provider of inmate
telephone and video service to provide interstate
inmate telephone and video service at a correctional
institution so that prisoners have a choice of such
providers; and
``(G) prohibit or substantially limit any ancillary
fees imposed by a provider of inmate telephone and
video service on a user of the service.
``(2) Scope.--
``(A) In general.--The regulations adopted by the
Commission under this subsection--
``(i) shall be technologically neutral; and
``(ii) shall not jeopardize legitimate
security and penological interests.
``(B) Impact on revenue.--To the extent the
regulations adopted by the Commission under this
subsection reduce or eliminate the revenue derived by
administrators of correctional institutions,
departments of correction, and similar entities from
the receipt of commissions, such effects of the
regulations shall not be considered to be jeopardizing
or otherwise affecting legitimate security or
penological interests.
``(3) Periodic review.--The Commission shall review, on a
biennial basis, the regulations adopted under this subsection,
including to determine whether any compensation rates
established by the Commission should be modified.
``(4) State preemption.--To the extent that any State,
local government, or private correctional facility requirements
are inconsistent with the regulations of the Commission
affecting or pertaining to inmate telephone and video service,
including restrictions on the payment of commissions based upon
inmate telephone and video service revenues or earnings, the
regulations of the Commission on such matters shall preempt the
State, local government, or private correctional facility
requirements.
``(j) Inmate Telephone and Video Service Fully Subject to Sections
201, 205, 251, 252, and 276.--
``(1) In general.--Inmate telephone and video service shall
be fully subject to the requirements of sections 201, 205, 251,
252, and 276.
``(2) Restriction.--A provider of inmate telephone and
video service may not block or otherwise refuse to carry a call
placed by an incarcerated person on the grounds that the
provider has no contractual or other arrangement with the local
exchange carrier serving the intended recipient of the call or
other common carrier involved in any portion of the
transmission of the call.''.
|
Family Telephone Connection Protection Act of 2015 This bill amends the Communications Act of 1934 to direct the Federal Communications Commission to adopt regulations on the use of inmate telephone and video services that enable persons incarcerated in correctional institutions to originate calls at payphones, telephones, or video kiosks designated for the personal use of prisoners. The regulations must: (1) prescribe a maximum uniform per-minute rate and service connection or other per-call rate, (2) prescribe variable maximum rates depending on factors such as carrier costs and the size of the correctional facility, (3) require providers of inmate telephone and video service to offer both collect calling and prepaid debit account services, (4) prohibit or limit the payment of commissions by such providers to administrators of correctional facilities based upon the revenue of the service, (5) require such administrators to allow more than one service provider at a facility so that prisoners have a choice, and (6) prohibit or substantially limit any ancillary fees that are in addition to the per-minute rate and connection charge.
|
{"src": "billsum_train", "title": "Family Telephone Connection Protection Act of 2015"}
| 2,077 | 216 | 0.609365 | 1.861375 | 0.77895 | 4.574257 | 9.747525 | 0.980198 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education, Achievement, and
Opportunity Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Private schools supplement the public school system and
are a vital component of our Nation's school network.
(2) The public school system was created to serve students,
not the other way around. Children should have the opportunity
to attend the school system that is most conducive to
developing their abilities, and parents have the right to
choose the public or private school that best meets their
child's individual needs.
SEC. 3. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. ELEMENTARY AND SECONDARY EDUCATION EXPENSES.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year the amount of the qualified
education expenses paid by the taxpayer during the taxable year
for each qualifying child of the taxpayer.
``(2) Amount per child.--The amount of credit allowable
under paragraph (1) for any taxable year with respect to the
qualified education expenses of each qualifying child of the
taxpayer shall not exceed--
``(A) $2,500 for a child enrolled in an elementary
school for any portion of the taxable year, and
``(B) $3,500 for a child enrolled in a secondary
school for any portion of the taxable year.
In any taxable year in which a child meets the requirements of
both subparagraphs (A) and (B), the amount of credit allowable
shall not exceed the sum of the amounts in such subparagraphs.
``(b) Limitation Based on Adjusted Gross Income.--
``(1) In general.--The amount of the credit allowable under
subsection (a) (after the application of subsection (a)(2))
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 the threshold amount.
``(2) Definitions and special rules.--For purposes of this
paragraph (1)--
``(A) Threshold amount.--The term `threshold
amount' means--
``(i) $150,000 in the case of a joint
return, and
``(ii) $75,000 in any other case.
``(B) Modified adjusted gross income.--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) Marital status.--Marital status shall be
determined under section 7703.
``(c) Definitions.--For purposes of this section--
``(1) Qualifying child.--The term `qualifying child' has
the meaning provided by section 24(c).
``(2) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means amounts paid for--
``(i) tuition and fees required for the
enrollment or attendance of a student at a
qualified educational institution,
``(ii) computers, educational software,
computer support services, and books required
for courses of instruction at a qualified
educational institution,
``(iii) academic tutoring (by a person
other than the taxpayer),
``(iv) special needs services for
qualifying children with disabilities (within
the meaning of the Americans With Disabilities
Act of 1990),
``(v) fees for transportation services to
and from a private school, if the
transportation is provided by the school and
the school charges a fee for the
transportation, and
``(vi) academic testing services.
``(B) Amounts excluded.--The term does not include
special school fees for nonacademic purposes, including
fees for student activities, athletics, insurance,
school uniforms, and nonacademic after-school
activities.
``(3) Qualified educational institution.--The term
`qualified educational institution' means--
``(A) an elementary or secondary school (as defined
in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801)), or
``(B) any private, parochial, or religious school
organized for the purpose of providing elementary or
secondary education, or both.
``(d) Adjustment for Coverdell Savings Account Distributions.--The
amount of qualified education expenses taken into account under
subsection (a) with respect to an individual for a taxable year shall
be reduced (before the application of subsection (b)) by the sum of any
amounts not includible in gross income under section 530(d)(2)(B) for
such taxable year by reason of the qualified elementary and secondary
education expenses (as defined in section 530(b)(4)) of such individual
for such taxable year.''.
(b) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``or'' after ``1978,'' and
by inserting before the period ``, or enacted by the Education,
Achievement, and Opportunity Act''.
(2) 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. Elementary and secondary education expenses.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
|
Education, Achievement, and Opportunity Act - Amends the Internal Revenue Code to allow an annual refundable tax credit for certain expenses incurred for children enrolled in elementary or secondary public and private schools. Includes as eligible expenses: tuition and fees, computers and educational software, academic tutoring, special needs services for children with disabilities, transportation fees, and academic testing services. Excludes expenses for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities.
Limits the amount of such credit to $2,500 for a child enrolled in an elementary school and $3,500 for a child in secondary school. Reduces such credit amounts for taxpayers earning over $75,000 ($150,000 for married taxpayers filing a joint return).
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school."}
| 1,359 | 170 | 0.521534 | 1.273521 | 0.681294 | 3.317241 | 8.406897 | 0.889655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Zadroga Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The September 11th Victim Compensation Fund of 2001 was
established to provide compensation to individuals (or
relatives of deceased individuals) who were physically injured
or killed as a result of the terrorist-related aircraft crashes
of September 11, 2001.
(2) The deadline for filing claims for compensation under
the Victim Compensation Fund was December 22, 2003.
(3) Some individuals did not know they were eligible to
file claims for compensation or did not know they had suffered
physical harm as a result of the terrorist-related aircraft
crashes until after the December 22, 2003, deadline.
SEC. 3. DEADLINE EXTENSION FOR CERTAIN CLAIMS UNDER SEPTEMBER 11TH
VICTIM COMPENSATION FUND OF 2001.
Section 405(a)(3) of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended to read as follows:
``(3) Limitation.--
``(A) In general.--Except as provided by
subparagraph (B), no claim may be filed under paragraph
(1) after December 22, 2003.
``(B) Exceptions.--A claim may be filed under
paragraph (1) by an individual (or by a personal
representative on behalf of a deceased individual)--
``(i) during the 5-year period after the
date of enactment of this subparagraph, if the
Special Master determines that the individual--
``(I) did not know that the
individual had suffered physical harm
as a result of the terrorist-related
aircraft crashes of September 11, 2001,
until after December 22, 2003, and
before the date of the enactment of
this subparagraph;
``(II) did not for any reason other
than as described in subclause (I) know
that the individual was eligible to
file a claim under paragraph (1) until
after December 22, 2003;
``(III) suffered psychological harm
as a result of the terrorist-related
aircraft crashes; or
``(IV) in the case of an individual
who had previously filed a claim under
this title, suffered a significantly
greater physical harm than was known to
the individual as of the date the claim
was filed and did not know the full
extent of the physical harm suffered as
a result of the terrorist-related
aircraft crashes until after the date
on which the claim was filed and before
the date of enactment of this
subparagraph; and
``(ii) during the 5-year period after the
date that the individual--
``(I) first knew that the
individual had suffered physical or
psychological harm as a result of the
terrorist-related aircraft crashes of
September 11, 2001, if the Special
Master determines that the individual
did not know that the individual had
suffered such physical or psychological
harm until a date that is on or after
the date of enactment of this
subparagraph; or
``(II) in the case of an individual
who had previously filed a claim under
this title and had suffered a
significantly greater physical harm
than was known to the individual as of
the date the claim was filed, or had
suffered psychological harm as a result
of the terrorist-related crashes, first
knew the full extent of the physical
and psychological harm suffered as a
result of the terrorist-related
aircraft crashes, if the Special Master
determines that the individual did not
know the full extent of the harm
suffered until a date that is on or
after the date of the enactment of this
subparagraph.''.
SEC. 4. EXCEPTION TO SINGLE CLAIM REQUIREMENT IN CERTAIN CIRCUMSTANCES.
Section 405(c)(3)(A) of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended to read as follows:
``(A) Single claim.--
``(i) In general.--Except as provided by
clause (ii), not more than 1 claim may be
submitted under this title by an individual or
on behalf of a deceased individual.
``(ii) Exception.--A second claim may be
filed under subsection (a)(1) by an individual
(or by a personal representative on behalf of a
deceased individual) if the individual is an
individual described in either of clauses
(i)(IV) or (ii)(II) of subsection (a)(3)(B).''.
SEC. 5. ELIGIBILITY OF CLAIMANTS SUFFERING FROM PSYCHOLOGICAL HARM.
(a) In General.--Section 405(c)(2)(A)(ii) of the Air Transportation
Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended
by inserting ``, psychological harm,'' before ``or death''.
(b) Conforming Amendment.--Section 405(a)(2)(B)(i) of such Act is
amended by striking ``physical harm'' and inserting ``physical or
psychological harm''.
SEC. 6. IMMEDIATE AFTERMATH DEFINED.
Section 402 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended by adding at the
end the following new paragraph:
``(11) Immediate aftermath.--In section 405(c)(2)(A)(i),
the term `immediate aftermath' means any period of time after
the terrorist-related aircraft crashes of September 11, 2001,
as determined by the Special Master, that was sufficiently
close in time to the crashes that there was a demonstrable risk
to the claimant of physical or psychological harm resulting
from the crashes, including the period of time during which
rescue, recovery, and cleanup activities relating to the
crashes were conducted.''.
|
James Zadroga Act of 2006 - Amends the September 11th Victim Compensation Fund of 2001 (Fund), part of the Air Transportation Safety and System Stabilization Act, to extend the current December 22, 2003, deadline for filing claims under the Fund for five years following enactment of this Act if the Special Master determines that the individual: (1) was unaware that he or she had suffered physical harm as the result of the September 11, 2001, terrorist-related aircraft crashes until after the deadline and before enactment of this Act; (2) was unaware of his or her eligibility to file a claim until after December 22, 2003; (3) suffered psychological harm as a result of the crashes; or (4) in the case of an individual who had previously filed a claim, suffered a significantly greater physical harm than was known to the individual as of the date the claim was filed, but did not know its full extent until after the claim was filed and before enactment of this Act.
Allows the filing of a claim also during the five years after the individual first knew that he or she had suffered physical or psychological harm as the result of such crashes, if he or she did not know that until on or after enactment of this Act. Extends the same five-year filing allowance to anyone who did not know the full extent of the harm suffered until on or after the enactment of this Act, even though he or she had previously filed a claim and had suffered a significantly greater physical or psychological harm than was known to the individual as of the date the claim was filed. Waives the single claim requirement in such circumstances.
Makes a claimant eligible for compensation based on the psychological harm suffered as a result of the crashes.
Defines "immediate aftermath" for compensation eligibility purposes as any period of time after the crashes that was sufficiently close in time to them that there was a demonstrable risk to the claimant of resulting physical or psychological harm, including the period of time during which related rescue, recovery, and cleanup activities were conducted.
|
{"src": "billsum_train", "title": "To extend the time for filing certain claims under the September 11th Victim Compensation Fund of 2001, and for other purposes."}
| 1,308 | 445 | 0.766822 | 2.507515 | 0.914454 | 3.5925 | 2.8825 | 0.9025 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Letter of Estimated Annual Debt for
Students Act of 2017'' or the ``LEADS Act of 2017''.
SEC. 2. ANNUAL ESTIMATE OF STUDENT LOAN BORROWING COSTS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended by adding at the end the following:
``(n) Annual Estimate of Student Loan Borrowing Costs.--
``(1) In general.--Beginning on July 1, 2019, each eligible
institution shall provide a cost estimate described in
paragraph (2) to each enrolled student who receives an
education loan to attend the institution, not later than 30
days before the first day of each academic year beginning after
the academic year for which the student first received such a
loan to attend such institution.
``(2) Contents of estimate.--The estimate under paragraph
(1) shall contain the following information:
``(A) Cumulative balances and monthly payments.--A
notice to the student of--
``(i) the cumulative balance of education
loans owed by the student as of the date of the
notice; and
``(ii) projected monthly payment amounts
based on the cumulative balances described in
clause (i), assuming a standard repayment
schedule.
``(B) Interest rates.--The interest rate of each
education loan, except that interest rates for a
private education loan may be based on average private
education loan interest rates if the institution cannot
reasonably determine the actual interest rate of such
loan.
``(C) Disclaimer.--A clear and conspicuous notice
stating that any information provided under paragraph
(1) is an estimate, accurate to the best of the
institution's knowledge, and that an interest rate
provided under subparagraph (B)--
``(i) in the case of a loan described in
paragraph (6)(A)(i), is the applicable rate of
interest of such loan;
``(ii) in the case of a private education
loan, may be based on average private education
loan interest rates; and
``(iii) does not include private education
loans of which the institution is not aware.
``(3) Form of estimate.--The estimate under paragraph (1)
shall be--
``(A) provided to the student in hard copy format
on the letterhead of the institution, by electronic
mail or by another method the Secretary may prescribe;
and
``(B) delivered to the student separately from any
other disclosures required under this Act.
``(4) Limitation of liability.--An institution that
provides the estimate under paragraph (1) in good faith shall
not be liable to any person for inaccuracies contained in such
estimate.
``(5) Student debt letter template.--Not later than July 1,
2018, and as necessary thereafter, the Secretary shall provide
the following to eligible institutions:
``(A) Examples of estimates required under
paragraph (2).
``(B) Technical assistance on how to comply with
the requirements of this subsection.
``(C) Preliminary approvals in a timely manner of
estimate formats proposed for use by an institution, at
the request of the institution.
``(D) The formula (which shall take into
consideration a student's past borrowing rates and
other criteria the Secretary may determine) to be used
in making the projections under clauses (iii) and (iv)
of paragraph (2)(A) with respect to loans described in
paragraph (6)(A)(i).
``(E) Encryption technology software to enable
institutions to provide the estimate under paragraph
(2) to students in a secure format for institutions
that choose to provide the estimate to students in an
electronic format.
``(6) Definitions.--In this subsection:
``(A) Education loan.--The term `education loan'
means--
``(i) a loan made under part D (other than
a Federal Direct Consolidation Loan or a
Federal Direct PLUS loan made on behalf of a
student);
``(ii) a loan made under a State-sponsored
loan program for the purpose of paying a
student's cost of attendance at an institution
of higher education; and
``(iii) a private education loan with
respect to which the institution should
reasonably be aware.
``(B) Private education loan.--The term `private
education loan' has the meaning given the term in
section 140 of the Truth in Lending Act.
``(C) Student.--The term `student', when used with
respect to an eligible institution, does not include
any student who has transferred to the institution more
than 60 days before the first day of the academic year
involved.''.
SEC. 3. ANNUAL PROVISION OF INFORMATION BY THE SECRETARY OF EDUCATION.
Not later than April 1, 2019, and annually thereafter, the
Secretary of Education shall provide to institutions of higher
education (as defined in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002)) the following information:
(1) The amount of any loans made under part D of title IV
of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.)
(other than a Federal Direct Consolidation Loan or a Federal
Direct PLUS loan made on behalf of a student) expected to be
disbursed to any borrower for the next academic year.
(2) The projected cumulative balance of such loans, as
determined in accordance with section 485(n)(5)(D) of such Act
(20 U.S.C. 1092(n)(5)(D)), as added by this Act, that will be
owed by any borrower after the completion of the borrower's
course of study at an institution of higher education.
(3) The projected monthly payment amounts of such loans, as
determined in accordance with section 485(n)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1092(n)(5)), assuming a
standard repayment schedule (as described in section
455(d)(1)(A) of such Act (20 U.S.C. 1087e(d)(1)(A))).
|
Letter of Estimated Annual Debt for Students Act of 2017 or the LEADS Act of 2017 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require an institution of higher education that participates in federal student aid programs to provide an annual estimate of borrowing costs to each enrolled student who receives an education loan. The cost estimate must include the student's cumulative education loan balance, projected monthly payment amount, and interest rate on each loan.
|
{"src": "billsum_train", "title": "Letter of Estimated Annual Debt for Students Act of 2017"}
| 1,362 | 102 | 0.656571 | 1.682539 | 1.358528 | 2.876404 | 14.011236 | 0.921348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Standardized School Report Card
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the report ``Quality Counts 99'', by
Education Week, 36 States require the publishing of annual
report cards on individual schools, but the content of the
report cards varies widely.
(2) The content of most of the report cards described in
paragraph (1) does not provide parents with the information the
parents need to measure how their school or State is doing
compared with other schools and States.
(3) Ninety percent of taxpayers believe that published
information about individual schools would motivate educators
to work harder to improve the schools' performance.
(4) More than 60 percent of parents and 70 percent of
taxpayers have not seen an individual report card for their
area school.
(5) Dissemination of understandable information about
schools can be an important tool for parents and taxpayers to
measure the quality of the schools and to hold the schools
accountable for improving performance.
SEC. 3. PURPOSE.
The purpose of this Act is to provide parents, taxpayers, and
educators with useful, understandable school report cards.
SEC. 4. DEFINITIONS.
The terms used in this Act have the meanings given the terms under
section 14101 of the Elementary and Secondary Education Act of 1965.
SEC. 5. REPORT CARDS.
(a) State Report Cards.--Each State educational agency receiving
assistance under the Elementary and Secondary Education Act of 1965
shall produce and widely disseminate an annual report card for parents,
the general public, teachers and the Secretary of Education, in easily
understandable language, with respect to elementary schools and
secondary schools in the State. The report card shall contain
information regarding--
(1) student performance on statewide assessments in
language arts, mathematics and history, plus any other subject
areas in which the State requires assessments, including--
(A) comparisons with students from different school
districts within the State, and, to the extent
possible, comparisons with students throughout the
Nation;
(B) a statement on the 3-year trend in the
percentage of students performing at the basic,
proficient, and advanced levels; and
(C) a statement of the percentage of students not
tested and a listing of categories of the reasons why
such students were not tested;
(2) attendance and 4-year graduation rates, the number of
students completing advanced placement courses, and the annual
school dropout rate, as calculated by procedures conforming
with the National Center for Education Statistics Common Core
of Data;
(3) professional qualifications of teachers in the State,
including the percentage of class sections taught by teachers
who are not certified to teach in that subject, and the
percentage of teachers with emergency or provisional
certification;
(4) average class size in the State broken down by school
level;
(5) school safety, including the safety of school
facilities, incidents of school violence and drug and alcohol
abuse, and the number of instances in which a student was
determined to have brought a firearm to school under the State
law described in the Gun-Free Schools Act of 1994 and the
incidence of student suspensions and expulsions;
(6) to the extent practicable, parental involvement, as
measured by the extent of parental participation in school
parental involvement policies described in section 1118(b) of
the Elementary and Secondary Education Act of 1965;
(7) student access to technology, including the number of
computers for educational purposes, the number of computers per
classroom, and the number of computers connected to the
Internet;
(8) information regarding the schools identified by the
State for school improvement; and
(9) other indicators of school performance and quality.
(b) School Report Cards.--Each school receiving assistance under
the Elementary and Secondary Education Act of 1965, or the local
educational agency serving that school, shall produce and widely
disseminate an annual report card for parents, the general public,
teachers and the State educational agency, in easily understandable
language, with respect to elementary or secondary education, as
appropriate, in the school. The report card shall contain information
regarding--
(1) student performance in the school on statewide
assessments in language arts, mathematics, and history, plus
any other subject areas in which the State requires
assessments, including--
(A) comparisons with other students within the
school district, in the State, and, to the extent
possible, in the Nation;
(B) a statement on the 3-year trend in the
percentage of students performing at the basic,
proficient, and advanced levels; and
(C) a statement of the percentage of students not
tested and a listing of categories of the reasons why
such students were not tested;
(2) attendance and 4-year graduation rates, the number of
students completing advanced placement courses, and the annual
school dropout rate, as calculated by procedures conforming
with the National Center for Education Statistics Common Core
of Data;
(3) professional qualifications of the school's teachers,
including the percentage of class sections taught by teachers
not certified to teach in that subject, and the percentage of
teachers with emergency or provisional certification;
(4) average class size in the school broken down by school
level, and the enrollment of students compared to the rated
capacity of the school;
(5) school safety, including the safety of the school
facility, incidents of school violence and drug and alcohol
abuse, the number of instances in which a student was
determined to have brought a firearm to school under the State
law described in the Gun-Free Schools Act of 1994, and the
incidence of student suspensions and expulsions;
(6) parental involvement, as measured by the extent of
parental participation in school parental involvement policies
described in section 1118(b) of the Elementary and Secondary
Education Act of 1965;
(7) student access to technology, including the number of
computers for educational purposes, the number of computers per
classroom, and the number of computers connected to the
Internet;
(8) information regarding whether the school has been
identified for school improvement; and
(9) other indicators of school performance and quality.
(c) Model School Report Cards.--The Secretary of Education shall
use funds made available to the Office of Educational Research and
Improvement to develop a model school report card for dissemination,
upon request, to a school, local educational agency, or State
educational agency.
(d) Disaggregation of Data.--Each State educational agency or
school producing an annual report card under this section shall
disaggregate the student data reported under subsection (a) or (b), as
appropriate, in the same manner as results are disaggregated under
section 1111(b)(3)(I) of the Elementary and Secondary Education Act of
1965.
(e) Dissemination and Accessibility of Report Cards.--
(1) State report cards.--State annual report cards under
subsection (a) shall be disseminated to all elementary schools,
secondary schools, and local educational agencies in the State,
and made broadly available to the public through means such as
posting such reports on the Internet and distribution to the
media, and through public agencies.
(2) Local and school report cards.--Local educational
agency report cards and elementary school and secondary school
report cards under subsection (b) shall be disseminated to all
elementary schools and secondary schools served by the local
educational agency and to all parents of students attending
such schools, and shall be made broadly available to the public
through means such as posting such report on the Internet and
distribution to the media, and through public agencies.
(f) Grants Authorized.--The Secretary of Education shall award a
grant to each State having a State report card that meets the
requirements of subsection (a) to enable the State to annually publish
report cards for each elementary and secondary school that receives
funding under the Elementary and Secondary Education Act of 1965 and is
served by the State. The amount of a State grant under this section
shall be equal to the State's allotment under subsection (g)(2).
(g) Reservations and Allotments.--
(1) Reservations.--From the amount appropriated under
subsection (j) to carry out this Act for each fiscal year the
Secretary of Education shall reserve--
(A) \1/2\ of 1 percent of such amount for payments
to the Secretary of the Interior for activities
approved by the Secretary of Education consistent with
this Act, in schools operated or supported by the
Bureau of Indian Affairs on the basis of their
respective needs for assistance under this Act; and
(B) \1/2\ of 1 percent of such amount for payments
to outlying areas, to be allotted in accordance with
their respective needs for assistance under this Act,
as determined by the Secretary of Education, for
activities approved by the Secretary of Education that
are consistent with this Act.
(2) State allotments.--From the amount appropriated under
subsection (j) for a fiscal year and remaining after amounts
are reserved under paragraph (1), the Secretary of Education
shall allot to each State having a State report card meeting
the requirements of subsection (a) an amount that bears the
same relationship to such remainder as the number of public
school students enrolled in elementary schools and secondary
schools in the State bears to the total number of such students
so enrolled in all States.
(h) Within-State Allocations.--Each State educational agency
receiving a grant under subsection (f) shall allocate the grant funds
that remain after carrying out the activities required under subsection
(e)(1) to local educational agencies in the State.
(i) State Reservation of Funds.--Each State educational agency
receiving a grant under subsection (f) may reserve --
(1) not more than 10 percent of the grant funds to carry
out activities described in subsections (a) and (b), and
subsection (e)(1), for fiscal year 2002; and
(2) not more than 5 percent of the grant funds to carry out
activities described in sections (a) and (b), and subsection
(e)(1), for fiscal year 2003 and each of the 3 succeeding
fiscal years.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act, $5,000,0000 for fiscal year 2002,
and such sums as may be necessary for each of the 4 succeeding fiscal
years.
|
Standardized School Report Card Act - Requires annual State and school report cards in easily understandable language with respect to elementary and secondary education.Requires each State educational agency (SEA) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to produce and widely disseminate a State report card for parents, the general public, teachers, and the Secretary of Education.Requires each school receiving assistance under ESEA, or the local educational agency (LEA) serving that school, to produce and widely disseminate such a report card for the school.Requires such State and school report cards to contain specified information regarding indicators of school performance and quality, including: (1) student performance in language arts and mathematics, and other assessed subject areas, including comparisons with students elsewhere; (2) attendance and graduation rates; (3) professional qualifications of teachers, and numbers teaching out-of-field or with emergency certification; (4) average class size; (5) school safety; (6) parental involvement; (7) annual school dropout rate; and (8) student access to technology, including computers and the Internet.Directs the Secretary to: (1) use Office of Educational Research and Improvement funds to develop a model school report card for dissemination, upon request, to a school, LEA, or SEA; and (2) award grants to enable States to published the annual State report card for each State-served elementary and secondary school receiving ESEA funds.
|
{"src": "billsum_train", "title": "A bill to provide parents, taxpayers, and educators with useful, understandable school report cards."}
| 2,150 | 310 | 0.618345 | 1.79511 | 0.88584 | 3.45614 | 7.550877 | 0.950877 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Henry Ford Scholarship Program
Act''.
SEC. 2. HENRY FORD SCHOLARSHIP PROGRAM.
(a) Program Established.--The Secretary is authorized to establish
a program, in accordance with the requirements of this Act, to award
scholarships to high-achieving students who graduate from secondary
school after May 1, 2007, to pursue undergraduate degrees in
mathematics, science, engineering, and health-related fields at
institutions of higher education.
(b) Henry Ford Scholars.--Individuals awarded scholarships under
this Act shall be known as ``Henry Ford Scholars''.
SEC. 3. SCHOLARSHIP AWARDS.
(a) Scholarship Amount.--
(1) Maximum amount.--The maximum amount of a scholarship
that an eligible student may receive under this section shall
be $5,000 for an academic year, and shall be $20,000 in the
aggregate.
(2) Adjustment for insufficient appropriations.--If funds
available to carry out this Act for an academic year are
insufficient to fully fund all scholarships awarded by the
Secretary under this Act for such academic year, the amount of
the scholarship paid to each student under this Act shall be
reduced proportionately.
(b) Period of Award.--Scholarships under this section shall be
awarded for a period of one academic year, and may be renewed for
subsequent one-year periods during the first 4 years of study at any
institution of higher education.
(c) Relation to Other Assistance.--Scholarships provided under this
Act shall not be considered for the purpose of awarding Federal grant
assistance under title IV of the Higher Education Act of 1965 (20 U.S.C
1070 et seq.), except that in no case shall the total amount of student
financial assistance awarded to a student under this Act and such title
exceed such student's total cost of attendance.
(d) Conversion to Loan.--
(1) Failure to obtain undergraduate degree in mathematics,
science, engineering, or a health-related field.--Any
individual who receives a scholarship award under this Act who
fails to obtain a bachelor's degree with a major in
mathematics, science, engineering, or a health-related field
from an institution of higher education within a period
prescribed by the Secretary by regulations issued pursuant to
this Act, shall be required to repay a pro rata amount of the
scholarship award received, plus interest (but in no event at
an interest rate higher than the rate applicable to loans in
the applicable period under part B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq.)) and, where
applicable, reasonable collection fees, on a schedule and at a
rate of interest to be prescribed by the Secretary by such
regulations.
(2) Forgiveness if deceased or disabled.--An individual
shall be excused from repayment of any scholarship award
required under paragraph (1) if the individual dies or becomes
permanently and totally disabled (as determined in accordance
with regulations prescribed by the Secretary).
SEC. 4. ELIGIBILITY.
(a) Initial Student Eligibility.--To be eligible for a scholarship
under this Act, a student shall--
(1) be a citizen, national, or permanent resident of the
United States;
(2) have a total adjusted gross income that--
(A) based on the income of the parents of the
student (and excluding any income of the dependent
student), is less than $200,000, in the case of a
student who is a dependent student;
(B) based on the income of the student, is less
than $100,000, in the case of a student who is an
independent student and is not married; or
(C) based on the income of the student and the
student's spouse, is less than $200,000, in the case of
a student who is an independent student and is married;
(3) be a graduate of a public or private secondary school,
or have the equivalent of a certificate of graduation as
recognized by the State in which the student resides;
(4) be enrolled or accepted for enrollment in a program of
undergraduate instruction leading to a bachelor's degree with a
major in mathematics, science, engineering, or a health-related
field at an institution of higher education; and
(5) have obtained a cumulative grade point average of at
least 3.5 (or the equivalent as determined under regulations
prescribed by the Secretary)--
(A) at the end of the secondary school program of
study, in the case of a student enrolled or accepted
for enrollment in the first academic year of
undergraduate education; or
(B) at the end of the most recently completed
academic year of undergraduate education, in the case
of a student enrolled or accepted for enrollment in the
second, third, or fourth academic year of undergraduate
education.
(b) Continuing Eligibility.--In order for a student to continue to
be eligible to receive a scholarship under this Act for a subsequent
year of undergraduate education, the student shall maintain eligibility
under subsection (a), including fulfilling the grade point average
requirement under paragraph (5)(B) of such subsection.
SEC. 5. SELECTION.
(a) Application.--Each eligible student desiring a scholarship
under this Act shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
(b) Award Basis.--Subject to subsection (c), scholarships under
this section shall be awarded on a first-come, first-served basis and
subject to the availability of appropriations.
(c) Priority.--The Secretary shall give priority in awarding
scholarships under this section for an academic year to eligible
students who received a scholarship award under this section for the
preceding academic year.
SEC. 6. REGULATIONS.
The Secretary is authorized to prescribe such regulations as may be
necessary to carry out the provisions of this Act.
SEC. 7. DEFINITIONS.
For the purposes of this Act:
(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) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal year 2008, and for each succeeding
fiscal year.
|
Henry Ford Scholarship Program Act - Authorizes the Secretary of Education to establish a program awarding scholarships to high-achieving students (to be known as "Henry Ford Scholars") who graduate from secondary school after May 1, 2007, and pursue undergraduate degrees in mathematics, science, engineering, and health-related fields at institutions of higher education.
Awards each scholarship for one academic year, but gives recipients who continue to meet scholarship eligibility criteria priority for additional one-year scholarships, for up to four years of undergraduate study.
Sets forth eligibility criteria requiring applicants to have a cumulative grade point average of at least 3.5, and family or individual adjusted gross income of less than $200,000 or $100,000, respectively.
|
{"src": "billsum_train", "title": "To establish the Henry Ford Scholarship program to provide scholarships to high-achieving students to pursue undergraduate degrees in mathematics, science, engineering, and health-related fields."}
| 1,434 | 146 | 0.592256 | 1.668118 | 0.754388 | 3.482014 | 9.503597 | 0.877698 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Jobs Act of 2011''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) One-third of minority youth are unemployed.
(2) The labor force participation rate for persons without
a high school diploma is 20 percentage points lower than the
labor force participation rate for high school graduates.
(3) Nationally, approximately 70 percent of all students
graduate from high school, but African-American and Hispanic
students have a 55 percent or lower chance of graduating from
high school.
(4) High school dropouts from the class of 2004 will cost
the Nation more than $325,000,000,000 in lost wages, taxes, and
productivity over their lifetimes.
(5) Only 52 percent of students in the 50 largest cities in
the United States graduate from high school. That rate is below
the national high school graduation rate of 70 percent, and
also falls short of the average high school graduation rate of
60 percent for urban districts across the Nation.
(6) Over a lifetime, a high school dropout earns, on
average, about $260,000 less than a high school graduate, and
about $1,000,000 less than a college graduate.
(7) Approximately 75 percent of State prison inmates and 59
percent of Federal prison inmates have not completed high
school. Increasing the high school completion rate by 1 percent
for all men ages 20 to 60 would save the United States
$1,400,000,000 annually in reduced costs associated with crime.
(8) According to a recent study, a 10-percent increase in
the male high school graduation rate would reduce arrest rates
for murder and assault by about 20 percent, motor vehicle theft
by 13 percent, and arson by 8 percent.
(b) Purpose.--It is the purpose of this Act to provide adequate
resources for national nonprofit organizations to prevent and reduce
the disproportionate incarceration of eligible youth, especially
minority youth, and to prepare eligible youth for entry into
employment, or education leading to employment, that places
participants on a path to economic self-sufficiency and provides
opportunities for advancement, by providing a comprehensive set of
services that includes job training, education, and support services.
SEC. 3. URBAN JOBS PROGRAMS.
(a) In General.--Subtitle D of title I of the Workforce Investment
Act of 1998 is amended by inserting after section 173A (29 U.S.C.
2918a) the following:
``SEC. 173B. URBAN JOBS PROGRAMS.
``(a) Purpose.--The purpose of this section is to provide, through
competitive grants, needed resources for the following objectives:
``(1) To establish a feeder system for youth ages 18
through 24, who are out-of-school youth or are or have been
subject to the criminal justice process, in urban communities,
into employment, or education leading to employment, through
national intermediaries that have demonstrated effectiveness in
conducting outreach to, and serving, eligible youth through a
national network of community-based affiliates.
``(2) To provide a holistic approach for preparing eligible
youth in urban communities for entry into employment, or
education leading to employment, through a comprehensive set of
services.
``(3) To prevent and reduce the disproportionate
incarceration of eligible youth in urban communities, including
minority youth.
``(b) Definitions.--In this section:
``(1) Community-based affiliate.--The term `community-based
affiliate' means a community-based organization that is an
affiliate of a national intermediary.
``(2) Eligible youth.--The term `eligible youth' means
individuals ages 18 through 24 who--
``(A) are not enrolled in secondary or post-
secondary school; or
``(B) are or have been subject to any stage of the
criminal justice process.
``(3) National intermediary.--The term `national
intermediary' means a national private nonprofit community-
based organization that--
``(A) has an affiliate network comprised of
community-based organizations in at least 50 or more
urban communities;
``(B) has demonstrated expertise and effectiveness
in conducting outreach to eligible youth and providing
workforce investment activities to such youth; and
``(C) has operated in 25 States continuously for
more than 20 years.
``(4) Recidivism.--The term `recidivism' means a tendency
to return to criminal behavior.
``(5) Unsubsidized job.--The term `unsubsidized job' means
an employment position with an employer--
``(A) that pays the wages for the position; and
``(B) that does not receive public funds for the
creation and maintenance of the employment position.
``(6) Urban jobs program.--The term `Urban Jobs Program'
means an Urban Jobs Program funded under subsection (c).
``(c) Urban Jobs Program Grants.--
``(1) Grants.--The Secretary is authorized to make grants,
on a competitive basis, to national intermediaries for the
purpose of carrying out Urban Jobs Programs that provide a
comprehensive set of services to eligible youth in urban
communities to provide such youth with a pathway to employment,
or education leading to employment.
``(2) Application.--
``(A) Form and procedure.--To be eligible to
receive a grant under this subsection, a national
intermediary shall submit an application at such time,
in such manner, and accompanied by such information as
the Secretary may require.
``(B) Minimum requirements.--The Secretary shall
require that the application contain, at a minimum--
``(i) a request for the grant, specifying
the amount of the grant requested and proposed
uses of the grant funds;
``(ii) a description of how the national
intermediary will meet, for participants in the
Urban Jobs Program, goals consisting of--
``(I) increased long-term
employment in unsubsidized jobs;
``(II) reduced recidivism;
``(III) increased attainment of the
recognized equivalent of a high school
diploma;
``(IV) improved literacy and
numeracy; and
``(V) increased attainment of
industry-recognized certificates or
credentials, or preparation for entry
into an institution of higher education
without need for further remediation;
``(iii) a description of underlying
supports for the program, including--
``(I) engaged community partners;
``(II) staff expertise in youth
development; and
``(III) demonstrated understanding
of youth characteristics;
``(iv) a description of how the program
will enable program participants to achieve
outcomes consisting of--
``(I) creation of caring
relationships with peers and staff;
``(II) creation of goals (such as
the attainment described in clause
(ii)(III), attainment of employment,
admission to or completion of a degree
at an institution of higher education,
attainment of industry-recognized
certificates or credentials, or
preparation for entry into an
institution of higher education without
need for further remediation);
``(III) participation in
opportunities to contribute to the
community through service or
volunteerism;
``(IV) development of 21st century
workplace skills, including critical
thinking and collaboration;
``(V) development of a sense of
responsibility for one's future;
``(VI) development of plans or
strategies to meet one's goals;
``(VII) reduction of risk-taking
behaviors;
``(VIII) achievement of improved
educational outcomes (such as numeracy,
literacy, or the attainment described
in clause (ii)(II));
``(IX) achievement of improved
employment outcomes; and
``(X) reduction of recidivism; and
``(v) a description of activities to be
provided through the Urban Jobs Program that
lead to the attainment of industry-recognized
certificates or credentials described in
paragraph (3).
``(3) Eligible activities.--A national intermediary that
receives a grant under this subsection shall use the funds made
available through the grant to carry out an Urban Jobs Program,
which shall include the following comprehensive set of
services:
``(A) Case management, through an individual
responsible for helping participants navigate the Urban
Jobs Program activities.
``(B) Educational services, including skill
assessment, reading and math remediation, educational
enrichment, services involving preparation for and
opportunities for attainment of the recognized
equivalent of a high school diploma, services that
connect to career pathways such as opportunities for
attainment of industry-recognized certificates or
credentials or for preparation for entry into an
institution of higher education without the need for
further remediation, and postsecondary education.
``(C) Employment and job readiness activities,
including mentoring, community service opportunities,
internships, on-the-job training, occupational skills
training, personal development, and unsubsidized jobs.
``(D) Support services, health and nutrition
service referral, substance abuse counseling and
treatment, and provision of housing assistance,
interpersonal and basic living skills, and
transportation, child care, clothing, and other
assistance as needed.
``(4) Limitation.--Not more than 2 percent of the funds
appropriated for any fiscal year under section 174(d) may be
used for expenses associated with carrying out this subsection.
``(d) Reports.--
``(1) In general.--Not later than August 1 following each
program year for which amounts are made available to carry out
this section, the Secretary of Labor shall submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate, a report that details the progress
made under this section in establishing Urban Jobs Programs
through national intermediaries.
``(2) Inapplicability of section 172.--The program shall
not be subject to evaluations required under section 172.
``(e) National Jobs Council Advisory Committee.--
``(1) Establishment.--The Secretary of Labor shall
establish a committee to be known as the National Jobs Council
Advisory Committee (referred to in this subsection as the
`Committee').
``(2) Membership.--The Committee shall be comprised of 11
members, appointed by the Secretary, consisting of--
``(A) 3 individuals from the private sector, who
are senior human resources or diversity employees with
national or regional responsibilities, and who have
experience in oversight that includes hiring, employee
training, or overseeing employee relations;
``(B) 5 representatives of employers in high-
impact, high-growth industries, as defined by the
Secretary;
``(C) 1 national intermediary staff member; and
``(D) 2 representatives from the Department of
Labor.
``(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Committee. Any vacancy in the
Committee shall not affect the powers of the Committee, but
shall be filled in the same manner as the original appointment
was made.
``(4) Duties.--
``(A) Analysis.--The Committee shall analyze, and
prepare recommendations for the Secretary concerning--
``(i) the design and operation of the
program carried out under this section;
``(ii) long-term strategic priorities for
the program; and
``(iii) the formulation and application of
guidelines related to activities carried out
under the program.
``(B) Reports.--The Committee shall prepare and
submit to the Secretary periodic reports containing the
recommendations described in subparagraph (A).
``(5) Personnel.--
``(A) Travel expenses.--The members of the
Committee shall not receive compensation for the
performance of services for the Committee, but shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the Committee. Notwithstanding section
1342 of title 31, United States Code, the Secretary may
accept the voluntary and uncompensated services of
members of the Committee.
``(B) Detail of government employees.--Any Federal
Government employee may be detailed to the Committee
without reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
``(6) Permanent committee.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Committee.
``(f) Sense of Congress Regarding Local Advisory Committees.--It is
the sense of Congress that--
``(1) a community-based affiliate receiving funding under
this section should establish a local jobs council advisory
committee to aid in establishing support from the local
community for and guiding the local implementation of the
program; and
``(2) not less than \1/3\ of the members the committee
should be employers in high-impact, high-growth industries in
the locality.''.
(b) Funding.--Section 174 of the Workforce Investment Act of 1998
(29 U.S.C. 2919) is amended by adding at the end the following:
``(d) Urban Jobs Programs.--There is authorized to be appropriated
to carry out section 173B--
``(1) $20,000,000 for fiscal year 2012;
``(2) $30,000,000 for fiscal year 2013;
``(3) $40,000,000 for fiscal year 2014;
``(4) $50,000,000 for fiscal year 2015; and
``(5) $60,000,000 for fiscal year 2016.''.
(c) Conforming Amendment.--The table of contents in section 1(b) of
the Workforce Investment Act of 1998 is amended--
(1) by inserting a period at the end of the item relating
to section 173A; and
(2) by inserting after the item relating to section 173A
the following:
``Sec. 173B. Urban jobs programs.''.
|
Urban Jobs Act of 2011 - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to make competitive grants to national private nonprofit community-based organizations to carry out Urban Jobs Programs to provide job training, education, and support services and activities for eligible urban youth to provide them with a pathway to employment, or education leading to employment.
Defines "eligible youth" as individuals ages 18 to 24 who: (1) are not enrolled in secondary or post-secondary school, or (2) are or have been subject to the criminal justice process.
Directs the Secretary to establish a National Jobs Council Advisory Committee.
Expresses the sense of Congress that: (1) community-based affiliates should establish local jobs council advisory committees to aid in establishing local community support for local implementation of the program; and (2) at least one-third of the members of the committee should be employers in high-impact, high-growth industries in the locality.
|
{"src": "billsum_train", "title": "A bill to amend the Workforce Investment Act of 1998 to authorize the Secretary of Labor to provide grants for Urban Jobs Programs, and for other purposes."}
| 3,050 | 203 | 0.509154 | 1.532547 | 0.866554 | 4.141361 | 15.246073 | 0.947644 |
SECTION 1. DEFINITIONS.
Section 24102 of title 49, United States Code, is amended--
(1) by striking paragraphs (1), (2), (3), (6), (7), (10),
and (11); and
(2) by redesignating paragraphs (4), (5), (8), and (9) as
paragraphs (1), (2), (3), and (4), respectively.
SEC. 2. ENFORCEMENT.
Section 24103 of such title is amended--
(1) by repealing subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 24104 of such title is amended to read as follows:
``Sec. 24104. Authorization of appropriations
``There are authorized to be appropriated to the Secretary of
Transportation for the benefit of Amtrak--
``(1) $700,000,000 for fiscal year 1998;
``(2) $600,000,000 for fiscal year 1999;
``(3) $400,000,000 for fiscal year 2000; and
``(4) $200,000,000 for fiscal year 2001.
No funds are authorized to be appropriated to the Secretary for the
benefit of Amtrak for any fiscal year after fiscal year 2001.''.
SEC. 4. CHAPTER 243 AMENDMENTS.
Chapter 243 of such title is amended--
(1) in the table of sections--
(A) by striking the items relating to sections
24302 through 24315; and
(B) by inserting after the item relating to section
24301 the following new item:
``24302. Relinquishment of rights to stock, notes, and mortgages.'';
(2) in section 24301--
(A) by repealing subsections (b), (c), (d), (e),
(f), (g), (h), (i), (j), (k), (l), and (n); and
(B) by redesignating subsection (m) as subsection
(b);
(3) by repealing sections 24302 through 25315; and
(4) by adding at the end the following new section:
``Sec. 24302. Relinquishment of rights to stock, notes, and mortgages
``The United States relinquishes any rights held by virtue of any
stock, note of indebtedness, or mortgage issued by or entered into with
Amtrak.''.
SEC. 5. CHAPTER 245 AMENDMENTS.
(a) Section 24501(g) Amendment.--Section 24501(g) of such title is
amended by striking ``Amtrak is exempt'' and inserting in lieu thereof
``Amtrak Commuter is exempt''.
(b) Section 24504(c) Repeal.--Section 24504(c) of such title is
repealed.
SEC. 6. CHAPTERS 247 AND 249 REPEALED.
Chapters 247 and 249 of such title, and the items relating thereto
in the table of chapters of subtitle V of such title, are repealed.
SEC. 7. SERVICE DISCONTINUANCE.
(a) Amendment.--Chapter 241 of such title is amended by adding at
the end the following new section:
``Sec. 24105. Service discontinuance
``(a) Wage Continuation or Severance Benefit.--Notwithstanding any
arrangement in effect before the date of enactment of this section, no
employee of a rail carrier providing rail passenger transportation
whose employment is terminated as a result of a discontinuance of
intercity rail passenger service shall receive any wage continuation or
severance benefit in excess of 6 months pay. This subsection shall not
affect the obligations of rail carriers under section 11326 of this
title.
``(b) Transfer.--Notwithstanding any arrangement in effect before
the date of enactment of this section, a rail carrier providing rail
passenger transportation may require an employee whose position is
eliminated as a result of a discontinuance of intercity rail passenger
service to transfer to any vacant position for which the employee can
be made qualified on any part of such rail carrier's system. If such
transfer requires a change in residence or seniority district, the
employee shall choose--
``(1) to transfer to the position and be covered by the
collective bargaining agreement applicable to the seniority
district to which he is transferred; or
``(2) to voluntarily furlough himself at his home location
and receive protective benefits not in excess of the amount
authorized under subsection (a).
For purposes of this subsection, a transfer shall be considered to
require a change in residence if the new employment is more than 30
miles from the employee's place of residence and is farther from that
residence than was the former work location.''.
(b) Table of Sections.--The table of sections of chapter 241 of
such title is amended by adding at the end the following new item:
``24105. Service Discontinuance.''.
SEC. 8. FEDERAL EMPLOYERS' LIABILITY ACT.
The Act entitled ``An Act relating to the liability of common
carriers by railroad to their employees in certain cases.'', enacted
April 22, 1908 (45 U.S.C. 51 et seq.; popularly referred to as the
``Federal Employers' Liability Act'' or the ``Employers' Liability
Act'') is amended by adding at the end the following new section:
``Sec. 11. This Act shall not apply to common carriers to the
extent they provide rail passenger transportation.''.
SEC. 9. CONFORMING AMENDMENTS.
(a) Employee Protective Arrangements.--Section 11326 of title 49,
United States Code, is amended by striking ``, and the terms
established under section 24706(c) of this title''.
(b) Terminal Facilities.--Section 5567 of title 49, United States
Code, and the item relating thereto in the table of sections of chapter
55 of such title, are repealed.
SEC. 10. EFFECTIVE DATES.
(a) General Rule.--Except as otherwise provided in this section,
this Act shall take effect 1 year after the date of its enactment.
(b) Exceptions.--(1) Sections 3, 7, and 8 of this Act shall take
effect immediately upon enactment.
(2) The repeal of section 24909 of title 49, United States Code,
shall take effect on October 1, 1997.
|
Amends Federal transportation law to repeal specified authorities with respect to the National Railroad Passenger Corporation (Amtrak), eliminating intercity rail passenger transportation (while retaining Amtrak commuter services).
Repeals a provision which provides for the judicial review of the discontinuance of a route, a train, or transportation, or the reduction in the frequency of transportation by Amtrak.
Authorizes appropriations in decreasing amounts over four fiscal years.
Repeals specified laws that apply to Amtrak operations, abolishing the Board of Directors.
Declares that the United States relinquishes all rights held in any stock, note of indebtedness, or mortgage issued by or entered into with Amtrak.
Repeals: (1) certain provisions which require Amtrak to make an agreement to avoid duplicating employee functions; (2) all authority for operation of the Amtrak route system; and (3) all authority for the Northeast Corridor improvement program.
Prohibits a rail carrier employee whose employment is terminated as a result of a discontinuance of intercity rail passenger service from receiving any wage continuation or severance benefit in excess of six months pay. Authorizes a rail carrier to require an employee whose position is eliminated as a result of such discontinuance to transfer to any vacant position for which he or she can be made qualified on any part of the rail carrier's system.
(Sec. 8) Amends the Federal Employers' Liability Act (or Employers' Liability Act) to declare that it shall not apply to common carriers to the extent they provide rail passenger transportation.
|
{"src": "billsum_train", "title": "To amend title 49, United States Code, to eliminate provisions of Federal law that provide special support for, or burdens on, the operation of Amtrak as a passenger rail carrier, and for other purposes."}
| 1,454 | 355 | 0.448301 | 1.381154 | 0.64407 | 3.288194 | 4.461806 | 0.788194 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Aeronautical Research and
Competitiveness Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) aircraft production in the United States affects nearly
80 percent of the economy;
(2) for every dollar increase in shipments of United States
aircraft internationally, the United States economy output
increases by an estimated $2.30;
(3) for every $1,000,000,000 of aircraft shipments
internationally, nearly 35,000 jobs are created;
(4) many of the advanced aircraft technologies developed by
the National Aeronautics and Space Administration and the
Department of Defense have application in design, development,
testing, and production for both civil aircraft and military
aircraft;
(5) a decrease in military aviation programs will have a
negative impact on civil aviation programs;
(6) the National Aeronautics and Space Administration has
found that it must strengthen its capabilities and take a more
assertive role in coordinating and facilitating long-term
United States aeronautical research efforts;
(7) research programs at the National Aeronautics and Space
Administration that have potential applications in both
military and civil aviation include wind tunnels and wind
tunnel technology, high-speed research technology, rotorcraft
technology, high performance aircraft technology, supersonic
technology, and others;
(8) joint technology development programs among the
Department of Defense, the National Aeronautics and Space
Administration, and industry would allow for transferring
skills and technologies from the defense to the civilian
aerospace sector and would allow for the transfer back to
defense, when necessary; and
(9) such joint programs could allow for the Department of
Defense contribution to the programs to be phased out over 5
years, which would allow the defense industry to make the
transfer to the civilian aerospace sector and produce needed
aerospace technology.
SEC. 3. JOINT AERONAUTICAL RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--The Administrator and the Secretary shall
jointly establish a program for the purpose of conducting research on
aeronautical technologies that have application to both military and
civil aeronautical vehicles and that enhance United States
competitiveness. Such program shall include research on--
(1) next-generation wind tunnel and advanced wind tunnel
instrumentation technology;
(2) advanced engine materials, engine concepts, and testing
of propulsion systems or components of the high-speed civil
transport research program;
(3) high performance aircraft research;
(4) advanced rotorcraft research;
(5) advanced hypersonic aeronautical research;
(6) environmentally compatible technologies, including
technologies that limit or reduce noise and air pollution; and
(7) relevant human factors, including the human factors
which may affect or be affected by the transfer of aeronautical
technologies from the military sector to the civil sector.
(b) Contracts and Grants.--Contracts and grants entered into under
the program established under subsection (a) shall be administered
using procedures developed jointly by the Secretary and the
Administrator. These procedures should include scientific peer review
and an integrated acquisition policy for contract and grant
requirements and for technical data rights that are not an impediment
to joint programs among the Department of Defense, the National
Aeronautics and Space Administration, and industry.
SEC. 4. AERONAUTICAL RESEARCH PLAN.
(a) Requirement.--Within 180 days after the date of the enactment
of this Act, the Administrator and the Secretary, in consultation with
the advisory committee, shall prepare and transmit to Congress a
national aeronautical research plan setting forth the research and
development that the Administrator and the Secretary consider necessary
to advance aeronautical technologies over the 5-year period beginning
in fiscal year 1993.
(b) Objectives of Plan.--The objectives of the plan prepared under
subsection (a) shall include--
(1) selected programs that jointly enhance public and
private aeronautical technology development;
(2) an opportunity for private defense contractors to be
involved in transition activities to the civilian sector; and
(3) the transfer of Federal Government-developed
technologies to the private sector to promote economic strength
and competitiveness.
(c) Contents of Plan.--The plan prepared under subsection (a) shall
include--
(1) for the first year, detailed objectives and estimates
of the schedule, cost, and manpower levels for each research
project, and a description of the scope and content of each
major contract or grant;
(2) for the second through fifth years, estimates of the
total cost of each major project for such year and a list of
all major research projects which may be required to meet the
objectives;
(3) a 5-year schedule for the decrease of Federal
contribution and corresponding increase in private sector
contributions for the research and development program; and
(4) the portion of the Federal contribution that each
Federal agency will contribute.
(d) Annual Update.--The plan prepared under subsection (a) shall be
updated annually, to reflect changes in global aviation technologies
and United States competitiveness.
SEC. 5. ADVISORY COMMITTEE.
(a) Establishment.--Within 90 days after the date of enactment of
this Act, the Administrator and the Secretary shall establish an
Aeronautical Research Advisory Committee.
(b) Purposes.--The purposes of the advisory committee shall be--
(1) to provide advice and recommendations to the
Administrator and the Secretary regarding needs, objectives,
approaches, content, funding levels, and accomplishments with
respect to the aeronautical research program established under
section 3;
(2) to advise the Administrator and the Secretary on the
preparation of the aeronautical research plan under section 4,
including annual updates thereto;
(3) to evaluate the technologies underway in the private
sector, other Federal agencies, and other countries that will
lead to the development of dual-use technologies and programs,
and to make recommendations for future dual-use technology
needs, taking into account the need to avoid duplication of
effort;
(4) to propose long-term research needs; and
(5) to assess international competition.
(c) Membership.--The advisory committee shall be composed of not
more than 20 members, to be appointed jointly by the Administrator and
the Secretary, from among persons who are not employees of the National
Aeronautics and Space Administration or the Department of Defense and
who are especially qualified to serve on the advisory committee by
virtue of their education, training, or experience. In appointing
members of the advisory committee, the Administrator and the Secretary
shall ensure that universities, corporations, associations, industry,
and other Federal agencies are represented. The majority of the members
of the advisory committee shall be representatives of industry.
(d) Chairperson.--The Administrator and the Secretary shall
designate one member of the advisory committee as the chairperson, who
shall be qualified in both military and civil aeronautical research,
and in the applications of such research.
(e) Subordinate Committees.--The Administrator and the Secretary,
or the advisory committee, may establish subordinate committees to the
advisory committee to provide advice and recommendations on specific
areas of research conducted under this Act.
(f) Administrative and Support Services.--The Administrator shall
provide support staff and, on the request of the advisory committee,
such information, administrative services, and supplies as the
Administrator determines are necessary for the advisory committee to
carry out its purposes.
(g) Termination.--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 advisory committee.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the National Aeronautics and Space Administration;
(2) the term ``advisory committee'' means the Aeronautical
Research Advisory Committee established under section 5; and
(3) the term ``Secretary'' means the Secretary of Defense.
|
National Aeronautical Research and Competitiveness Act of 1993 - Directs the Administrator of the National Aeronautics and Space Administration and the Secretary of Defense to: (1) establish a joint military and civilian aeronautical research and development program; (2) prepare and transmit to the Congress a five-year aeronautical research plan; and (3) establish an Aeronautical Research Advisory Committee.
|
{"src": "billsum_train", "title": "National Aeronautical Research and Competitiveness Act of 1993"}
| 1,657 | 81 | 0.624949 | 1.478239 | 1.030632 | 3.514286 | 22.828571 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hoh Indian Tribe Safe Homelands
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
approximately 37-acre parcel of land--
(A) administered by the National Park Service;
(B) located in sec. 20, T. 26N, R. 13W, W.M., south of the
Hoh River; and
(C) depicted on the Map.
(2) Map.--The term ``Map'' means the map entitled ``Hoh Indian
Tribe Safe Homelands Act Land Acquisition Map'' and dated May 14,
2009.
(3) Non-federal land.--The term ``non-Federal land'' means the
approximately 434 acres of land--
(A) owned by the Tribe; and
(B) depicted on the Map.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Tribe.--The term ``Tribe'' means the Hoh Indian Tribe.
SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF TRIBE.
(a) Federal Land.--
(1) In general.--Effective beginning on the date of enactment
of this Act--
(A) all right, title, and interest of the United States in
and to the Federal land are considered to be held in trust by
the United States for the benefit of the Tribe, without any
action required to be taken by the Secretary; and
(B) the Federal land shall be excluded from the boundaries
of Olympic National Park.
(2) Survey by tribe.--
(A) In general.--The Tribe shall--
(i) conduct a survey of the boundaries of the Federal
land; and
(ii) submit the survey to the Director of the National
Park Service for review and concurrence.
(B) Action by director.--Not later than 90 days after the
date on which the survey is submitted under subparagraph
(A)(ii), the Director of the National Park Service shall--
(i) complete the review of the survey; and
(ii) provide to the Tribe a notice of concurrence with
the survey.
(C) Availability of survey.--Not later than 120 days after
the date on which the notice of concurrence is provided to the
Tribe under subparagraph (B)(ii), the Secretary shall--
(i) submit a copy of the survey to the appropriate
committees of Congress; and
(ii) make the survey available for public inspection at
the appropriate office of the Secretary.
(b) Non-Federal Land.--
(1) In general.--On fulfillment of each condition described in
paragraph (2), and in accordance with the regulations of the
Department of the Interior for implementing the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are
applicable to trust land acquisitions for Indian tribes that are
mandated by Federal legislation, the Secretary shall take the non-
Federal land into trust for the benefit of the Tribe.
(2) Conditions.--The conditions referred to in paragraph (1)
are that the Tribe shall--
(A) convey to the Secretary all right, title, and interest
in and to the non-Federal land; and
(B) submit to the Secretary a request to take the non-
Federal land into trust for the Tribe.
(c) Congressional Intent.--It is the intent of Congress that--
(1) the condition of the Federal land as in existence on the
date of enactment of this Act should be preserved and protected;
(2) the natural environment existing on the Federal land on the
date of enactment of this Act should not be altered, except as
otherwise provided by this Act; and
(3) the Tribe and the National Park Service shall work
cooperatively regarding issues of mutual concern relating to this
Act.
(d) Availability of Map.--Not later than 120 days after the survey
required by subsection (a)(2)(A) has been reviewed and concurred in by
the National Park Service, the Secretary shall make the Map available
to the appropriate congressional committees. The Map also shall be
available for public inspection at the appropriate offices of the
Secretary.
SEC. 4. USE OF FEDERAL LAND BY TRIBE; COOPERATIVE EFFORTS.
(a) Use of Federal Land by Tribe.--
(1) Restrictions on use.--The use of the Federal land by the
Tribe shall be subject to the following conditions:
(A) Buildings and structures.--No commercial, residential,
industrial, or other building or structure shall be constructed
on the Federal land.
(B) Natural condition and environment.--The Tribe--
(i) shall preserve and protect the condition of the
Federal land as in existence on the date of enactment of
this Act; and
(ii) shall not carry out any activity that would
adversely affect the natural environment of the Federal
land, except as otherwise provided by this Act.
(C) Logging and hunting.--To maintain use of the Federal
land as a natural wildlife corridor and provide for protection
of existing resources of the Federal land, no logging or
hunting shall be allowed on the Federal land.
(D) Roads.--
(i) Routine maintenance.--Routine maintenance may be
conducted on the 2-lane county road that crosses the
Federal land as in existence on the date of enactment of
this Act.
(ii) Expansion.--The county road described in clause
(i) may not be widened or otherwise expanded.
(iii) Reconstruction.--If the county road described in
clause (i) is compromised due to a flood or other natural
or unexpected occurrence, the county road may be
reconstructed to ensure access to relevant areas.
(iv) Other access routes.--Except as provided in clause
(iii) and subsection (b)(2), no other road or access route
shall be permitted on the Federal land.
(2) Uses approved by treaty.--
(A) In general.--The Tribe may authorize any member of the
Tribe to use the Federal land for--
(i) ceremonial purposes; or
(ii) any other activity approved by a treaty between
the United States and the Tribe.
(B) No effect on treaty rights of tribe.--Nothing in this
Act affects any treaty right of the Tribe in existence on the
date of enactment of this Act.
(b) Cooperative Efforts.--The Secretary and the Tribe--
(1) shall enter into cooperative agreements--
(A) for joint provision of emergency fire aid, on
completion of the proposed emergency fire response building of
the Tribe; and
(B) to provide opportunities for the public to learn more
regarding the culture and traditions of the Tribe;
(2) may develop and establish on land taken into trust for the
benefit of the Tribe pursuant to this Act a multipurpose,
nonmotorized trail from Highway 101 to the Pacific Ocean; and
(3) shall work cooperatively on any other issues of mutual
concern relating to land taken into trust for the benefit of the
Tribe pursuant to this Act.
SEC. 5. GAMING PROHIBITION.
The Tribe may not conduct on any land taken into trust pursuant to
this Act any gaming activities--
(1) as a matter of claimed inherent authority; or
(2) under any Federal law (including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) (including any regulations
promulgated by the Secretary or the National Indian Gaming
Commission pursuant to that Act)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Hoh Indian Tribe Safe Homelands Act - Declares that certain federal land in the state of Washington shall be: (1) held in trust by the United States for the benefit of the Hoh Indian Tribe: and (2) part of the Tribe's reservation. Excludes such land from the Olympic National Park.
Directs the Tribe to: (1) conduct a federal land survey; and (2) submit the survey to the Director of the National Park Service for review and concurrence.
Directs the Secretary, upon conveyance of specified nonfederal land owned by the Tribe, to take such land into trust for the benefit of the Tribe.
Prohibits on the federal land: (1) the placement of commercial, residential, or industrial buildings or other structures; (2) any actions that would adversely affect the natural environment; or (3) logging and hunting activities.
Directs the Secretary and the Tribe to make cooperative agreements: (1) for mutual emergency fire aid; and (2) to provide opportunities for the public to learn more about the Tribe's culture and traditions.
Authorizes the Secretary and the Tribe to establish on the land taken into trust a multipurpose nonmotorized trail from Highway 101 to the Pacific Ocean.
Prohibits gaming on land taken into trust under this Act.
|
{"src": "billsum_train", "title": "To transfer certain land to the United States to be held in trust for the Hoh Indian Tribe, to place land into trust for the Hoh Indian Tribe, and for other purposes."}
| 1,726 | 267 | 0.6181 | 1.698072 | 0.899821 | 3.588 | 6.112 | 0.868 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long Term Care Quality and Consumer
Information Improvement Act of 2004''.
SEC. 2. MEDICARE PAYMENT ADJUSTMENTS FOR SKILLED NURSING FACILITIES
BASED ON QUALITY DATA.
(a) In General.--Section 1888(e) of the Social Security Act (42
U.S.C. 1395yy(e)) is amended by adding at the end the following new
paragraph:
``(13) Payment adjustments based on quality data.--
``(A) Establishment of quality measures.--
``(i) In general.--Subject to the
succeeding provisions of this subparagraph, not
later than July 1, 2005, the Secretary shall
establish between 10 and 15 quality measures
applicable with respect to skilled nursing
facilities in addition to any quality measures
applicable with respect to such facilities
established prior to January 1, 2005.
``(ii) Consultation.--In establishing the
quality measures under clause (i), the
Secretary shall consult with--
``(I) residents of skilled nursing
facilities;
``(II) representatives of patient
advocacy organizations;
``(III) State regulatory
representatives;
``(IV) representatives from the
skilled nursing facility industry; and
``(V) experts on quality measures.
``(iii) Staffing and mix of licensed
staff.--At least one of the quality measures
established under clause (i) shall relate to
the level of skilled nursing facility staffing
and the mix of licensed staff.
``(iv) Establishment and application of
risk adjustment methodology.--The quality
measures established under clause (i) shall
take into account the relative risks associated
with the population of each skilled nursing
facility to ensure that the differences in the
quality measures reflect differences in the
care provided by the facilities and not
differences in resident population
characteristics by using a risk adjustment
methodology established for purposes of this
subsection. The risk adjustment methodology
established and applied under this clause may
exclude certain types of residents, stratify
residents into high-risk and low-risk groups,
or use a statistical adjustment, such as a
regression analysis, that takes into
consideration multiple characteristics for each
resident.
``(v) Special provision for small skilled
nursing facilities.--The Secretary, in
consultation with the individuals and groups
described in clause (ii), shall establish
criteria for determining which quality measures
established under clause (i) do not apply with
respect to skilled nursing facilities that are
not large enough to yield meaningful data with
respect to such measure.
``(vi) Annual review and revision.--The
Secretary, in consultation with the individuals
and groups described in clause (ii), shall
annually review and revise the quality measures
established under clause (i), as the Secretary,
in consultation with such individuals and
groups, determines appropriate.
``(B) Reporting on quality measures.--
``(i) Submission of data.--Each skilled
nursing facility that desires to receive a
payment adjustment under subparagraph (C) shall
submit such data at such time and in such form
and manner as the Secretary, in consultation
with the individuals and groups described in
subparagraph (A)(ii), requires for purposes of
applying the quality measures established under
subparagraph (A)(i).
``(ii) Publication of quality ratings.--Not
less frequently than annually, the Secretary
shall cause to be posted on the Internet
website of the Centers for Medicare & Medicaid
Services and to be published in newspapers with
a national circulation a quality rating for
each skilled nursing facility submitting data
under clause (i) by using such data to apply
the quality measures established under
subparagraph (A)(i) to each facility.
``(C) Additional payment amount.--
``(i) In general.--Subject to clause (iv),
each skilled nursing facility that submits data
under subparagraph (B)(i) shall receive the
update described in clause (ii) and the payment
adjustment described in clause (iii).
``(ii) Full market basket update.--
Notwithstanding paragraph (4)(E)(ii) or any
other provision of law, each skilled nursing
facility described in clause (i) shall receive
the full market basket update for the year
following the year in which such data is
submitted.
``(iii) Payments based on quality.--The
Secretary shall adjust the total payment amount
under this subsection for skilled nursing
facilities described in clause (i) as follows:
``(I) Beginning with fiscal year
2006, for each of the skilled nursing
facilities that the Secretary
determines, based on the quality
measures established under subparagraph
(A)(i) for the preceding fiscal year,
to be--
``(aa) in the top 10
percent of all nursing
facilities that submitted data
under subparagraph (B)(i)
during the preceding fiscal
year, each payment amount
determined under the other
provisions of this subsection
shall be increased by 2 percent
of that amount; and
``(bb) below the top 10
percent of such nursing
facilities, but within the top
20 percent of such facilities,
each payment amount determined
under the other provisions of
this subsection shall be
increased by 1 percent of that
amount.
``(II) Beginning with fiscal year
2007, for each of the skilled nursing
facilities that the Secretary
determines, based on the quality
measures established under subparagraph
(A)(i), to be in the bottom 20 percent
of all nursing facilities that
submitted data under subparagraph
(B)(i), each payment amount determined
under the other provisions of this
subsection shall be decreased by 1
percent of that amount.
``(iv) Special provision for small skilled
nursing facilities.--The Secretary may not
refuse to provide a full market basket update
under clause (ii) or to provide an increase or
reduction under clause (iii) with respect to a
skilled nursing facility because such facility
does not submit data with respect to a quality
measure that does not apply to the nursing
facility as a result of the application of the
criteria established under subparagraph (A)(v).
``(D) Budget neutrality.--In implementing this
paragraph, the Secretary shall ensure that the
aggregate amount of expenditures made by the Secretary
under this title in a fiscal year does not exceed the
aggregate amount which the Secretary would have
expended under this title in the year if this paragraph
had not been enacted. In determining the aggregate
amount which the Secretary would have expended under
this title in the year if this paragraph had not been
enacted, the Secretary shall assume a current services
budget baseline that includes in the assumption of
current services a level of expenditures for covered
skilled nursing facility services that reflects a
continuation of the Resource Utilization Groups (RUGS)
that were used for making payments under this section
during fiscal year 2004.''.
(b) Evaluation and Report.--
(1) Evaluation.--The Secretary of Health and Human Services
shall conduct an evaluation of the implementation of the
amendment made by subsection (a), including an evaluation of
the number of skilled nursing facilities that submit the data
pursuant to paragraph (13)(B) of section 1888(e) of the Social
Security Act (42 U.S.C. 1395yy(e)), as added by subsection (a).
(2) Report.--Not later than December 31, 2007, the
Secretary of Health and Human Services shall submit a report to
Congress on the evaluation conducted under paragraph (1)
together with recommendations for such legislation and
administrative actions as the Secretary considers appropriate.
|
Long Term Care Quality and Consumer Information Improvement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for payment adjustments for skilled nursing facilities based on quality data.
|
{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide medicare beneficiaries with access to information concerning the quality of care provided by skilled nursing facilities and to provide incentives to skilled nursing facilities to improve the quality of care provided by those facilities by linking the amount of payment under the medicare program to quality reporting and performance requirements, and for other purposes."}
| 1,634 | 47 | 0.558048 | 1.311439 | 0.755618 | 4.513514 | 41.918919 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Customer Experience
Act of 2018''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds that--
(1) the Federal Government serves the people of the United
States and should seek to continually improve public services
provided by the Federal Government based on customer feedback;
(2) the people of the United States deserve a Federal
Government that provides efficient, effective, and high-quality
services across multiple channels;
(3) many agencies, offices, programs, and Federal employees
provide excellent service to individuals, however many parts of
the Federal Government still fall short on delivering the
customer service experience that individuals have come to
expect from the private sector;
(4) according to the 2016 American Customer Satisfaction
Index, the Federal Government ranks among the bottom of all
industries in the United States in customer satisfaction;
(5) providing quality services to individuals improves the
confidence of the people of the United States in their
government and helps agencies achieve greater impact and
fulfill their missions; and
(6) improving service to individuals requires agencies to
work across organizational boundaries, leverage technology,
collect and share standardized data, and develop customer-
centered mindsets and service strategies.
(b) Sense of Congress.--It is the sense of Congress that all
agencies should strive to provide high-quality, courteous, effective,
and efficient services to the people of the United States and seek to
measure, collect, report, and utilize metrics relating to the
experience of individuals interacting with agencies to continually
improve services to the people of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(3) Covered agency.--The term ``covered agency'' means an
agency or component of an agency that is designated as a
``covered agency'' pursuant to section 5(a).
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Voluntary customer service feedback.--The term
``voluntary customer service feedback'' means a response to a
collection of information conducted by a covered agency in
accordance with this Act.
SEC. 4. APPLICATION OF CERTAIN PROVISIONS OF THE PAPERWORK REDUCTION
ACT TO COLLECTION OF VOLUNTARY CUSTOMER SERVICE FEEDBACK.
Sections 3506(c) and 3507 of title 44, United States Code
(provisions of what is commonly known as the ``Paperwork Reduction
Act'') shall not apply to a collection of voluntary customer service
feedback.
SEC. 5. GUIDELINES FOR VOLUNTARY CUSTOMER SERVICE FEEDBACK.
(a) Evaluation and Designation.--The Director shall assess
agencies, agency components, and agency programs to identify which have
the highest impact on or number of interactions with individuals or
entities. Based on the assessment, the Director shall designate
agencies, agency components, or programs as covered agencies for
purposes of this Act.
(b) Guidance.--The Director shall issue guidance that requires each
covered agency that solicits voluntary customer service feedback to
ensure that--
(1) any response to the solicitation of voluntary customer
service feedback remains anonymous, the collection method does
not include a request for or opportunity for the respondent to
provide information that could identify such respondent, and
any response is not traced to a specific individual or entity;
(2) any individual or entity who declines to participate in
the solicitation of voluntary customer service feedback shall
not be treated differently by the agency for purposes of
providing services or information;
(3) the solicitation does not include more than 10
questions;
(4) the voluntary nature of the solicitation is clear;
(5) the collection of voluntary customer service feedback
is only used to improve customer service and will not be used
for any other purpose;
(6) any solicitation of voluntary customer service feedback
is limited to 1 solicitation per interaction with an individual
or entity;
(7) to the extent practicable, the solicitation of
voluntary customer service feedback is made at the point of
service with an individual or entity;
(8) any instrument for collecting voluntary customer
service feedback is accessible to individuals with disabilities
in accordance with section 508 of the Rehabilitation Act of
1973 (29 U.S.C. 794d); and
(9) internal agency data governance policies remain in
effect with respect to the collection of voluntary customer
service feedback from any individual or entity.
SEC. 6. CUSTOMER EXPERIENCE DATA COLLECTION.
(a) Collection of Responses.--The head of each covered agency (or a
designee), assisted by and in consultation with the Performance
Improvement Officer or other senior accountable official for customer
service of the covered agency, shall collect voluntary customer service
feedback with respect to any service of or transaction with the covered
agency that has been identified by the Director, in consultation with
the Administrator, in accordance with the guidance issued by the
Director under section 5.
(b) Content of Questions.--
(1) Standardized questions.--The Director, in consultation
with the Administrator, shall develop a set of standardized
questions for use by each covered agency in collecting
voluntary customer service feedback under this section that
address--
(A) overall satisfaction of individuals or entities
with the specific interaction or service received;
(B) the extent to which individuals or entities
were able to accomplish their intended task or purpose;
(C) whether the individual or entity was treated
with respect and professionalism;
(D) whether the individual or entity believes they
were served in a timely manner; and
(E) any additional metrics as determined by the
Director, in consultation with the Administrator.
(2) Additional questions.--In addition to the questions
developed pursuant to paragraph (1), the Director shall consult
with the Performance Improvement Council to develop additional
questions relevant to the operations or programs of covered
agencies.
(c) Additional Requirements.--To the extent practicable--
(1) each covered agency shall collect voluntary customer
service feedback across all platforms or channels through which
the covered agency interacts with individuals or other entities
to deliver information or services; and
(2) voluntary customer service feedback collected under
this section shall be tied to specific transactions or
interactions with customers of the covered agency.
(d) Reports.--
(1) Annual report to the director.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, and not less
frequently than annually thereafter, each covered
agency shall publish on the website of the covered
agency and submit to the Director, in a manner
determined by the Director--
(i) a report that includes--
(I) the voluntary customer service
feedback for the previous year; and
(II) descriptions of how the
covered agency has used and plans to
use such feedback; and
(ii) a machine readable dataset that
includes--
(I) the the standardized questions
or additional questions described in
subsection (b) and the response choices
for such questions; and
(II) the response rate for each
collection of voluntary customer
service feedback for the previous year.
(B) Centralized website.--The Director shall--
(i) include and maintain on a publicly
available website links to the information
provided on the websites of covered agencies
under subparagraph (A); and
(ii) for purposes of clause (i), establish
a website or make use of an existing website,
such as the website required under section 1122
of title 31, United States Code.
(2) Aggregated report.--Each covered agency shall publish
in an electronic format and update on a regular basis an
aggregated report on the solicitation and use of voluntary
customer service feedback, which shall include--
(A) the intended purpose of each solicitation of
voluntary customer service feedback conducted by the
covered agency;
(B) the appropriate point of contact within each
covered agency for each solicitation of voluntary
customer service feedback conducted;
(C) the questions or survey instrument submitted to
members of the public as part of the solicitation of
voluntary customer service feedback; and
(D) a description of how the covered agency uses
the voluntary customer service feedback received by the
covered agency to improve the customer service of the
covered agency.
SEC. 7. CUSTOMER EXPERIENCE SCORECARD REPORT.
(a) In General.--Not later than 15 months after the date on which
all covered agencies have submitted the first annual reports to the
Director required under section 6(d)(1), and every 2 years thereafter
until the date that is 10 years after such date, the Comptroller
General of the United States shall make publicly available and submit
to the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of the
House of Representatives a scorecard report assessing the data
collected and reported by the covered agencies and each instrument used
to collect voluntary customer service feedback.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a summary of the information required to be published
by covered agencies under section 6(d);
(2) a description of how each covered agency plans to use
and has used the voluntary customer service feedback received
by the covered agency; and
(3) an evaluation of each covered agency's compliance with
this Act.
SEC. 8. SENSE OF CONGRESS.
It is the sense of Congress that adequate Federal funding is needed
to ensure agency staffing levels that can provide the public with
appropriate customer service levels.
Passed the House of Representatives November 29, 2018.
Attest:
KAREN L. HAAS,
Clerk.
|
Federal Agency Customer Experience Act of 2017 This bill exempts an agency's authority to collect information that is voluntary feedback from the federal information resources management activities authority of the the Office of Management and Budget (OMB) under the Paperwork Reduction Act. "Voluntary feedback" is defined as any submission of information, opinion, or concern that is: (1) voluntarily made by a specific individual or entity relating to a particular service of or transaction with an agency, and (2) specifically solicited by that agency. Each agency that solicits voluntary feedback shall ensure that: responses to the solicitation remain anonymous, individuals who decline to participate shall not be treated differently by the agency for purposes of providing services or information, the voluntary nature of the solicitation is clear, and the proposed solicitation of voluntary feedback will contribute to improved customer service. Each agency shall: (1) collect voluntary feedback with respect to its services and transactions, (2) annually publish such feedback on its website and report on such feedback to OMB, and (3) publish aggregated reports on the solicitation of such feedback. OMB shall: (1) develop a set of standardized questions for use by agencies in collecting such feedback on service satisfaction, timeliness, and professionalism; and (2) include and maintain on a publicly available website links to the information provided on the agency websites. The Government Accountability Office shall make publicly available and submit to Congress a scorecard report assessing the quality of services provided to the public by each agency.
|
{"src": "billsum_train", "title": "Federal Agency Customer Experience Act of 2017"}
| 2,088 | 311 | 0.568063 | 1.832928 | 0.738556 | 2.659864 | 6.836735 | 0.877551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Retirement Advice
Protection Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide that advisors who--
(1) provide advice that is impermissible under the
prohibited transaction provisions under section 406 of the
Employee Retirement Income Security Act of 1974, or
(2) breach the best interest standard for the provision of
investment advice,
are subject to liability under the Employee Retirement Income Security
Act of 1974.
SEC. 3. RULES RELATING TO THE PROVISION OF INVESTMENT ADVICE.
(a) In General.--
(1) Definition of investment advice.--Section 3(21) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(21)) is amended by adding at the end the following:
``(C)(i) For purposes of clause (ii) of subparagraph (A), the term
`investment advice' means a recommendation that--
``(I) relates to--
``(aa) the advisability of acquiring, holding,
disposing, or exchanging any moneys or other property
of a plan by the plan, plan participants, or plan
beneficiaries, including any recommendation whether to
take a distribution of benefits from such plan or any
recommendation relating to the investment of any moneys
or other property of such plan to be rolled over or
otherwise distributed from such plan;
``(bb) the management of moneys or other property
of such plan, including recommendations relating to the
management of moneys or other property to be rolled
over or otherwise distributed from such plan; or
``(cc) the advisability of retaining or ceasing to
retain a person who would receive a fee or other
compensation for providing any of the types of advice
described in this subclause; and
``(II) is rendered pursuant to--
``(aa) a written acknowledgment of the obligation
of the advisor to comply with section 404 with respect
to the provision of such recommendation; or
``(bb) a mutual agreement, arrangement, or
understanding, which may include limitations on scope,
timing, and responsibility to provide ongoing
monitoring or advice services, between the person
making such recommendation and the plan that such
recommendation is individualized to the plan and such
plan intends to materially rely on such recommendation
in making investment or management decisions with
respect to any moneys or other property of such plan.
``(ii) For purposes of clause (i)(II)(bb), any disclaimer of a
mutual agreement, arrangement, or understanding shall only state the
following: `This information is not individualized to you, and there is
no intent for you to materially rely on this information in making
investment or management decisions.'. Such disclaimer shall not be
effective unless such disclaimer is in writing and is communicated in a
clear and prominent manner and an objective person would reasonably
conclude that, based on all the facts and circumstances, there was not
a mutual agreement, arrangement, or understanding described in clause
(i)(II)(bb).
``(iii) For purposes of clause (i)(II)(bb), information shall not
be considered to be a recommendation made pursuant to a mutual
agreement, arrangement, or understanding if such information contains
the disclaimer required by clause (ii) and--
``(I) it is provided in conjunction with full and fair
disclosure in writing to a plan, plan participant, or
beneficiary that the person providing the information is doing
so in its marketing or sales capacity, including any
information regarding the terms and conditions of the
engagement of the person providing the information, and that
the person is not intending to provide investment advice within
the meaning of this subparagraph or to otherwise act within and
under the obligations of the best interest standard as
described in this subparagraph;
``(II) the person providing the information is a
counterparty or service provider to the plan in connection with
any transaction based on the information (including a service
arrangement, sale, purchase, loan, bilateral contract, swap (as
defined in section 1a of the Commodity Exchange Act (7 U.S.C.
1a)), or security-based swap (as defined in section 3(a) of the
Securities Exchange Act (15 U.S.C. 78c(a)))), but only if--
``(aa) the plan is represented, in connection with
such transaction, by a plan fiduciary who is
independent of the person providing the information,
and, except in the case of a swap or security-based
swap, independent of the plan sponsor; and
``(bb) prior to such transaction, the independent
plan fiduciary represents in writing to the person
providing the information that it is aware that the
person has a financial interest in the transaction and
that it has determined that the person is not intending
to provide investment advice within the meaning of this
subparagraph or to otherwise act as a fiduciary to the
plan subject to section 404;
``(III) the person providing the information is an employee
of any sponsoring employer or employee organization who
provides the information to the plan for no fee or other
compensation other than the employee's normal compensation;
``(IV) the person providing the information discloses in
writing to the plan fiduciary that the person is not
undertaking to provide investment advice as a fiduciary to the
plan subject to section 404 and the information consists solely
of--
``(aa) making available to the plan, without regard
to the individualized needs of the plan, securities or
other property through a platform or similar mechanism
from which a plan fiduciary may select or monitor
investment alternatives, including qualified default
investment alternatives, into which plan participants
or beneficiaries may direct the investment of assets
held in, or contributed to, their individual accounts;
or
``(bb) in connection with a platform or similar
mechanism described in item (aa)--
``(AA) identifying investment alternatives
that meet objective criteria specified by the
plan, such as criteria concerning expense
ratios, fund sizes, types of asset, or credit
quality; or
``(BB) providing objective financial data
and comparisons with independent benchmarks to
the plan;
``(V) the information consists solely of valuation
information; or
``(VI) the information consists solely of--
``(aa) information described in Department of Labor
Interpretive Bulletin 96-1 (29 C.F.R. 2509.96-1, as in
effect on January 1, 2015), regardless of whether such
education is provided to a plan or plan fiduciary or a
participant or beneficiary;
``(bb) information provided to participants or
beneficiaries regarding the factors to consider in
deciding whether to elect to receive a distribution
from a plan or an individual retirement plan (as
defined in section 7701(a)(37) of the Internal Revenue
Code of 1986) and whether to roll over such
distribution to a plan or an individual retirement plan
(as defined in section 7701(a)(37) of the Internal
Revenue Code of 1986), so long as any examples of
different distribution and rollover alternatives are
accompanied by all material facts and assumptions on
which the examples are based; or
``(cc) any additional information treated as
education by the Secretary.''.
(2) Exemption relating to investment advice.--Section
408(b) of the Employee Retirement Income Security Act of 1974
is amended by adding at the end the following:
``(21)(A) Any transaction, including a contract for
service, between a person providing investment advice described
in section 3(21)(A)(ii) and the advice recipient in connection
with such investment advice, and any transaction consisting of
the provision of such investment advice, if the following
conditions are satisfied:
``(i) No more than reasonable compensation is paid
(as determined under section 408(b)(2)) for such
investment advice.
``(ii) If the investment advice is based on a
limited range of investment options (which may consist,
in whole or in part, of proprietary products), such
limitations, including a clearly stated notice that the
same or similar investments may be available at a
different cost (greater or lesser) from other sources,
shall be clearly disclosed to the advice recipient
prior to any transaction based on the investment
advice. The notice shall only state the following: `The
same or similar investments may be available at a
different cost (greater or lesser) from other
sources.'.
``(iii) If the investment advice may result in
variable compensation to the person providing the
investment advice (or any affiliate of such person),
the receipt of such compensation, including a clearly
stated notice that the same or similar investments may
be available at a different cost (greater or lesser)
from other sources, shall be clearly disclosed to the
advice recipient. The notice shall only state the
following: `The same or similar investments may be
available at a different cost (greater or lesser) from
other sources.'. For purposes of this subparagraph,
clear disclosure of variable compensation means
notification prior to any transaction based on the
recommendation, in a manner calculated to be understood
by the average individual, of the following:
``(I) A notice that the person providing
the recommendation (or its affiliate) may
receive varying amounts of fees or other
compensation with respect to such transaction.
``(II) A description of any fee or other
compensation that is directly payable to the
person (or its affiliate) from the advice
recipient with respect to such transaction
(expressed as an amount, formula, percentage of
assets, per capita charge, or estimate or range
of such compensation).
``(III) A description of the types and
ranges of any indirect compensation that may be
paid to the person (or its affiliate) by any
third party in connection with such transaction
(expressed as an amount, formula, percentage of
assets, per capita charge, or estimate of such
ranges of compensation).
``(IV) Upon request of the advice
recipient, a disclosure of the specific amounts
of compensation described in clause (iii) that
the person will receive in connection with the
particular transaction (expressed as an amount,
formula, percentage of assets, per capita
charge, or estimate of such compensation).
``(B) No recommendation will fail to satisfy the conditions
described in clauses (i) through (iii) of subparagraph (A)
solely because the person, acting in good faith and with
reasonable diligence, makes an error or omission in disclosing
the information specified in such clauses, provided that the
person discloses the correct information to the advice
recipient as soon as practicable, but not later than 30 days
from the date on which the person knows of such error or
omission.
``(C) For purposes of this paragraph, the term `affiliate'
has the meaning given in subsection (g)(11)(B).''.
(b) Effective Date.--
(1) Modification of certain rules, and rules and
administrative positions promulgated before enactment but not
effective on january 1, 2015, prohibited.--The Department of
Labor is prohibited from amending any rules or administrative
positions promulgated under, or applicable for purposes of,
section 3(21) of the Employee Retirement Income Security Act of
1974 (including Department of Labor Interpretive Bulletin 96-1
(29 C.F.R. 2509.96-1) and Department of Labor Advisory Opinion
2005-23A), and no such rule or administrative position
promulgated by the Department of Labor prior to the date of the
enactment of this Act but not effective on January 1, 2015, may
become effective unless a bill or joint resolution referred to
in paragraph (3) is enacted as described in such paragraph not
later than 60 days after the date of the enactment of this Act.
(2) General effective date of amendments.--Except as
provided in paragraph (3), the amendments made by subsection
(a) shall take effect on the 61st day after the date of the
enactment of this Act and shall apply with respect to
information provided or recommendations made on or after 2
years after the date of the enactment of this Act.
(3) Exception.--If a bill or joint resolution is enacted
prior to the 61st day after the date of the enactment of this
Act that specifically approves any rules or administrative
positions promulgated under, or applicable for purposes of,
section 3(21) of the Employee Retirement Income Security Act of
1974 that is not in effect on January 1, 2015, the amendments
made by subsection (a) shall not take effect.
(c) Grandfathered Transactions and Services.--The amendments made
by subsection (a) shall not apply to any service or transaction
rendered, entered into, or for which a person has been compensated
prior to the date on which the amendments made by subsection (a) become
effective under subsection (b)(2).
(d) Transition.--If the amendments made by subsection (a) take
effect, then nothing in this section shall be construed to prohibit the
issuance of guidance to carry out such amendments so long as such
guidance is necessary to implement such amendments. Until such time as
regulations or other guidance are issued to carry out such amendments,
a plan and a fiduciary shall be treated as meeting the requirements of
such amendments if the plan or fiduciary, as the case may be, makes a
good faith effort to comply with such requirements.
|
Affordable Retirement Advice Protection Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to define "investment advice," as it relates to fiduciary duties under such Act, as a recommendation that relates to: (1) the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a pension plan (or Individual Retirement Account) by the plan, plan participants, or plan beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; (2) the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or (3) the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment of the obligation of the investment advisor to act in accordance with fiduciary standards under ERISA; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services. The bill allows an exemption from ERISA prohibited transactions rules for investment advice: (1) for which no more than reasonable compensation is paid; or (2) that is based on a limited range of investment options or may result in variable income to the investment advisor if a clearly-stated notice is provided to the advice recipient that the same or similar investments may be available at a greater or lesser cost from other sources. The bill prohibits the Department of Labor from amending any rules or administrative positions regarding investment advice promulgated under ERISA and no such rules or administrative positions promulgated prior to the enactment date of this Act, but not effective on January 1, 2015, may become effective unless a bill or joint resolution specifically approving such rules or positions is enacted not later than 60 days after the enactment of this Act.
|
{"src": "billsum_train", "title": "Affordable Retirement Advice Protection Act"}
| 2,986 | 456 | 0.701727 | 2.298386 | 0.852259 | 3.987212 | 7.094629 | 0.948849 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetically Engineered Food Right-
to-Know Act''.
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--The purposes of this Act are to--
(1) establish a consistent and enforceable standard for
labeling of foods produced using genetic engineering, thereby
providing consumers with knowledge of how their food is
produced; and
(2) prevent consumer confusion and deception by prohibiting
the labeling of products produced from genetic engineering as
``natural'', and by promoting the disclosure of factual
information on food labels to allow consumers to make informed
decisions.
(b) Findings.--Congress finds that--
(1) the process of genetically engineering food organisms
results in material changes and the fact that foods are
genetically engineered is of material importance to consumers;
(2) the Food and Drug Administration requires the labeling
of more than 3,000 ingredients, additives, and processes;
(3) individuals in the United States have a right to know
if their food was produced with genetic engineering for a
variety of reasons, including health, economic, environmental,
religious, and ethical;
(4) more than 60 countries, including the United Kingdom
and all other countries of the European Union, South Korea,
Japan, Brazil, Australia, India, China, and other key United
States trading partners have laws or regulations mandating
disclosure of genetically engineered food on food labels;
(5) in 2011, Codex Alimentarius, the food standards
organization of the United Nations, adopted a text that
indicates that governments can decide on whether and how to
label foods produced with genetic engineering;
(6) mandatory identification of food produced with genetic
engineering can be a critical method of preserving the economic
value of exports or domestically sensitive markets with
labeling requirements for genetically engineered foods; and
(7) the cultivation of genetically engineered crops can
have adverse effects on the environment in the form of cross-
pollination of native plants, increased herbicide usage, and
impacts on non-target and beneficial organisms, including the
Monarch butterfly.
SEC. 3. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(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:
``(z)(1) If it is a food that has been genetically engineered or
contains 1 or more genetically engineered ingredients, unless the
ingredients label clearly states that the food has been genetically
engineered or identifies any genetically engineered ingredients, as
applicable.
``(2) This paragraph does not apply to food that--
``(A) is served in restaurants or other similar eating
establishments, such as cafeterias and carryouts;
``(B) is a medical food (as defined in section 5(b) of the
Orphan Drug Act);
``(C) would be subject to this paragraph solely because it
was produced using a genetically engineered vaccine or drug;
``(D) is a food or processed food that would be subject to
this paragraph solely because it includes the use of a
genetically engineered processing aid (including yeast) or
enzyme; or
``(E) is a packaged food consisting of materials produced
through genetic engineering that do not account for more than
nine-tenths of 1 percent of the total weight of the packaged
food.
``(3) In this paragraph and in paragraph (aa):
``(A) The term `genetic engineering' means a process--
``(i) involving the application of in vitro nucleic
acid techniques, including recombinant deoxyribonucleic
acid (DNA) and direct injection of nucleic acid into
cells or organelles;
``(ii) involving the application of fusion of cells
beyond the taxonomic family; or
``(iii) that overcomes natural physiological,
reproductive, or recombinant barriers and that is not a
process used in traditional breeding and selection.
``(B) The term `genetically engineered', used with respect
to a food, means a material intended for human consumption that
is--
``(i) an organism that is produced through the
intentional use of genetic engineering; or
``(ii) the progeny of intended sexual or asexual
reproduction (or both) of 1 or more organisms that is
the product of genetic engineering.
``(C) The term `genetically engineered ingredient' means a
material that is an ingredient in a food that is derived from
any part of an organism that has been genetically engineered,
without regard to whether--
``(i) the altered molecular or cellular
characteristics of the organism are detectable in the
material; and
``(ii) the organism is capable for use as human
food.''.
(b) Restrictions on the Term ``Natural''.--Section 403 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as amended by
subsection (a), is further amended by adding at the end the following:
``(aa) If it is a food intended for human consumption that has been
produced using genetic engineering or that contains one or more
genetically engineered ingredients and it bears a label, or for which
there is signage or advertising, containing a claim that the food is
`natural', `naturally made', `naturally grown', `all natural', or using
any similar words that would be misleading to a consumer.''.
(c) Guaranty.--
(1) In general.--Section 303(d) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(d)) is amended--
(A) by striking ``(d)'' and inserting ``(d)(1)'';
and
(B) by adding at the end the following:
``(2)(A) No person shall be subject to the penalties of
subsection (a)(1) for a violation of subsection (a), (b), or
(c) of section 301 involving food that is misbranded within the
meaning of paragraph (z) or (aa) of section 403 if such person
(referred to in this paragraph as the `recipient') establishes
a guaranty or undertaking that--
``(i) is signed by, and contains the name and
address of, a person residing in the United States from
whom the recipient received in good faith the food
(including the receipt of seeds to grow raw
agricultural commodities); and
``(ii) contains a statement to the effect that the
food is not genetically engineered or does not contain
a genetically engineered ingredient.
``(B) In the case of a recipient who, with respect to a
food, establishes a guaranty or undertaking in accordance with
subparagraph (A), the exclusion under such subparagraph from
being subject to penalties applies to the recipient without
regard to the manner in which the recipient uses the food,
including whether the recipient is--
``(i) processing the food;
``(ii) using the food as an ingredient in a food
product;
``(iii) repacking the food; or
``(iv) growing, raising, or otherwise producing the
food.
``(C) No person may avoid responsibility or liability for a
violation of subsection (a), (b), or (c) of section 301
involving food that is misbranded within the meaning of
paragraph (z) or (aa) of section 403 by entering into a
contract or other agreement that specifies that another person
shall bear such responsibility or liability, except that a
recipient may require a guaranty or undertaking as described in
this subsection.
``(D) For purposes of this Act, food will be considered not
to have been produced with the knowing or intentional use of
genetic engineering if--
``(i) such food is lawfully certified to be
labeled, marketed, and offered for sale as `organic'
pursuant to the Organic Foods Production Act of 1990;
or
``(ii) an independent organization has determined
that the food has not been knowingly or intentionally
genetically engineered and has been segregated from,
and not knowingly or intentionally commingled with,
foods that may have been genetically engineered at any
time, if such a determination has been made pursuant to
a sampling and testing procedure that--
``(I) is consistent with sampling and
testing principles recommended by
internationally recognized standards
organizations; and
``(II) does not rely on testing processed
foods in which no DNA is detectable.
``(E) In this subsection, the terms `genetically
engineered' and `genetically engineered ingredient' have the
meanings given the terms in section 403(z).''.
(2) False guaranty.--Section 301(h) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by
inserting ``or 303(d)(2)'' after ``section 303(c)(2)''.
(d) Unintended Contamination.--Section 303(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333(d)), as amended by subsection
(b), is further amended by adding at the end the following:
``(3)(A) No person shall be subject to the penalties of
subsection (a)(1) for a violation of subsection (a), (b), or
(c) of section 301 involving food that is misbranded within the
meaning of section 403(z) if--
``(i) such person is an agricultural producer and
the violation occurs because food that is grown,
raised, or otherwise produced by such producer, which
food does not contain a genetically engineered material
and was not produced with a genetically engineered
material, is contaminated with a food that contains a
genetically engineered material or was produced with a
genetically engineered material; and
``(ii) such contamination is not intended by the
agricultural producer.
``(B) Subparagraph (A) does not apply to an agricultural
producer to the extent that the contamination occurs as a
result of the negligence of the producer.''.
(e) Promulgation of Regulations.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall promulgate proposed
regulations establishing labeling requirements for compliance in
accordance with section 403(z) of the Federal Food, Drug, and Cosmetic
Act, as added by subsection (a).
|
Genetically Engineered Food Right-to-Know Act This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale of food that has been genetically engineered or contains genetically engineered ingredients, unless that information is clearly disclosed. This prohibition does not apply to: (1) food served in restaurants, (2) medical food, (3) packaged food that is less than 0.9% genetically engineered material, and (4) food that qualifies as genetically engineered solely because it is produced using a genetically engineered vaccine or because it includes the use of a genetically engineered processing aid (including yeast) or enzyme. Labeling or advertising foods containing genetically engineered material as “natural,” or using similar words, is prohibited. A food recipient is not subject to penalties for misbranding of genetically engineered food or ingredients if the recipient has a guaranty that is signed by the person from whom they received the food (including seeds) and the guaranty states that the food is not genetically engineered or does not contain a genetically engineered ingredient. Food is deemed to have been produced without the knowing or intentional use of genetic engineering if: (1) the food is certified as organic; or (2) an independent organization determines the food has not been knowingly or intentionally genetically engineered or commingled with genetically engineered food, with that determination being based on testing that is consistent with international standards and not reliant on processed foods with no detectable DNA. An agricultural producer is not subject to penalties for misbranding of genetically engineered food or ingredients if a violation occurs because food unintentionally becomes contaminated with genetically engineered material and the contamination is not due to the producer’s negligence.
|
{"src": "billsum_train", "title": "Genetically Engineered Food Right-to-Know Act"}
| 2,419 | 395 | 0.581485 | 1.801543 | 0.687423 | 3.117089 | 6.813291 | 0.920886 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``States' Education Reclamation Act of
2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Principles of federalism embodied in the Constitution
of the United States entrust authority over issues of
educational policy to the States and the people and a Federal
Department of Education is inconsistent with such principles.
(2) Tradition and experience dictate that the governance
and management of schools in the United States are best
performed by parents, teachers, and communities.
(3) The education of the Nation's students is suffering
under a managerial government.
(4) The Department of Education has weakened the ability of
parents to make essential decisions about their children's
education and has undermined the capacity of communities to
govern their schools.
(5) In the 34 years of its existence, the Department of
Education has grown from a budget of $14 billion to almost
$65.7 billion in annual discretionary appropriations
administering around 100 programs. Meanwhile, education
performance for 17-year-olds has stagnated since 1971.
(6) The Department of Education has fostered over-
regulation, standardization, bureaucratization, and litigation
in United States education.
(7) The Department of Education expends large amounts of
money on its own maintenance and overhead. While the average
national salary for public school teachers is $56,103 the
average salary for a Department of Education employee is
$108,571.
(8) In certain States, the average State salary for a
public school teacher is less than the national average. In
North Carolina, the average salary for a public school teacher
is $45,737.
(9) Recent tests reflect poor results in mathematics,
science, and reading for American students compared with
students from other nations.
(10) Only through initiatives led by parents and local
communities with the power to act can the United States elevate
educational performance toward an acceptable level.
(11) The current system of top-down education uniformity is
detrimental to local businesses and communities, the economic
needs of the States, and the Nation's ability to compete
globally for jobs.
(12) The Department of Education has been hostile to many
promising reforms, including reforms that would empower
parents, teachers, and local communities. The United States,
once a laboratory of innovation through the experiments of the
States, is moving toward education standardization that does
not consider the individual educational needs of our diverse
population of students.
SEC. 3. ABOLITION OF DEPARTMENT OF EDUCATION.
The Department of Education is abolished, and, with the exception
of the programs transferred under section 7, any program for which the
Secretary of Education or the Department of Education has
administrative responsibility as provided by law or by delegation of
authority pursuant to law is repealed, including each program under the
following:
(1) The Department of Education Organization Act (20 U.S.C.
3401 et seq.).
(2) The General Education Provisions Act (20 U.S.C. 1221 et
seq.).
SEC. 4. GRANTS TO STATES FOR ELEMENTARY AND SECONDARY AND FOR
POSTSECONDARY EDUCATION PROGRAMS.
(a) In General.--Subject to the requirements of this Act, each
State is entitled to receive from the Secretary of the Treasury, by not
later than July 1 of the preceding fiscal year--
(1) a grant for fiscal year 2016 and each succeeding fiscal
year through fiscal year 2024, that is equal to the amount of
funds appropriated for the State for Federal elementary school
and secondary school programs for fiscal year 2012 (except for
the funds appropriated for fiscal year 2012 for such programs
for such State that are being transferred under section 7); and
(2) a grant for fiscal year 2016 and each succeeding fiscal
year through fiscal year 2024, that is equal to the amount of
funds appropriated for the State for Federal postsecondary
education programs for fiscal year 2012 (except for the funds
appropriated for fiscal year 2012 for such programs for such
State that are being transferred under section 7).
(b) Appropriation.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated for fiscal
years 2016 through 2024, such sums as are necessary for grants under
subsection (a).
(c) Requirements Relating to Intergovernmental Financing.--The
Secretary of the Treasury shall make the transfer of funds under grants
under subsection (a) directly to each State in accordance with the
requirements of section 6503 of title 31, United States Code.
(d) Expenditure of Funds.--Amounts received by a State under this
section for any fiscal year shall be expended by the State in such
fiscal year or in the succeeding fiscal year.
(e) Use of Funds.--Funds made available to a State--
(1) under subsection (a)(1), shall be used by the State for
any elementary or secondary education purpose permitted by
State law, including increases in teacher salaries; and
(2) under subsection (a)(2), shall be used by the State for
any postsecondary education purpose permitted by State law.
(f) Supplement, Not Supplant.--A grant received under subsection
(a) shall only be used to supplement the amount of funds that would, in
the absence of such grant, be made available from non-Federal sources
for elementary school and secondary school programs or postsecondary
education programs, and not to supplant those funds.
SEC. 5. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY.
(a) Audits.--
(1) Contract with approved auditing entity.--Not later than
October 1, 2015, and annually thereafter, a State shall
contract with an approved auditing entity (as defined under
paragraph (3)(B)) for purposes of conducting an audit under
paragraph (2) (with respect to the fiscal year ending September
30 of such year).
(2) Audit requirement.--Under a contract under paragraph
(1), an approved auditing entity shall conduct an audit of the
expenditures or transfers made by a State from amounts received
under a grant under section 4, with respect to the fiscal year
which such audit covers, to determine the extent to which such
expenditures and transfers were expended in accordance with
section 4.
(3) Entity conducting audit.--
(A) In general.--With respect to a State, the audit
under paragraph (2) shall be conducted by an approved
auditing entity in accordance with generally accepted
auditing principles.
(B) Approved auditing entity.--For purposes of this
section, the term ``approved auditing entity'' means,
with respect to a State, an entity that is--
(i) approved by the Secretary of the
Treasury;
(ii) approved by the chief executive
officer of the State; and
(iii) independent of any Federal, State, or
local agency.
(4) Submission of audit.--Not later than April 30, 2016,
and annually thereafter, a State shall submit the results of
the audit under paragraph (2) (with respect to the fiscal year
ending on September 30 of such year) to the State legislature
and to the Secretary of the Treasury.
(b) Reimbursement and Penalty.--If, through an audit conducted
under subsection (a), an approved auditing entity finds that a State
violated the requirements of subsection (d) or (e) of section 4, the
State shall pay to the Treasury of the United States 100 percent of the
amount of State funds that were used in violation of section 4 as a
penalty. Insofar as a State fails to pay any such penalty, the
Secretary of the Treasury shall offset the amount not so paid against
the amount of any grant otherwise payable to the State under this Act.
(c) Annual Reporting Requirements.--
(1) In general.--Not later than January 31, 2016, and
annually thereafter, each State shall submit to the Secretary
of the Treasury and the State legislature a report on the
activities carried out by the State during the most recently
completed fiscal year with funds received by the State under a
grant under section 4 for such fiscal year.
(2) Content.--A report under paragraph (1) shall, with
respect to a fiscal year--
(A) contain the results of the audit conducted by
an approved auditing entity for a State for such fiscal
year, in accordance with the requirements of subsection
(a) of this section;
(B) specify the amount of the grant made to the
State under section 4; and
(C) be in such form and contain such other
information as the State determines is necessary to
provide--
(i) an accurate description of the
activities conducted by the State for the
purpose described under section 4; and
(ii) a complete record of the purposes for
which amounts were expended in accordance with
this section.
(3) Public availability.--A State shall make copies of the
reports required under this section available on a public
website and shall make copies available in other formats upon
request.
(d) Failure to Comply With Requirements.--The Secretary of the
Treasury shall not make any payment to a State under a grant authorized
by section 4--
(1) if an audit for a State is not submitted as required
under subsection (a) during the period between the date such
audit is due and the date on which such audit is submitted;
(2) if a State fails to submit a report as required under
subsection (c) during the period between the date such report
is due and the date on which such report is submitted; or
(3) if a State violates a requirement of section 4 during
the period beginning on the date the Secretary becomes aware of
such violation and the date on which such violation is
corrected by the State.
(e) Administrative Supervision and Oversight.--
(1) Limited role for secretary of the treasury.--The
authority of the Secretary of the Treasury under this Act is
limited to--
(A) promulgating regulations, issuing rules, or
publishing guidance documents to the extent necessary
for purposes of implementing subsection (a)(3)(B),
subsection (b), and subsection (d);
(B) making payments to the States under grants
under section 4;
(C) approving entities under subsection (a)(3)(B)
for purposes of the audits required under subsection
(a);
(D) withholding payment to a State of a grant under
subsection (d) or offsetting a payment of such a grant
to a State under subsection (b); and
(E) exercising the authority relating to
nondiscrimination that is specified in section 6(b).
(2) Limited role for attorney general.--The authority of
the Attorney General to supervise the amounts received by a
State under section 4 is limited to the authority under section
6(b).
(f) Reservation of State Powers.--Nothing in this section shall be
construed to limit the power of a State, including the power of a State
to pursue civil and criminal penalties under State law against any
individual or entity that misuses, or engages in fraud or abuse related
to, the funds provided to a State under section 4.
SEC. 6. NONDISCRIMINATION PROVISIONS.
(a) No Discrimination Against Individuals.--No individual shall be
excluded from participation in, denied the benefits of, or subjected to
discrimination under, any program or activity funded in whole or in
part with amounts paid to a State under section 4 on the basis of such
individual's--
(1) disability under section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794);
(2) sex under title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.); or
(3) race, color, or national origin under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(b) Compliance.--
(1) In general.--If the Attorney General determines that a
State or an entity that has received funds from amounts paid to
a State under a grant under section 4 has failed to comply with
a provision of law referred to in subsection (a), the Secretary
of the Treasury shall notify the chief executive officer of the
State of such failure to comply and shall request that such
chief executive officer secure such compliance.
(2) Enforcement.--If, not later than 60 days after
receiving notification under paragraph (1), the chief executive
officer of a State fails or refuses to secure compliance with
the provision of law referred to in such notification, the
Attorney General may--
(A) institute an appropriate civil action; or
(B) exercise the powers and functions provided
under section 505 of the Rehabilitation Act of 1973 (29
U.S.C. 794a), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) (as
applicable).
SEC. 7. TRANSFER OF CERTAIN DEPARTMENT OF EDUCATION PROGRAMS.
(a) Transfer of Certain Programs.--Not later than 24 months after
the date of the enactment of this Act--
(1) each job training program under the jurisdiction of the
Department of Education, including the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.)
shall be transferred to the Department of Labor;
(2) each special education grant program under the
Individuals with Disabilities Education Act (20 U.S.C. 1460 et
seq.) shall be transferred to the Department of Health and
Human Services;
(3) each Indian education program under the jurisdiction of
the Department of Education shall be transferred to the
Department of the Interior;
(4) each Impact Aid program under title VIII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701
et seq.) shall be transferred to the Department of Defense;
(5) the Federal Pell Grant program under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a), shall be
transferred to the Department of the Treasury;
(6) each Federal student loan program under the
jurisdiction of the Department of Education shall be
transferred to the Department of the Treasury;
(7) each program under the jurisdiction of the Institute of
Education Sciences shall be transferred to the Department of
Health and Human Services; and
(8) each program under the jurisdiction of the D.C.
Opportunity Scholarship Program shall be transferred to the
Department of Health and Human Services.
(b) Limitation on Transfer of Certain Programs.--The transfer of
programs pursuant to subsection (a) is limited to only the transfer of
administrative responsibility as provided by law or the delegation of
authority pursuant to law and does not extend to the transfer of
personnel employed by the Department of Education to carry out such
programs.
SEC. 8. GAO REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate report, which shall include--
(1) a review and evaluation as to the feasibility of
enhancing the ability of States and local communities to fund
education by reducing the Federal tax burden and commensurately
eliminating Federal Government involvement in providing grants
for education programs; and
(2) an evaluation of the feasibility of the successor
Federal agencies for maintaining the programs to be transferred
under section 7.
SEC. 9. PLAN FOR CLOSURE OF THE DEPARTMENT OF EDUCATION.
Not later than 365 days after the date of the enactment of this
Act, the President shall submit to the Congress a plan to implement
closure of the Department of Education in accordance with this Act.
SEC. 10. DEFINITIONS.
In this Act:
(1) Elementary school; secondary school.--The terms
``elementary school'' and ``secondary school'' have the
meanings given the terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 9101).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 1002).
(3) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
|
States' Education Reclamation Act of 2015 This bill abolishes the Department of Education (ED) and repeals any program for which it or the Secretary of Education has administrative responsibility. The Department of the Treasury (Treasury) shall provide grants to states, for FY2016-FY2024, for any: (1) elementary and secondary education purpose permitted by state law, and (2) postsecondary education purpose permitted by state law. The level of funding is set at the amount provided to states for federal elementary and secondary education programs and the amount provided for federal postsecondary education programs, respectively, for FY2012, minus the funding they were provided for education programs that this Act transfers to other federal agencies. States must contract for an annual audit of their expenditures or transfers of grant funds. Program administrative responsibility and delegation of authority are transferred as follows: ED's job training programs to the Department of Labor; each special education grant program under the Individuals with Disabilities Education Act to the Department of Health and Human Services (HHS); ED's Indian Education programs to the Department of the Interior; each Impact Aid program under the Elementary and Secondary Education Act of 1965 to the Department of Defense; the Federal Pell Grant program and each federal student loan program to Treasury; and programs under the jurisdiction of the Institute of Education Sciences or the D.C. Opportunity Scholarship Program to HHS.
|
{"src": "billsum_train", "title": "States' Education Reclamation Act of 2015"}
| 3,564 | 288 | 0.421884 | 1.286443 | 0.669069 | 2.973384 | 12.768061 | 0.904943 |
SECTION 1. CHIEF VETERINARY OFFICER OF DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 317. CHIEF VETERINARY OFFICER.
``(a) In General.--There is in the Department a Chief Veterinary
Officer, who shall be appointed by the Secretary. The Chief Veterinary
Officer shall report directly to the Chief Medical Officer, unless an
individual other than the Assistant Secretary for Health Affairs is
serving as the Chief Medical Officer, in which case the Chief
Veterinary Officer shall report directly to the Assistant Secretary for
Health Affairs.
``(b) Qualifications.--The individual appointed as Chief Veterinary
Officer shall be a veterinarian who possesses a demonstrated ability in
and knowledge of veterinary public health and emergency preparedness,
and other professional experience as determined by the Secretary, such
as in agriculture, food defense, and disaster medicine.
``(c) Responsibilities.--The Chief Veterinary Officer shall be the
head of the division of the Department with primary responsibility for
veterinary issues, food defense, and agriculture security, and shall
have primary responsibility within the Department for responsibilities
relating to veterinary medicine and veterinary public health, including
each of the following:
``(1) Serving as the principal authority in the Department
responsible for advising the Secretary, in coordination with
the Assistant Secretary for Health Affairs, on veterinary
public health, food defense, and agricultural security issues.
``(2) Providing guidance for the health and welfare of the
Department's working animals, including those used to enhance
transportation, border, and maritime security, and for other
purposes.
``(3) Leading the Department's policy initiatives relating
to food, animal, and agricultural incidents, and the impact of
such incidents on animal and public health.
``(4) Leading the Department's policy initiatives relating
to overall domestic preparedness for and collective response to
agricultural terrorism.
``(5) Serving as the principal point of contact in the
Office of Health Affairs for all veterinary preparedness and
response research and development.
``(6) Serving as the principal point of contact in the
Office of Health Affairs for sharing homeland security
veterinary medical information with Department officials,
including all components with veterinary, food, or agricultural
interests.
``(7) Serving as the principal point of contact within the
Department with respect to veterinary homeland security issues
for the Department of Agriculture, the Department of Defense,
the Department of Health and Human Services, and other Federal
departments and agencies.
``(8) Serving as the principal point of contact within the
Department with respect to veterinary homeland security issues
for State, local, and tribal governments, the veterinary
community, and other entities within and outside the
Department.
``(9) Performing such other duties relating to such
responsibilities as the Secretary may require.
``(d) Report to Congress.--Not later than 30 days after the last
day of each fiscal year, the Chief Veterinary Officer shall submit to
Congress a report on the state of the Department's working animals
during that fiscal year. Each such report shall include--
``(1) the number of animals in service to the Department
during the fiscal year, including the component and mission of
each such animal and the homeland security activities conducted
by such animal;
``(2) an assessment of the overall health and welfare of
the Department's working animals during the fiscal year; and
``(3) a description of the activities of the Office during
the fiscal year, including a description of any animal
initiative or program conducted during such fiscal year, and
for each such initiative or program--
``(A) the objectives of the initiative or program;
``(B) the species or genus of animals that are
subject of the initiative or program;
``(C) the amount of resources used (including
capital and human resources) for such initiative or
program;
``(D) when the initiative or program will conclude
or terminate; and
``(E) the degree of completion of the initiative or
program.
``(e) Advance Notice of Reorganization Required.--Not later than
180 days before carrying out any reorganization within the Department
that would affect any responsibility of the Chief Veterinary Officer,
the Secretary shall submit to the appropriate congressional committees
a report on the proposed reorganization.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to title
III the following new item:
``Sec. 317. Chief Veterinary Officer.''.
|
Amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security (DHS) a Chief Veterinary Officer, who shall: (1) head the division of DHS with primary responsibility for veterinary issues, food defense, and agriculture security; and (2) have primary responsibility within DHS for responsibilities relating to veterinary medicine and veterinary public health.
Requires that such Officer: (1) be a veterinarian who possesses a demonstrated ability in and knowledge of veterinary public health and emergency preparedness; (2) be appointed by the DHS Secretary; and (3) report directly to the Chief Medical Officer (or to the Assistant Secretary for Health Affairs if the Assistant Secretary is not serving as Chief Medical Officer).
Directs: (1) such Officer to report to Congress on the state of DHS's working animals during each fiscal year and include a description of any animal initiative or program conducted during such fiscal year; and (2) the Secretary to report to the appropriate congressional committees at least 180 days before carrying out any reorganization within DHS that would affect any responsibility of the Chief Veterinary Officer.
|
{"src": "billsum_train", "title": "To establish a Chief Veterinary Officer in the Department of Homeland Security, and for other purposes."}
| 1,013 | 230 | 0.677296 | 1.845762 | 0.967969 | 4.53271 | 4.588785 | 0.934579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmaceutical Market Access Act of
2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Americans unjustly pay up to 1000 percent more to fill
their prescriptions than consumers in other countries;
(2) the United States is the largest market for
pharmaceuticals in the world, yet American consumers pay the
highest prices for pharmaceuticals in the world;
(3) an unaffordable drug is neither safe nor effective;
(4) allowing and structuring the importation of
prescription drugs ensures access to affordable drugs, thus
providing a level of safety to American consumers that
consumers do not currently enjoy;
(5) according to the Congressional Budget Office, American
seniors alone will spend $1,800,000,000,000 on pharmaceuticals
over the next 10 years; and
(6) allowing open pharmaceutical markets could save
American consumers at least $635,000,000,000 each year.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to give all Americans immediate relief from the
outrageously high cost of pharmaceuticals;
(2) to reverse the perverse economics of American
pharmaceutical markets;
(3) to allow the importation of drugs (excluding
pharmaceutical narcotics) only if the drugs and the facilities
in which the drugs are manufactured are approved by the Food
and Drug Administration; and
(4) to require that imported prescription drugs be packaged
and shipped using counterfeit-resistant technologies approved
by the Bureau of Engraving and Printing, similar to the
technologies used to secure United States currency.
SEC. 4. IMPORTATION OF PRESCRIPTION DRUGS.
Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
384) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' and inserting
``Not later than 180 days after the date of enactment
of the Pharmaceutical Market Access Act of 2003, the
Secretary''; and
(B) by striking ``pharmacists and wholesalers'' and
inserting ``pharmacists, wholesalers, and qualifying
individuals'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) require that each covered product imported under that
subsection complies with sections 501, 502, and 505 and other
applicable requirements of this Act; and'';
(B) in paragraph (2), by striking ``, including
subsection (d); and'' and inserting a period; and
(C) by striking paragraph (3);
(3) in subsection (c), by inserting ``by pharmacists and
wholesalers (but not qualifying individuals)'' after
``importation of covered products'';
(4) in subsection (d)--
(A) by striking paragraphs (3) and (10);
(B) in paragraph (5), by striking ``, including the
professional license number of the importer, if any'';
(C) in paragraph (6)--
(i) in subparagraph (C), by inserting ``(if
required under subsection (e))'' before the
period;
(ii) in subparagraph (D), by inserting
``(if required under subsection (e))'' before
the period; and
(iii) in subparagraph (E), by striking
``labeling'';
(D) in paragraph (7)--
(i) in subparagraph (A), by inserting ``(if
required under subsection (e))'' before the
period; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Certification from the importer or
manufacturer of the product that the product meets all
requirements of this Act.''; and
(E) by redesignating paragraphs (4) through (9) as
paragraphs (3) through (8), respectively;
(5) by striking subsection (e) and inserting the following:
``(e) Testing.--
``(1) In general.--Subject to paragraph (2), regulations
under subsection (a) shall require that testing referred to in
paragraphs (5) through (7) of subsection (d) be conducted by
the importer of the covered product, unless the covered product
is a prescription drug subject to the requirements of section
505B for counterfeit-resistant technologies.
``(2) Exception.--The testing requirements of paragraphs
(5) through (7) of subsection (d) shall not apply to an
importer unless the importer is a wholesaler.'';
(6) in subsection (f), by striking ``or designated by the
Secretary, subject to such limitations as the Secretary
determines to be appropriate to protect the public health'';
(7) in subsection (g)--
(A) by striking ``counterfeit or''; and
(B) by striking ``and the Secretary determines that
the public is adequately protected from counterfeit and
violative covered products being imported pursuant to
subsection (a)'';
(8) in subsection (i)(1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Study.--
``(i) In general.--The Secretary shall
conduct, or contract with an entity to conduct,
a study on the imports permitted under
subsection (a), including consideration of the
information received under subsection (d).
``(ii) Evaluation.-- In conducting the
study, the Secretary or entity shall--
``(I) evaluate the compliance of
importers with regulations under
subsection (a), and the incidence of
shipments under that subsection, if
any, that have been determined to be
misbranded or adulterated; and
``(II) determine how that
compliance contrasts with the incidence
of shipments of prescription drugs
transported within the United States
that have been determined to be
misbranded or adulterated.''; and
(B) in subparagraph (B), by striking ``Not later
than 2 years after the effective date of final
regulations under subsection (a),'' and inserting ``Not
later than 18 months after the date of enactment of the
Pharmaceutical Market Access Act of 2003,'';
(9) in subsection (k)(2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the
following:
``(D) Qualifying individual.--The term `qualifying
individual' means an individual who is not a pharmacist
or a wholesaler. ''; and
(10) by striking subsections (l) and (m).
SEC. 5. USE OF COUNTERFEIT-RESISTANT TECHNOLOGIES TO PREVENT
COUNTERFEITING.
(a) 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:
``(w) If it is a drug subject to section 503(b), unless the
packaging of the drug complies with the requirements of section 505B
for counterfeit-resistant technologies.''.
(b) Requirements.--Title V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505A
the following:
``SEC. 505B. COUNTERFEIT-RESISTANT TECHNOLOGIES.
``(a) Incorporation of Counterfeit-Resistant Technologies Into
Prescription Drug Packaging.--The Secretary shall require that the
packaging of any drug subject to section 503(b) incorporate--
``(1) overt optically variable counterfeit-resistant
technologies that are described in subsection (b) and comply
with the standards of subsection (c); or
``(2) technologies that have an equivalent function of
security, as determined by the Secretary.
``(b) Eligible Technologies.--Technologies described in this
subsection--
``(1) shall be visible to the naked eye, providing for
visual identification of product authenticity without the need
for readers, microscopes, lighting devices, or scanners;
``(2) shall be similar to the technologies used by the
Bureau of Engraving and Printing to secure United States
currency;
``(3) shall be manufactured and distributed in a highly
secure, tightly controlled environment; and
``(4) should incorporate additional layers of nonvisible
covert security features up to and including forensic
capability.
``(c) Standards for Packaging.--
``(1) Multiple elements.--For the purpose of making it more
difficult to counterfeit the packaging of drugs subject to
section 503(b), a manufacturer of the drugs shall incorporate
the technologies described in subsection (b) into multiple
elements of the physical packaging of the drugs, including
blister packs, shrink wrap, package labels, package seals,
bottles, and boxes.
``(2) Labeling of shipping container.--
``(A) In general.--A shipment of a drug described
in subsection (a) shall include a label on the shipping
container that incorporates the technologies described
in subsection (b), so that officials inspecting the
packages will be able to determine the authenticity of
the shipment.
``(B) Chain-of-custody procedures.--
``(i) In general.--A manufacturer of a drug
described in subsection (a) shall ensure that
chain-of-custody procedures apply to a label
required under subparagraph (A).
``(ii) Required procedures.--Chain-of-
custody procedures required under clause (i)
shall include--
``(I) procedures applicable to
contractual agreements for the use and
distribution of the labels;
``(II) methods to audit the use of
the labels; and
``(III) database access for the
relevant governmental agencies for
audit or verification of the use and
distribution of the labels.''.
|
Pharmaceutical Market Access Act of 2003 - Amends the Federal Food, Drug and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations allowing qualifying individuals to import covered products (in addition to pharmacists and wholesalers, whom current law authorizes to import such products).
Amends provisions pertaining to record keeping regarding imported covered products. States that the Secretary shall not have to store records in cases in which qualifying individuals have imported a covered product.
Amends provisions regarding the testing of imported covered products. Declares that specified tests, including ones involving authenticity and degradation of products, shall not be required unless the importer is a wholesaler. Requires such tests to be conducted by the importer unless a product is a prescription drug subject to the provisions of this Act pertaining to counterfeit-resistant packaging. (Currently either the importer or the manufacturer may conduct such tests).
Eliminates the sunset date current law establishes for the provisions pertaining to the importation of covered products.
Classifies prescription drugs as misbranded if they do not incorporate specified counterfeit-resistant technologies in packaging.
|
{"src": "billsum_train", "title": "A bill to authorize the Secretary of Health and Human Services to promulgate regulations for the reimportation of prescription drugs, and for other purposes."}
| 2,194 | 241 | 0.486878 | 1.436065 | 0.794638 | 1.946341 | 9.980488 | 0.77561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Character Education Act of 1993''.
SEC. 2. PURPOSE.
The purposes of this Act are--
(1) to explore, assess, and stimulate a variety of
approaches to character education;
(2) to lend Federal support to local and State character
education programs that seek to promote commonly accepted civic
and character values and the principles of democracy.
SEC. 3. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) many Americans of all economic and social levels and
ages no longer make determinations of right and wrong as to
their own actions or the actions of others in matters of both
public and private concern;
(2) educational institutions, which have traditionally
played a role in assisting students to make such
determinations, no longer receive explicit authority or proper
assistance necessary to fulfill this responsibility;
(3) the Nation has witnessed a national moral recession in
governmental and political activities, scientific research, and
business and commerce, in which individuals have failed to
consider the ethics governing their behavior;
(4) statistics show alarming incidents in individual and
gang violence, drug and substance abuse, and suicide among both
young people and adults;
(5) polls show that Americans overwhelmingly prize values
such as honesty, but believe that people are less honest today
than in the past;
(6) leaders representing a broad spectrum of political,
social, and religious backgrounds believe that education in
moral issues contributes to good citizenship and have called
for strengthening the teaching of democratic values;
(7) local character education programs have shown positive
results in reducing negative student behavior, including
violence, vandalism, and disrespect for others, and in
promoting an understanding of shared civic and character
values;
(8) training in ethics is an ongoing concern in business
and industry and in public service; and
(9) while education remains the responsibility of local and
State governments, the Congress and the Federal Government may
appropriately provide assistance to educational agencies and
institutions attempting to promote ethics, civic and character
values, and the principles of democracy through character
education programs.
SEC. 4. DEFINITION.
For purposes of this Act, the term ``character education'' means
the teaching of commonly accepted civic and character values and the
principles of democracy that contribute to ethical behavior.
TITLE I--CHARACTER EDUCATION DEMONSTRATION PROGRAM
SEC. 101. AMENDMENT TO SECRETARY'S FUND FOR INNOVATION IN EDUCATION.
(a) Program Authorized.--Paragraph (2) of section 4601(a) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 3151(a)) is
amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) help stimulate understanding of ethics, civic and
character values, and the principles of democracy as a means of
enhancing and improving elementary and secondary education in
accordance with section 4610.''.
(b) Character Education Demonstration Program.--Part F of title IV
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3151
et seq.) is amended--
(1) by redesignating section 4610 as section 4611; and
(2) by inserting before section 4611 (as redesignated by
paragraph (1) of this subsection) the following:
``SEC. 4610. CHARACTER EDUCATION DEMONSTRATION PROGRAM.
``(a) General Authority.--The Secretary is authorized to make
grants to State educational agencies, local educational agencies,
institutions of higher education, and other public and private
agencies, organizations, and institutions to conduct character
education activities designed to help stimulate understanding of
ethics, civic and character values, and the principles of democracy as
a means of enhancing and improving elementary and secondary education.
``(b) Uses of Funds.--Grants made under this section may be used
for--
``(1) the development of teaching materials for character
education;
``(2) teacher training and seminars;
``(3) the establishment of clearinghouses for character
education programs;
``(4) proposals seeking to involve the entire school
environment;
``(5) research and followup studies of existing programs of
character and civic values and ethics education;
``(6) projects that measure and evaluate the effectiveness
of ongoing character education programs;
``(7) character and values education projects demonstrating
a beneficial effect on individual ethical behavior and on the
incidence of individual and gang violence, drug and substance
abuse, and suicide;
``(8) projects that assist in identifying a consensus of
values within a community that may be appropriately promoted in
schools of the community; and
``(9) projects that seek to develop model programs to
promote character and civic values, ethics, and responsible
citizenship.
``(c) Application.--Each applicant desiring to receive a grant
under this section shall submit an application in such form, in such
manner, and containing or accompanied by such information as the
Secretary may reasonably require. Each such application shall--
``(1) identify civic and character values and ethics that
receive widespread support from a consensus of individuals in
the community served;
``(2) describe the school population intended to benefit
from the proposed activities;
``(3) demonstrate how the proposal fulfills the purpose
described in subsection (a);
``(4) describe the methods to be used to evaluate the
results of the proposed activities; and
``(5) provide assurances that the applicant will appoint an
advisory board to assist the applicant in conducting the
proposed activities, which board shall consist of individuals
representative of--
``(A) parents;
``(B) educators and teachers;
``(C) community leaders;
``(D) social service professionals;
``(E) business leaders; and
``(F) the general public.''.
TITLE II--NATIONAL CONFERENCE ON CHARACTER EDUCATION
SEC. 201. NATIONAL CONFERENCE.
(a) Establishment.--The Secretary of Education shall sponsor a
National Character Education Conference (referred to in this title as
the ``conference'') not later than 60 days after the date of the
enactment of this Act to evaluate local and State character education
programs throughout the Nation.
(b) Membership.--The Secretary of Education shall invite
individuals who have expertise regarding character education to
participate as members in the conference, including--
(1) parents;
(2) teachers;
(3) educators;
(4) community leaders;
(5) social service professionals;
(6) business leaders;
(7) philosophers;
(8) government officials;
(9) representatives of the arts, entertainment, and sports
fields; and
(10) the general public.
SEC. 202. DUTIES.
Members of the conference shall--
(1) assess and evaluate what types of character education
programs are available at the State and local level;
(2) assess and evaluate programs used by schools to teach
students character education;
(3) determine how to measure the content and efficacy of
character education programs in preparing students as
productive members of society;
(4) determine how the Government can assist with the
development and implementation of character education programs;
and
(5) evaluate and make recommendations regarding successful
teaching methods and models for character education.
SEC. 203. REPORTS.
The Secretary of Education shall submit to the Congress a report
which states the findings, conclusions, and recommendations of the
conference not later than 180 days after the conference is held.
|
TABLE OF CONTENTS:
Title I: Character Education Demonstration Program
Title II: National Conference on Character Education
Character Education Act of 1993 -
Title I: Character Education Demonstration Program
- Amends the Elementary and Secondary Education Act to provide for an ethics and values demonstration program under the Secretary's Fund for Innovation in Education. Authorizes the Secretary of Education to make grants to State educational agencies, local educational agencies, institutions of higher education, and other public and private organizations to conduct activities designed to stimulate understanding of ethics, civic and character values, and the principles of democracy as a means of enhancing and improving elementary and secondary education.
Title II: National Conference on Character Education
- Directs the Secretary of Education to sponsor the National Conference on Character Education. Directs the Secretary to report, with recommendations, to the Congress after such Conference.
|
{"src": "billsum_train", "title": "Character Education Act of 1993"}
| 1,611 | 182 | 0.56075 | 1.631819 | 0.777947 | 4.666667 | 9.438596 | 0.900585 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Veterans Home Modernization
Act of 2007''.
SEC. 2. MODIFICATION OF AUTHORITIES FOR CONSTRUCTION OF STATE HOMES.
(a) Prohibition on Approval of New Grants for New Construction That
Would Expand the Number of Beds in State Homes in a State.--Section
8135 of title 38, United States Code, is amended by adding at the end
the following new subsection:
``(g)(1) The Secretary shall not approve any application for
financial assistance under this subchapter that is first submitted
after the date that is 730 days after the date of the enactment of this
subsection if the Secretary determines that the construction for which
the assistance is sought would result in an increase in the total
number of beds in such State for which the Secretary makes payments
under section 1741(a)(1) of this title.
``(2) The Secretary shall allow a State to modify an application to
meet the requirements of this subsection and the modified application
shall be treated as submitted on the date of the original
application.''.
(b) Disapproval of Projects That Lack Matching Funds.--
(1) In general.--Notwithstanding section 8135(c)(5) of such
title, the Secretary of Veterans Affairs shall disapprove any
application for financial assistance under subchapter III of
chapter 81 of such title that--
(A) was submitted under section 8135 of such title
on or before the 730th day after the date of the
enactment of this Act;
(B) after the date that is 730 days after the date
of the enactment of this Act--
(i) is on the list of approved projects
established under subsection (c)(4) of such
section; and
(ii) has not been accorded priority under
subsection (c)(2)(A) of such section; and
(C) the Secretary determines that the construction
for which the assistance is sought would result in an
increase in the total number of beds in such State for
which the Secretary makes payments under section
1741(a)(1) of such title.
(2) No notice or opportunity for hearing required.--Section
8135(d) of such title shall not apply to a disapproval under
paragraph (1).
SEC. 3. EXPANSION OF STATE HOME GRANT PROGRAM TO INCLUDE GRANTS FOR
NON-INSTITUTIONAL CARE PROGRAMS.
(a) Definitions.--Section 8131 of title 38, United States Code, is
amended--
(1) in paragraph (3)--
(A) by striking ``domiciliary or'' and inserting
``non-institutional care, domiciliary,''; and
(B) by striking ``provision of'' and inserting
``provision of non-institutional care or''; and
(2) by adding at the end the following new paragraph:
``(5) The term `non-institutional care' means care
consisting of services described in paragraphs (4), (5), and
(6) of section 1710B(a) of this title.''.
(b) Authorization of Grants.--Section 8132 of such title is amended
to read as follows:
``Sec. 8132. Declaration of purpose
``The purpose of this subchapter is to assist the several States in
the following:
``(1) Constructing--
``(A) State home facilities (or acquiring
facilities to be used as State home facilities) for
furnishing domiciliary or nursing home care to
veterans; and
``(B) non-institutional care facilities (or to
acquire facilities to be used as non-institutional care
facilities) for furnishing non-institutional care to
veterans.
``(2) Expanding, remodeling, or altering existing buildings
for--
``(A) furnishing domiciliary, nursing home, adult
day health, or hospital care to veterans in State
homes; and
``(B) furnishing non-institutional care to veterans
in non-institutional care programs.''.
(c) Modification of Authorization of Appropriations.--Section
8133(a) of such title is amended--
(1) by inserting ``(1)'' before ``There are'';
(2) by designating the second sentence as paragraph (2) and
indenting the margin of such paragraph, as so designated, two
ems from the left margin;
(3) in paragraph (2), as so designated by paragraph (2) of
this subsection, by striking ``Sums appropriated'' and
inserting ``Subject to paragraph (3), sums appropriated''; and
(4) by adding at the end the following new paragraph:
``(3) In the case of each fiscal year beginning after September 30,
2007, not less than 10 percent of sums appropriated for construction
under this subchapter shall be used for making grants to States which
have submitted, and have had approved by the Secretary, applications
for non-institutional care projects.''.
(d) Applications.--Section 8135(a) of such title is amended--
(1) in the matter before paragraph (1), by inserting ``or
non-institutional care'' after ``State home'' both places it
appears; and
(2) in paragraph (4), by inserting ``, in the case of a
State home facility,'' after ``and''.
(e) Conforming Amendments.--
(1) Section 1741(a)(2) of such title is amended by striking
``extended care services'' and inserting ``non-institutional
care services''.
(2) Section 8136 of such title is amended by striking ``or
hospital care'' and inserting ``hospital care, or non-
institutional care''.
(3) Section 8137 of such title is amended inserting ``or
non-institutional care program'' after ``State home''.
(4) The heading at the beginning of subchapter III of
chapter 81 of such title, is amended to read as follows:
``SUBCHAPTER III--FACILITIES FOR STATE HOMES AND NON-INSTITUTIONAL CARE
PROGRAMS''.
(f) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item related to subchapter III
and inserting the following new item:
``subchapter iii--facilities for state homes and non-institutional
care programs''.
|
State Veterans Home Modernization Act of 2007 - Prohibits the Secretary of Veterans Affairs from approving any application for financial assistance for a construction project at a state veterans' home that is submitted 730 days after the enactment of this Act if the Secretary determines that the construction would result in an increase in the total number of beds in such state for which the Secretary makes per diem payments for the care of veterans residing in such homes.
Expands the state home grant program of the Department of Veterans Affairs (VA) to authorize grants for noninstitutional care programs. Requires, for fiscal years after 2007, that not less than 10% of sums appropriated for VA home construction grants be used for grants to states which have submitted applications for noninstitutional care projects.
|
{"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to modify authorities for the Secretary of Veterans Affairs to accept new applications for grants for State home construction projects to authorize the Secretary to award grants for construction of facilities used in non-institutional care programs, and for other purposes."}
| 1,458 | 167 | 0.601328 | 1.636967 | 0.71561 | 3.478873 | 9 | 0.887324 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Individual Health Insurance
Marketplace Improvement Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Before the passage of the Patient Protection and
Affordable Care Act (Public Law 114-148) in 2010, Americans
with pre-existing conditions faced unfair barriers to accessing
health insurance coverage and health care costs had risen
rapidly for decades.
(2) Since 2010, the rate of uninsured Americans has
declined to a historic low, with more than 20,000,000 Americans
gaining access to health insurance coverage.
(3) Since 2010, America has experienced the slowest growth
in the price of health care in over five decades.
(4) Thanks to the Patient Protection and Affordable Care
Act (Public Law 114-148), Americans can no longer be denied
insurance or charged more on the basis of their health status,
more Americans than ever have insurance, and the health care
they receive is continually improving.
(5) Starting in 2016, independent, non-partisan
organizations, including the Congressional Budget Office, have
determined that the individual health insurance markets have
stabilized and improved.
(6) The cost-sharing reduction payments in the Patient
Protection and Affordable Care Act provide stability in the
individual health insurance market, lower insurance premiums by
nearly 20 percent, and encourage competition among health
insurers. The payments reduce costs for approximately 6,000,000
people with incomes below 250 percent of the poverty line by an
average of about $1,100 per person and should be increased to
help more Americans.
(7) Risk mitigation programs, such as the reinsurance
program for the Medicare Part D prescription drug benefit
program, have provided additional stability to the health
insurance markets, restrained premium growth, and lowered
taxpayer costs by helping health insurers predict and bear risk
associated with managing health care costs for a population.
(8) From 2014 to 2016, the temporary reinsurance program
established under the Affordable Care Act helped to stabilize
the new insurance marketplaces and reduced insurance premiums
in the individual health insurance market by as much as 10
percent.
(9) Throughout his Presidential campaign, the President of
the United States repeatedly promised the American people that
his health care plan will result in reduced rates of uninsured,
lower costs, and higher quality care, stating on January 14,
2017, that ``We're going to have insurance for everybody. There
was a philosophy in some circles that if you can't pay for it,
you don't get it. That's not going to happen with us''; and on
January 25, 2017, that ``I can assure you, we are going to have
a better plan, much better health care, much better service
treatment, a plan where you can have access to the doctor that
you want and the plan that you want. We're gonna have a much
better health care plan at much less money''.
(10) The goal of any health care legislation should be to
build on the Affordable Care Act to continue expanding coverage
and make health care more affordable for Americans. Improving
affordability and expanding coverage will also broaden the
individual market risk pool, contributing to lower premiums and
strengthening market stability.
SEC. 3. INDIVIDUAL MARKET REINSURANCE FUND.
(a) Establishment of Fund.--
(1) In general.--There is established the ``Individual
Market Reinsurance Fund'' to be administered by the Secretary
to provide funding for an individual market stabilization
reinsurance program in each State that complies with the
requirements of this section.
(2) Funding.--There is appropriated to the Fund, out of any
moneys in the Treasury not otherwise appropriated, such sums as
are necessary to carry out this section (other than subsection
(c)) for each calendar year beginning with 2018. Amounts
appropriated to the Fund shall remain available without fiscal
or calendar year limitation to carry out this section.
(b) Individual Market Reinsurance Program.--
(1) Use of funds.--The Secretary shall use amounts in the
Fund to establish a reinsurance program under which the
Secretary shall make reinsurance payments to health insurance
issuers with respect to high-cost individuals enrolled in
qualified health plans offered by such issuers that are not
grandfathered health plans or transitional health plans for any
plan year beginning with the 2018 plan year. This subsection
constitutes budget authority in advance of appropriations Acts
and represents the obligation of the Secretary to provide
payments from the Fund in accordance with this subsection.
(2) Amount of payment.--The payment made to a health
insurance issuer under subsection (a) with respect to each
high-cost individual enrolled in a qualified health plan issued
by the issuer that is not a grandfathered health plan or a
transitional health plan shall equal 80 percent of the lesser
of--
(A) the amount (if any) by which the individual's
claims incurred during the plan year exceeds--
(i) in case of the 2018, 2019, or 2020 plan
year, $50,000; and
(ii) in the case of any other plan year,
$100,000; or
(B) for plan years described in--
(i) subparagraph (A)(i), $450,000; and
(ii) subparagraph (A)(ii), $400,000.
(3) Indexing.--In the case of plan years beginning after
2018, the dollar amounts that appear in subparagraphs (A) and
(B) of paragraph (2) shall each be increased by an amount equal
to--
(A) such amount; multiplied by
(B) the premium adjustment percentage specified
under section 1302(c)(4) of the Affordable Care Act,
but determined by substituting ``2018'' for ``2013''.
(4) Payment methods.--
(A) In general.--Payments under this subsection
shall be based on such a method as the Secretary
determines. The Secretary may establish a payment
method by which interim payments of amounts under this
subsection are made during a plan year based on the
Secretary's best estimate of amounts that will be
payable after obtaining all of the information.
(B) Requirement for provision of information.--
(i) Requirement.--Payments under this
subsection to a health insurance issuer are
conditioned upon the furnishing to the
Secretary, in a form and manner specified by
the Secretary, of such information as may be
required to carry out this subsection.
(ii) Restriction on use of information.--
Information disclosed or obtained pursuant to
clause (i) is subject to the HIPAA privacy and
security law, as defined in section 3009(a) of
the Public Health Service Act (42 U.S.C. 300jj-
19(a)).
(5) Secretary flexibility for budget neutral revisions to
reinsurance payment specifications.--If the Secretary
determines appropriate, the Secretary may substitute higher
dollar amounts for the dollar amounts specified under
subparagraphs (A) and (B) of paragraph (2) (and adjusted under
paragraph (3), if applicable) if the Secretary certifies that
such substitutions, considered together, neither increase nor
decease the total projected payments under this subsection.
(c) Outreach and Enrollment.--
(1) In general.--During the period that begins on January
1, 2018, and ends on December 31, 2020, the Secretary shall
award grants to eligible entities for the following purposes:
(A) Outreach and enrollment.--To carry out
outreach, public education activities, and enrollment
activities to raise awareness of the availability of,
and encourage enrollment in, qualified health plans.
(B) Assisting individuals transition to qualified
health plans.--To provide assistance to individuals who
are enrolled in health insurance coverage that is not a
qualified health plan enroll in a qualified health
plan.
(C) Assisting enrollment in public health
programs.--To facilitate the enrollment of eligible
individuals in the Medicare program or in a State
Medicaid program, as appropriate.
(D) Raising awareness of premium assistance and
cost-sharing reductions.--To distribute fair and
impartial information concerning enrollment in
qualified health plans and the availability of premium
assistance tax credits under section 36B of the
Internal Revenue Code of 1986 and cost-sharing
reductions under section 1402 of the Patient Protection
and Affordable Care Act, and to assist eligible
individuals in applying for such tax credits and cost-
sharing reductions.
(2) Eligible entities defined.--
(A) In general.--In this subsection, the term
``eligible entity'' means--
(i) a State; or
(ii) a nonprofit community-based
organization.
(B) Enrollment agents.--Such term includes a
licensed independent insurance agent or broker that has
an arrangement with a State or nonprofit community-
based organization to enroll eligible individuals in
qualified health plans.
(C) Exclusions.--Such term does not include an
entity that--
(i) is a health insurance issuer; or
(ii) receives any consideration, either
directly or indirectly, from any health
insurance issuer in connection with the
enrollment of any qualified individuals or
employees of a qualified employer in a
qualified health plan.
(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to awarding grants to States
or eligible entities in States that have geographic rating
areas at risk of having no qualified health plans in the
individual market.
(4) Funding.--Out of any moneys in the Treasury not
otherwise appropriated, $500,000,000 is appropriated to the
Secretary for each of calendar years 2018 through 2020, to
carry out this subsection.
(d) Reports to Congress.--
(1) Annual report.--The Secretary shall submit a report to
Congress, not later than January 21, 2019, and each year
thereafter, that contains the following information for the
most recently ended year:
(A) The number and types of plans in each State's
individual market, specifying the number that are
qualified health plans, grandfathered health plans, or
health insurance coverage that is not a qualified
health plan.
(B) The impact of the reinsurance payments provided
under this section on the availability of coverage,
cost of coverage, and coverage options in each State.
(C) The amount of premiums paid by individuals in
each State by age, family size, geographic area in the
State's individual market, and category of health plan
(as described in subparagraph (A)).
(D) The process used to award funds for outreach
and enrollment activities awarded to eligible entities
under subsection (c), the amount of such funds awarded,
and the activities carried out with such funds.
(E) Such other information as the Secretary deems
relevant.
(2) Evaluation report.--Not later than January 31, 2022,
the Secretary shall submit to Congress a report that--
(A) analyzes the impact of the funds provided under
this section on premiums and enrollment in the
individual market in all States; and
(B) contains a State-by-State comparison of the
design of the programs carried out by States with funds
provided under this section.
(e) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Health and Human Services.
(2) Fund.--The term ``Fund'' means the Individual Market
Reinsurance Fund established under subsection (a).
(3) Grandfathered health plan.--The term ``grandfathered
health plan'' has the meaning given that term in section
1251(e) of the Patient Protection and Affordable Care Act.
(4) High-cost individual.--The term ``high-cost
individual'' means an individual enrolled in a qualified health
plan (other than a grandfathered health plan or a transitional
health plan) who incurs claims in excess of $50,000 during a
plan year.
(5) State.--The term ``State'' means each of the 50 States
and the District of Columbia.
(6) Transitional health plan.--The term ``transitional
health plan'' means a plan continued under the letter issued by
the Centers for Medicare & Medicaid Services on November 14,
2013, to the State Insurance Commissioners outlining a
transitional policy for coverage in the individual and small
group markets to which section 1251 of the Patient Protection
and Affordable Care Act does not apply, and under the extension
of the transitional policy for such coverage set forth in the
Insurance Standards Bulletin Series guidance issued by the
Centers for Medicare & Medicaid Services on March 5, 2014,
February 29, 2016, and February 13, 2017.
|
Individual Health Insurance Marketplace Improvement Act This bill establishes and provides funds for an individual market stabilization reinsurance program to be administered in each state by the Department of Health and Human Services (HHS). Under the program, HHS shall make reinsurance payments to health insurance issuers with respect to high-cost individuals enrolled in certain qualified health plans offered by the issuers. HHS shall award grants to states or nonprofit community-based organizations to raise awareness of, and encourage enrollment in, qualified health plans.
|
{"src": "billsum_train", "title": "Individual Health Insurance Marketplace Improvement Act"}
| 2,678 | 134 | 0.411323 | 1.142076 | 0.702014 | 4.344828 | 29.241379 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Claims Act''.
SEC. 2. CIVIL RIGHTS COMPLAINTS AGAINST THE DEPARTMENT OF AGRICULTURE.
Section 14010 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 2279-2) is amended--
(1) by striking the section enumerator and heading and all
that follows through ``Each year'' and inserting the following:
``SEC. 14010. CIVIL RIGHTS COMPLAINTS AGAINST THE DEPARTMENT OF
AGRICULTURE.
``(a) Required Reports and Submissions.--Each year'';
(2) in paragraph (1)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by adding ``and'' at the
end; and
(C) by adding at the end the following:
``(E) the number of claims that have not been
resolved during the 270-day period beginning on the
date of acknowledgment of receipt of the claim by the
agency;'';
(3) in paragraph (2), by striking ``and'' at the end;
(4) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(3) submit to each Senator and Member of Congress a list
that--
``(A) identifies the number of constituents in the
State or district of the Senator or Member that have
outstanding civil rights claims that have been pending
for more than 270 days since the date of acknowledgment
of receipt of a formal complaint by the Department of
Agriculture; and
``(B) includes the number of claims that are
outstanding for each 60-day interval beyond the 270-day
period.
``(c) Required Submissions to Claimant.--As soon as practicable
after the expiration of the 270-day period beginning on the date of
acknowledgment of receipt of a civil rights claim by the Department of
Agriculture, if the claim remains outstanding, the Secretary shall
submit to the claimant of the outstanding civil rights claim the
estimated time of resolution for the claim.
``(d) Timeline for Response and Resolution.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall accept or
deny all formal civil rights complaints sent by registered mail
or delivered in person for processing during the 45-day period
beginning on the date of receipt of the complaint.
``(2) Failure to accept complaint.--
``(A) In general.--If the Secretary refuses to
accept a complaint as a formal civil rights complaint,
the complainant may appeal the intake decision during
the 15-day period beginning on the date of the disputed
intake through the office of the Assistant Secretary
for Administration of the Department of Agriculture.
``(B) Required response.--The Assistant Secretary
for Administration shall respond not later than 45 days
after the date on which an appeal is filed under
subparagraph (A) on acceptance or denial of the formal
complaint process.
``(3) Resolution of claims.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall resolve all civil
rights claims during the 270-day period beginning on
the date of acknowledgment of delivery of the complaint
by registered mail or in person.
``(B) Exceptions.--
``(i) Alternative dispute resolution.--
Notwithstanding subparagraph (A), in a case in
which the claimant has pursued the option of
alternative dispute resolution with the
Secretary, the 270-day period shall not begin
until--
``(I) the claimant terminates the
alternative dispute resolution process
in writing to the Department of
Agriculture; and
``(II)(aa) the Department has
acknowledged receipt of the claim; or
``(bb) the Postal Service verifies
that the complaint has been delivered
by registered mail.
``(ii) Pending criminal investigation.--
Notwithstanding subparagraph (A), in a case in
which a criminal investigation is pending with
respect to the claims, the 270-day period shall
not begin until the pending criminal
investigation has been concluded.
``(C) Failure to resolve.--
``(i) In general.--If a civil rights claim
is not resolved during the 270-day period, the
Secretary shall provide to the claimant, in
accordance with subsections (a)(3) and (b)--
``(I) an explanation of the reason
for delay;
``(II) an explanation of the
remaining process that is required for
the resolution of the claim;
``(III) a description of any items
necessary for review; and
``(IV) an estimated time for
resolution of the claim.
``(ii) Protection of confidential
information.--An explanation of the reason for
delay under clause (i) shall not include
confidential information relating to the claim
that would interfere with potential or ongoing
court proceedings.
``(4) Appeal of finding of discrimination.--
``(A) In general.--For any civil rights claim in
which discrimination is found under this section, the
claimant may file an appeal of the finding with the
Assistant Secretary for Administration.
``(B) Action by assistant secretary for
administration.--Not later than 180 days after the date
on which an appeal is filed under subparagraph (A), the
Assistant Secretary for Administration shall respond to
the appeal by issuing an acceptance or denial of the
finding.
``(e) Periodic Audits Conducted by Inspector General of the
Department of Agriculture.--Not later than 2 years after the date of
enactment of this subsection and not less frequently than every 3 years
thereafter, the Inspector General of the Department of Agriculture
shall conduct an audit of each activity taken by the Secretary under
this section for the period covered by the audit to determine
compliance with this section.''.
|
Fair Claims Act - Amends the Food, Conservation, and Energy Act of 2008 to require the Secretary of Agriculture (USDA) to: (1) accept or deny a formal civil rights complaint against USDA sent by registered mail or delivered in person within 45 days of receipt; and (2) resolve such claim within 270 days of receipt, with exceptions for pending criminal investigations or alternative dispute procedures.
Authorizes a claimant to file an appeal of the finding with the Assistant Secretary for Administration for any civil rights claim in which discrimination is found.
|
{"src": "billsum_train", "title": "A bill to amend the Food, Conservation, and Energy Act of 2008 to require the Secretary of Agriculture to acknowledge that the Department is considering or rejecting a civil rights claim not later than 45 days after receipt of the claim and, once considering a claim, to process all civil rights complaints within 270 days."}
| 1,330 | 116 | 0.530969 | 1.438642 | 0.566079 | 3.504762 | 11.857143 | 0.895238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Watershed Fairness
Act of 2012''.
SEC. 2. CHESAPEAKE BAY WATERSHED PROGRAM.
(a) In General.--Section 1240Q of the Food Security Act of 1985 (16
U.S.C. 3839bb-4) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Definitions.--In this section:
``(1) Chesapeake bay state; state.--The terms `Chesapeake
Bay State' and `State' means any of--
``(A) the States of Delaware, Maryland, New York,
Pennsylvania, Virginia, and West Virginia; and
``(B) the District of Columbia.
``(2) Chesapeake bay watershed.--The term `Chesapeake Bay
watershed' means all tributaries, backwaters, and side
channels, including their watersheds, draining into the
Chesapeake Bay in a Chesapeake Bay State.
``(3) Owner.--The term `owner' means an owner of
nonindustrial private forest land.
``(4) Technical service provider.--The term `technical
service provider' means a third-party provider who is eligible
to be approved pursuant to section 1242(e).'';
(2) by inserting ``and owners'' after ``producers'' each
place it appears in subsections (b), (c), (d)(1)(A), (d)(2),
and (e)(1);
(3) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and nonindustrial private forest lands''
after ``agricultural lands'';
(4) in subsection (c), in the matter preceding paragraph
(1), by striking ``The Secretary'' and inserting ``Except as
provided in subsection (d)(1)(B)(ii), the Secretary'';
(5) in subsection (d)(1)--
(A) in subparagraph (B), by striking ``section to
cover the costs of the program involved with each
agreement.'' and inserting ``section--''; and
(B) by adding at the end the following:
``(i) to cover the costs of the program
involved with each agreement; or
``(ii) to provide technical assistance
directly or through technical service
providers.'';
(6) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively;
(7) by inserting after subsection (d) the following:
``(e) Technical Assistance.--
``(1) Technical assistance to chesapeake bay states.--
``(A) State water quality goals.--The Secretary may
provide technical assistance to a Chesapeake Bay State
to assist in developing the water quality goals of the
State to result in reductions in losses of nitrogen,
phosphorus, and sediment from agricultural or
nonindustrial private forest land in the Chesapeake Bay
watershed to improve water quality in the Chesapeake
Bay watershed.
``(B) Targeted assistance to chesapeake bay
states.--
``(i) In general.--The Secretary may enter
into an agreement with a Chesapeake Bay State
(including any political subdivision or agency
of the Chesapeake Bay State) to provide
financial and technical assistance to the
Chesapeake Bay State.
``(ii) Purpose of assistance.--Assistance
provided by the Secretary under this
subparagraph shall be used by the Chesapeake
Bay State to provide, through a technical
service provider, the technical assistance
needed by an agricultural producer or owner in
the Chesapeake Bay watershed to promote water
quality goals of the Chesapeake Bay State.
``(2) Technical assistance to agricultural producers and
owners of certain nonindustrial private forest land.--
``(A) In general.--The Secretary may provide
technical assistance to producers and owners in the
Chesapeake Bay watershed directly or through--
``(i) a technical service provider;
``(ii) an agricultural or silvicultural
producer association;
``(iii) a State or unit of local
government;
``(iv) an Indian tribe;
``(v) a farmer cooperative;
``(vi) an institution of higher education;
or
``(vii) an organization with an established
history of working with producers on
agricultural land, as determined by the
Secretary, to address--
``(I) local conservation priorities
related to agricultural production,
wildlife habitat development, and
nonindustrial private forest land
management; or
``(II) critical watershed-scale
soil erosion, water quality, sediment
reduction, or other natural resource
concerns.
``(B) Purpose of assistance.--Technical assistance
may be provided under this paragraph for--
``(i) conservation services to reduce
losses of nitrogen, phosphorus, and sediment
from agricultural and nonindustrial private
forest land in the Chesapeake Bay watershed,
including--
``(I) education regarding
activities such producers and owners
can undertake to reduce such losses; or
``(II) conservation planning,
implementation, and maintenance to
reduce such losses;
``(ii) identifying best management
practices and assessing practices required to
achieve compliance with State and Federal water
quality laws, including through--
``(I) outreach to, and education
of, producers and owners regarding
available assistance; or
``(II) adoption and use of tools
and technology capable of assessing
practices that may be used to achieve
compliance with State and Federal water
quality laws; or
``(iii) other purposes as the Secretary may
determine appropriate.''; and
(8) in paragraph (2) of subsection (f) (as redesignated by
paragraph (6)), by inserting ``or owner'' after ``producer''.
(b) Funding.--Subsection (i) of section 1240Q of the Food Security
Act of 1985 (16 U.S.C. 3839bb-4) (as redesignated by subsection (a)(6))
is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) $50,000,000 for each of fiscal years 2013
through 2018.''.
|
Chesapeake Bay Watershed Fairness Act of 2012 - Amends the Food Security Act of 1985 to authorize the Secretary of Agriculture (USDA) to provide technical assistance to a Chesapeake Bay state (Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia) to assist in developing water quality goals that reduce losses of nitrogen, phosphorus, and sediment from agricultural or nonindustrial private forest land in the Chesapeake Bay watershed.
Authorizes the Secretary to provide financial and technical assistance to such a state to assist agricultural producers or owners to promote state water quality goals.
Authorizes the Secretary to provide technical assistance to producers and owners in such watershed, either directly or through a technical service provider, an agricultural or silvicultural producer association, a state or local government, an Indian tribe, a farmer cooperative, an institution of higher education, or an organization with an established history of working with producers on agricultural land, to address: (1) local conservation priorities related to agricultural production, wildlife habitat development, and nonindustrial private forest land management; or (2) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource concerns. Authorizes such technical assistance to be provided for: (1) conservation services to reduce losses of nitrogen, phosphorus, and sediment from agricultural and nonindustrial private forest land in such watershed; or (2) identifying best management practices and assessing practices required to achieve compliance with state and federal water quality laws.
Authorizes funding for each of FY2013-FY2018 for such activities in such watershed.
|
{"src": "billsum_train", "title": "To provide for continued conservation efforts in the Chesapeake Bay watershed."}
| 1,479 | 343 | 0.594335 | 1.696732 | 0.781312 | 3.84 | 4.356667 | 0.953333 |
SECTION 1. ADJUSTED DIFFERENTIALS.
(a) In General.--Paragraph (1) of section 404(b) of the Federal Law
Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note) is amended by
striking the matter after ``follows:'' and inserting the following:
``Area Differential
Atlanta Consolidated Metropolitan Statistical Area. 16.82%
Boston-Worcester-Lawrence, MA-NH-ME-CT-RI 24.42%
Consolidated Metropolitan Statistical Area.
Chicago-Gary-Kenosha, IL-IN-WI Consolidated 25.68%
Metropolitan Statistical Area.
Cincinnati-Hamilton, OH-KY-IN Consolidated 21.47%
Metropolitan Statistical Area.
Cleveland Consolidated Metropolitan Statistical 17.83%
Area.
Columbus Consolidated Metropolitan Statistical Area 16.90%
Dallas Consolidated Metropolitan Statistical Area.. 18.51%
Dayton Consolidated Metropolitan Statistical Area.. 15.97%
Denver-Boulder-Greeley, CO Consolidated 22.78%
Metropolitan Statistical Area.
Detroit-Ann Arbor-Flint, MI Consolidated 25.61%
Metropolitan Statistical Area.
Hartford, CT Consolidated Metropolitan Statistical 24.47%
Area.
Houston-Galveston-Brazoria, TX Consolidated 30.39%
Metropolitan Statistical Area.
Huntsville Consolidated Metropolitan Statistical 13.29%
Area.
Indianapolis Consolidated Metropolitan Statistical 13.38%
Area.
Kansas City Consolidated Metropolitan Statistical 14.11%
Area.
Los Angeles-Riverside-Orange County, CA 27.25%
Consolidated Metropolitan Statistical Area.
Miami-Fort Lauderdale, FL Consolidated Metropolitan 21.75%
Statistical Area.
Milwaukee Consolidated Metropolitan Statistical 17.45%
Area.
Minneapolis-St. Paul, MN-WI Consolidated 20.27%
Metropolitan Statistical Area.
New York-Northern New Jersey-Long Island, NY-NJ-CT- 27.17%
PA Consolidated Metropolitan Statistical Area.
Orlando, FL Consolidated Metropolitan Statistical 14.22%
Area.
Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD 21.03%
Consolidated Metropolitan Statistical Area.
Pittsburgh Consolidated Metropolitan Statistical 14.89%
Area.
Portland-Salem, OR-WA Consolidated Metropolitan 20.96%
Statistical Area.
Richmond Consolidated Metropolitan Statistical Area 16.46%
Sacramento-Yolo, CA Consolidated Metropolitan 20.77%
Statistical Area.
San Diego, CA Consolidated Metropolitan Statistical 22.13%
Area.
San Francisco-Oakland-San Jose, CA Consolidated 32.98%
Metropolitan Statistical Area.
Seattle-Tacoma-Bremerton, WA Consolidated 21.18%
Metropolitan Statistical Area.
St. Louis Consolidated Metropolitan Statistical 14.69%
Area.
Washington-Baltimore, DC-MD-VA-WV Consolidated 19.48%
Metropolitan Statistical Area.
Rest of United States Consolidated Metropolitan 14.19%''.
Statistical Area.
(b) Special Rules.--For purposes of the provision of law amended by
subsection (a)--
(1) the counties of Providence, Kent, Washington, Bristol,
and Newport, RI, the counties of York and Cumberland, ME, and
the city of Concord, NH, shall be treated as if located in the
Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated
Metropolitan Statistical Area; and
(2) members of the Capitol Police shall be considered to be
law enforcement officers within the meaning of section 402 of
the Federal Law Enforcement Pay Reform Act of 1990.
(c) Effective Date.--The amendment made by subsection (a)--
(1) shall take effect as if included in the Federal Law
Enforcement Pay Reform Act of 1990 on the date of the enactment
of such Act; and
(2) shall be effective only with respect to pay for service
performed in pay periods beginning on or after the date of the
enactment of this Act.
Subsection (b) shall be applied in a manner consistent with the
preceding sentence.
SEC. 2. LIMITATION ON PREMIUM PAY.
(a) In General.--Section 5547 of title 5, United States Code, is
amended--
(1) in subsection (a), by striking ``5545a,'';
(2) in subsection (c), by striking ``or 5545a''; and
(3) in subsection (d), by striking the period and inserting
``or a criminal investigator who is paid availability pay under
section 5545a.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 1114 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1239).
|
Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for (percentage differentials payable to) Federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act.Eliminates the limitation on the aggregate of basic pay and premium pay with respect to availability pay for Federal criminal investigators.
|
{"src": "billsum_train", "title": "To amend the Federal Law Enforcement Pay Reform Act of 1990 to adjust the percentage differentials payable to Federal law enforcement officers in certain high-cost areas, and for other purposes."}
| 1,084 | 80 | 0.385264 | 0.875673 | 0.335687 | 2.402985 | 13.746269 | 0.820896 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Social Security
Disability Insurance Return to Work Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Revising disability classifications.
Sec. 3. Requiring periodic continuing disability reviews for certain
beneficiaries.
Sec. 4. Regulations related to disability classifications and CDRs.
Sec. 5. Time-limiting disability benefits for MIE and MIL individuals.
Sec. 6. Encouraging work by MIE and MIL individuals.
Sec. 7. Increased funding for continuing disability reviews.
SEC. 2. REVISING DISABILITY CLASSIFICATIONS.
Section 221 of the Social Security Act (42 U.S.C. 421) is amended
by adding at the end the following new subsection:
``(n)(1) Not later than 1 year after the date of the enactment of
this subsection, the Commissioner of Social Security shall establish a
system for classifying any individual who is determined to be entitled
to disability insurance benefits under this title or to monthly
benefits under section 202 by reason of being under a disability in the
following manner:
``(A) An individual shall be classified as `medical
improvement expected' if the impairment or combination of
impairments causing the individual to be disabled is expected
to medically improve to the point where the individual will no
longer be disabled in 12 to 24 months.
``(B) An individual shall be classified as `medical
improvement likely' if the impairment or combination of
impairments causing the individual to be disabled is expected
to medically improve to the point where the individual will no
longer be disabled in 25 months to 60 months.
``(C) An individual shall be classified as `medical
improvement possible' if the impairment or combination of
impairments causing the individual to be disabled is not
expected to medically improve to the point where the individual
will no longer be disabled in 60 months, but future improvement
is possible.
``(D) An individual shall be classified as `medical
improvement not expected' if the individual has an impairment
or combination of impairments that is chronic or progressive
with permanent, irreversible structural or functional loss, and
for which there is no known effective therapy, treatment, or
surgical intervention that could result in medical improvement
to the point where the individual is no longer disabled.
``(2) In classifying an individual under the system established
under this subsection, the Commissioner of Social Security shall not
classify an individual as `medical improvement not expected' solely by
reason of such individual's age where a lesser classification is
appropriate.
``(3) Notwithstanding section 205(b)(1) or subsection (c)(1) or (d)
of this section, there shall be no review of, or right to appeal, a
classification made under the system established under this
subsection.''.
SEC. 3. REQUIRING PERIODIC CONTINUING DISABILITY REVIEWS FOR CERTAIN
BENEFICIARIES.
(a) In General.--Section 221(i) of the Social Security Act (42
U.S.C. 421(i)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1)(A) In the case of any individual who has not attained age 63,
is determined to be under a disability, and is classified as `medical
improvement possible' or `medical improvement not expected', the
applicable State agency or the Commissioner of Social Security (as may
be appropriate) shall, for purposes of determining such individual's
continuing disability--
``(i) if the individual is classified as `medical
improvement possible', conduct a review to determine whether
the individual remains under a disability during the 5th year
following the first month after the individual's waiting period
(as defined in section 223(c)(2)); and
``(ii) if the individual is classified as `medical
improvement not expected', conduct a review to determine
whether the individual remains under a disability during the
10th year following the first month after the individual's
waiting period (as so defined).
``(B) In addition to the continuing disability reviews required
under subparagraph (A) and notwithstanding how an individual is
classified under the system established by the Commissioner of Social
Security under subsection (n), if the Commissioner has reason to
believe that an individual that has been determined to be under a
disability is not under a disability, the Commissioner may review such
individual's case at such time and in such manner as the Commissioner
determines appropriate except that the Commissioner shall not initiate
a review on the basis of income earned by an individual who is a
participant in the process established under section 223(l).
``(C) Reviews of cases which are required or permitted under this
paragraph shall be in addition to, and shall not be considered as a
substitute for, any other reviews which are required or provided for
under or in the administration of this title.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively.
(b) Standard of Review for Continuing Disability Reviews.--
(1) In general.--Section 223(f) of the Social Security Act
(42 U.S.C. 423(f)) is amended--
(A) in paragraph (4), by striking the period at the
end and inserting ``; or'';
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) in the case of a continuing disability review under
section 221(i), evidence that would be sufficient to support a
finding in an initial determination that the individual is not
under a disability and is able to engage in substantial gainful
activity.''; and
(C) in the flush matter at the end, by inserting
``, except that, in the case of a continuing disability
review under section 221(i), the Commissioner shall not
consider the fact that an individual is engaged in
substantial gainful work as part of the process
established under subsection (l) as evidence that the
individual is able to engage in substantial gainful
activity'' after ``secured by the Commissioner of
Social Security''.
(2) Conforming amendment to definition of disability.--
Section 223(d)(2) of the Social Security Act (42 U.S.C.
423(d)(2)) is amended--
(A) in subparagraph (A), by striking ``An
individual'' and inserting ``Subject to subparagraph
(D), an individual''; and
(B) by adding at the end the following new
subparagraph:
``(D) In the case of a continuing disability review under
section 221(i), an individual may be found to be under a
disability even though the individual is engaged in substantial
gainful work as part of the process established under
subsection (l).''.
SEC. 4. REGULATIONS RELATED TO DISABILITY CLASSIFICATIONS AND CDRS.
The Commissioner of Social Security shall promulgate or revise, as
appropriate, regulations relating to the determination, classification,
and review of the disability status of individuals who apply for or
receive disability insurance benefits under title II of the Social
Security Act and related provisions of agency guidance to carry out
section 2 and the amendments made by section 3.
SEC. 5. TIME-LIMITING DISABILITY BENEFITS FOR MIE AND MIL INDIVIDUALS.
Section 223 of the Social Security Act (42 U.S.C. 423) is amended--
(1) in subsection (a)(1), in the flush language after and
below subparagraph (E), by striking ``subsection (e)'' and
inserting ``subsections (e) and (k)''; and
(2) by adding at the end the following new subsection:
``Time-Limited Disability Benefits
``(k)(1) In the case of an individual who files an application for
disability insurance benefits under this section or for monthly
benefits under section 202 by reason of being under a disability for
any month that begins on or after the date that is 1 year after the
date of the enactment of the Social Security Disability Insurance
Return to Work Act of 2016, is determined to be under a disability, and
is classified by the Commissioner of Social Security as `medical
improvement expected' or `medical improvement likely', the termination
month applicable to the individual shall be--
``(A) if the individual has been classified as `medical
improvement expected', the 23rd month following the first month
after the individual's waiting period (as defined in subsection
(c)(2)); or
``(B) if the individual has been classified as `medical
improvement likely', the 59th month following the first month
after the individual's waiting period (as so defined).
``(2)(A)(i) For purposes of this paragraph, the term `timely
reapplication' means an application for disability insurance benefits
under this section or for monthly benefits under section 202 by reason
of being under a disability that is submitted--
``(I) by an individual who is a recipient of such benefits;
and
``(II) during the period that is 14 months before the end
of the termination month applicable (or most recently
applicable) to the individual under paragraph (1) as of the
date of such application and ending with the date that is 12
months before the end of such termination month.
``(ii) Notwithstanding clause (i), the Commissioner of Social
Security may deem an application for disability insurance benefits
under this section or for monthly benefits under section 202 by reason
of being under a disability submitted by an individual who is a
recipient of such benefits that is submitted after the period described
in clause (i)(II) to be a timely reapplication if--
``(I) the individual can show good cause for why the
application was not submitted during such period; and
``(II) the application is submitted not later than 6 months
before the end of the termination month applicable (or most
recently applicable) to the individual under paragraph (1) as
of the date of such application.
``(B)(i) An individual who submits a timely reapplication and who
is determined to be under a disability shall be deemed to have
satisfied the waiting period applicable under subsection (c)(2).
``(ii)(I) If the Commissioner of Social Security fails to make an
initial determination with respect to the timely reapplication of an
individual who is a recipient of disability insurance benefits under
this section or monthly benefits under section 202 by reason of being
under a disability before the end of the termination month applicable
to the individual as of the date of such reapplication, such individual
shall continue to be entitled to such benefits until an initial
determination with respect to such timely reapplication is made.
``(II) If the Commissioner of Social Security makes an initial
adverse determination with respect to the timely reapplication of an
individual who is a recipient of disability insurance benefits under
this section or monthly benefits under section 202 by reason of being
under a disability and such individual files a timely request for a
hearing under section 221(d), such individual may elect to have the
payment of such benefits (as well as any other benefits payable under
this title or title XVIII on the basis of such individual's entitlement
to such benefits) continue in the same manner and subject to the same
conditions as an election made under subsection (g).
``(C) For purposes of reviewing a timely reapplication submitted by
an individual who is a recipient of disability insurance benefits under
this section or monthly benefits under section 202 by reason of being
under a disability--
``(i) the fact that the individual was previously found to
be under a disability shall have no evidentiary weight;
``(ii) the fact that the individual participated in the
process established under subsection (l) may be taken into
account for purposes of determining whether such individual is
under a disability; and
``(iii) subsection (f) shall not apply.''.
SEC. 6. ENCOURAGING WORK BY MIE AND MIL INDIVIDUALS.
(a) In General.--Section 223 of the Social Security Act (42 U.S.C.
423), as amended by section 5, is further amended--
(1) in subsection (a)(2), by striking ``section 202(q) and
section 215(b)(2)(A)(ii)'' and inserting ``subsection (l) and
sections 202(q) and 215(b)(2)(A)(ii)''; and
(2) by adding at the end the following new subsection:
``Treatment of Work Performed by Certain Disabled Individuals
``(l)(1) The Commissioner of Social Security shall establish a
process whereby an eligible individual who is entitled to a disability
insurance benefit under this section may elect to return to employment
and receive an adjusted disability insurance benefit amount (as
determined pursuant to paragraph (3)).
``(2)(A) For purposes of this subsection, the term `eligible
individual' means an individual who has been classified as `medical
improvement expected' or `medical improvement likely'.
``(B) Participation by an eligible individual in the process
established under this subsection shall be suspended if such individual
has no reported wages or self-employment income for the 4 preceding
calendar quarters (as defined in section 213(a)(1)).
``(3)(A) For purposes of subsection (a)(2), the amount of the
disability insurance benefit provided to an eligible individual who has
elected to return to employment for any month shall be equal to--
``(i) in the case of an individual who has average monthly
earnings (as determined under subparagraph (B)) equal to or
less than the level of monthly earnings established by the
Commissioner to represent substantial gainful activity, the
amount otherwise applicable for such individual under
subsection (a)(2); or
``(ii) in the case of individual who has average monthly
earnings (as determined under subparagraph (B)) that are in
excess of the level of monthly earnings established by the
Commissioner to represent substantial gainful activity, the
amount of the disability insurance benefit that would otherwise
apply for such individual under subsection (a)(2) reduced (but
not below zero) by an amount equal to 50 percent of the excess
of such individual's average monthly earnings over the level of
monthly earnings established by the Commissioner to represent
substantial gainful activity.
``(B)(i) The average monthly earnings for an eligible individual
shall be equal to the quotient of--
``(I) the total amount of wages and self-employment income
for such individual in any eligible months during the 2
calendar quarters (as defined in section 213(a)(1)) that
precede the most recently completed calendar quarter, and
``(II) the total number of eligible months during such 2-
calendar-quarter period.
``(ii) For purposes of clause (i), the term `eligible month' means
any month subsequent to the month in which an eligible individual
became entitled to a disability insurance benefit.
``(4) For purposes of paragraph (3)(B), wages and self-employment
income of an individual shall be determined based on relevant
information for such individual as provided by the State agency
responsible for the administration of State unemployment compensation
law.
``(5) For purposes of an eligible individual who has elected to
return to employment under this subsection, any services performed or
earnings derived from services during the period of such participation
shall not be considered for purposes of demonstrating an individual's
ability to engage in substantial gainful activity under subsection
(d)(4) and shall not be considered substantial gainful activity for
purposes of subsection (e).
``(6) For purposes of this title, the disability insurance benefit
received by an individual under this subsection shall not be applied
for purposes of determining any monthly benefits payable to any other
individuals entitled to benefits for any month based on the wages and
self-employment income of such individual.''.
(b) Conforming Amendment.--Section 221(m)(2)(B) of the Social
Security Act (42 U.S.C. 421(m)(2)(B)) is amended by inserting ``(unless
such individual is participating in the process established under
section 223(l))'' before the period.
(c) Effective Date.--The amendments made by this section shall
apply to benefits payable for months beginning after October 1, 2017.
SEC. 7. INCREASED FUNDING FOR CONTINUING DISABILITY REVIEWS.
Notwithstanding any other provision of law, for any calendar year
after 2017--
(1) the Commissioner of Social Security shall determine the
amount of any reduction in expenditures from the Federal
Disability Insurance Trust Fund (as defined in section 201(b)
of the Social Security Act (42 U.S.C. 401(b))) during the
preceding calendar year by reason of the provisions of this Act
and the amendments made by this Act; and
(2) 10 percent of the amount determined under paragraph (1)
shall be authorized to be made available from the Federal
Disability Insurance Trust Fund for continuing disability
reviews (as defined in section 201(g)(1)(A) of the Social
Security Act (42 U.S.C. 401(g)(1)(A))).
|
Social Security Disability Insurance Return to Work Act of 2016 This bill amends title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act (SSAct) to: (1) establish specified new disability classifications, and (2) require periodic continuing disability reviews for beneficiaries classified as "medical improvement possible" or "medical improvement not likely." The bill revises the standard of review for termination of disability benefits regarding an individual engaged in substantial gainful work as part of a certain process. The Social Security Administration (SSA) shall promulgate or revise, as appropriate, regulations relating to the determination, classification, and review of the disability status of individuals who apply for or receive disability insurance benefits. SSAct title II is amended to: (1) prescribe time limits for disability benefits classified "medical improvement expected" or "medical improvement likely," and (2) direct the SSA to establish a process for an individual entitled to a disability insurance benefit to elect to return to employment and receive an adjusted disability insurance benefit amount. The SSA shall determine the amount of any reduction in expenditures from the Federal Disability Insurance Trust Fund during the preceding calendar year. 10% of that amount shall be made available for continuing disability reviews.
|
{"src": "billsum_train", "title": "Social Security Disability Insurance Return to Work Act of 2016"}
| 3,824 | 257 | 0.54494 | 1.479833 | 0.781465 | 3.764463 | 14.644628 | 0.880165 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make it in America: Create Clean
Energy Manufacturing Jobs in America Act''.
SEC. 2. REQUIREMENTS FOR PURCHASE OF GREEN TECHNOLOGIES WITH 85 PERCENT
DOMESTIC CONTENT FOR USE BY FEDERAL GOVERNMENT AND
STATES.
(a) Requirement for Purchases by Federal Government.--
Notwithstanding chapter 83 of title 41, United States Code (popularly
referred to as the Buy American Act), and subject to subsection (c),
only green technologies that are 85 percent manufactured in the United
States, from articles, materials, or supplies 85 percent of which are
grown, produced, or manufactured in the United States, may be acquired
for use by the Federal Government.
(b) Requirement for Purchases by States Using Federal Funds.--
Subject to subsection (c), Federal funds may not be provided to a State
for the purchase of green technologies unless the State agrees that the
funds shall be used to purchase only green technologies that are 85
percent manufactured in the United States, from articles, materials, or
supplies 85 percent of which are grown, produced, or manufactured in
the United States.
(c) Phase-In of Requirement.--During the first three fiscal years
occurring after the date of the enactment of this Act, subsections (a)
and (b) shall be applied--
(1) during the first fiscal year beginning after such date
of enactment, by substituting ``30 percent'' for ``85
percent'';
(2) during the second fiscal year beginning after such date
of enactment, by substituting ``50 percent'' for ``85
percent''; and
(3) during the third fiscal year beginning after such date
of enactment, by substituting ``80 percent'' for ``85
percent''.
(d) Green Technologies Defined.--In this Act, the term ``green
technologies'' means renewable energy and energy efficiency products
and services that--
(1) reduce dependence on unreliable sources of energy by
encouraging the use of sustainable biomass, wind, small-scale
hydroelectric, solar, geothermal, and other renewable energy
and energy efficiency products and services; and
(2) use hybrid fossil-renewable energy systems.
(e) Effective Date.--This section shall apply to purchases of green
technologies on and after October 1 of the first fiscal year beginning
after the date of the enactment of this Act.
SEC. 3. RENEWABLE ENERGY PRODUCTION AND INVESTMENT TAX CREDITS LIMITED
TO DOMESTICALLY PRODUCED PROPERTY.
(a) Credit for Electricity Produced From Certain Renewable
Resources.--Subsection (d) of section 45 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new paragraph:
``(12) Domestic content requirement.--
``(A) In general.--In the case of any facility
originally placed in service after the date of the
enactment of the Make it in America: Create Clean
Energy Manufacturing Jobs in America Act, such facility
shall not be treated as a qualified facility for
purposes of this section unless such facility is 85
percent manufactured in the United States, from
articles, materials, or supplies 85 percent of which
are grown, produced, or manufactured in the United
States.
``(B) Transitional rule.--In the case of any
facility originally placed in service before January 1,
2015, subparagraph (A) shall be applied--
``(i) in the case a facility originally
placed in service during 2012, by substituting
`30 percent' for `85 percent' both places it
appears,
``(ii) in the case a facility originally
placed in service during 2013, by substituting
`50 percent' for `85 percent' both places it
appears, and
``(iii) in the case a facility originally
placed in service during 2014, by substituting
`80 percent' for `85 percent' both places it
appears.''.
(b) Investment Energy Credit.--Section 48 of such Code is amended
by adding at the end the following new subsection:
``(e) Domestic Content Requirement.--
``(1) In general.--In the case of any property for any
period after the date of the enactment of the Make it in
America: Create Clean Energy Manufacturing Jobs in America Act,
such property shall not be treated as energy property for
purposes of this section unless such property is 85 percent
manufactured in the United States, from articles, materials, or
supplies 85 percent of which are grown, produced, or
manufactured in the United States.
``(2) Transitional rule.--In the case of any property for
any period before January 1, 2015, paragraph (1) shall be
applied--
``(A) in the case of any period during 2012, by
substituting `30 percent' for `85 percent' both places
it appears,
``(B) in the case of any period during 2013, by
substituting `50 percent' for `85 percent' both places
it appears, and
``(C) in the case of any period during 2014, by
substituting `80 percent' for `85 percent' both places
it appears.''.
(c) Effective Dates.--
(1) Production credit.--The amendments made by subsection
(a) shall apply to facilities originally placed in service
after the date of the enactment of this Act.
(2) Investment credit.--The amendments made by subsection
(b) shall apply to periods after the date of the enactment of
this Act, under rules similar to the rules of section 48(m) of
the Internal Revenue Code of 1986 (as in effect on the day
before the date of the enactment of the Revenue Reconciliation
Act of 1990).
|
Make it in America: Create Clean Energy Manufacturing Jobs in America Act - Authorizes federal acquisition of, or the provision of federal funds to states for purchase of, only green technologies that are 85% manufactured in the United States from articles, materials, or supplies that are 85% grown, produced, or manufactured in the United States beginning in the fourth fiscal year after enactment of this Act. Provides that such percentage shall be 30% in the first fiscal year after enactment, 50% in the second fiscal year, and 80% in the third fiscal year.
Defines "green technologies" to mean renewable energy and energy efficiency products and services that: (1) reduce dependence on unreliable sources of energy by encouraging the use of sustainable biomass, wind, small-scale hydroelectric, solar, geothermal, and other renewable energy and energy efficiency products and services; and (2) use hybrid fossil-renewable energy systems.
Amends the Internal Revenue Code to prohibit treating any facility originally placed in service after the enactment of this Act as a qualified facility for purposes of the renewable energy production and investment tax credits unless such facility is 85% manufactured in the United States from articles, materials, or supplies that are 85% grown, produced, or manufactured in the United States. Provides that such percentage shall be 30% for a facility placed in service during 2012, 50% for a facility placed in service during 2013, and 80% for a facility placed in service during 2014.
|
{"src": "billsum_train", "title": "To require 85 percent domestic content in green technologies purchased by Federal agencies or by States with Federal funds and in property eligible for the renewable energy production or investment tax credits."}
| 1,290 | 307 | 0.713533 | 2.108551 | 0.840552 | 5.232639 | 4.083333 | 0.913194 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science, Technology, Engineering,
and Mathematics Professional Readiness Education Preparation Act'' or
the ``STEM PREP Act of 2015''.
SEC. 2. REFERENCES.
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 Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
SEC. 3. DEFINITIONS.
Section 3 (20 U.S.C. 2302) is amended--
(1) by redesignating paragraphs (31) through (34) as
paragraphs (32) through (35), respectively;
(2) by inserting after paragraph (30) the following new
paragraph:
``(31) STEM.--The term `STEM' means science, technology,
engineering, or mathematics as determined by the Secretary.'';
and
(3) in paragraph (33) (as so redesignated), in the
paragraph heading, by striking ``Tech prep'' and inserting
``STEM prep''.
SEC. 4. STEM PREP PROGRAM.
(a) Eligible Postsecondary Programs.--Section 203(a)(1)(B)(i) (20
U.S.C. 2373(a)(1)(B)(i)) is amended--
(1) in subclause (I)(aa), by striking ``2-year certificate
program'' and inserting ``1-year or 2-year certificate
program''; and
(2) in subclause (II), by striking ``2-year
apprenticeship'' and inserting ``1-year or 2-year
apprenticeship''.
(b) Duration.--Section 203(b) (20 U.S.C. 2373(b)) is amended by
striking ``4- or 6-year'' and inserting ``3-year to 6-year''.
(c) Contents of STEM Prep Program.--Section 203(c) (20 U.S.C.
2373(c)) is amended--
(1) in the subsection heading, by striking ``Tech Prep''
and inserting ``STEM Prep''; and
(2) in paragraph (2)--
(A) in subparagraph (A)(ii)--
(i) by striking ``2 years'' each place it
appears and inserting ``1 year''; and
(ii) in subclause (I), by inserting after
``course of study'' the following: ``(which may
be completed while a student is concurrently
enrolled in a secondary school)''; and
(B) by striking subparagraphs (B) through (G) and
inserting the following new subparagraphs:
``(B) focuses on academic and professional training
in STEM;
``(C) provides students with--
``(i) technical skill proficiency, an
industry-recognized credential, a certificate,
or a degree in a STEM discipline; or
``(ii) not less than one semester of
academic credits in STEM subjects that may be
transferred to an accredited public institution
of higher education in the State in which the
program is located;
``(D) gives each student an opportunity to
participate in a STEM-related internship or
apprenticeship lasting not less than 4 months;
``(E) builds student competence in technical skills
and in core academic subjects (as defined in section
9101 of the Elementary and Secondary Education Act of
1965), as appropriate, through applied, contextual, and
integrated instruction, in a coherent sequence of
courses; and
``(F) leads to placement in high skill or high wage
employment, or to further education;''.
(d) Indicators of Performance and Accountability.--Section
203(e)(1) (20 U.S.C. 2373(e)(1)) is amended by adding at the end the
following new subparagraph:
``(D) Such other indicators of performance as the
Secretary determines to be appropriate.''.
SEC. 5. CONSORTIUM APPLICATIONS.
(a) Approval of Applications.--Section 204(c) (20 U.S.C. 2374(c))
is amended to read as follows--
``(c) Approval.--
``(1) In general.--The eligible agency shall approve
applications under this title based on the potential of the
activities described in the application to create an effective
STEM prep program.
``(2) Consultation.--In selecting applications for approval
under paragraph (1), the eligible agency shall seek input from
industry experts and educators in STEM fields as
appropriate.''.
(b) Special Consideration.--Section 204(d) (20 U.S.C. 2374(d)) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) showcase curricula that lead to greater critical
thinking and problem solving skills in STEM by incorporating
fine arts into the STEM prep program.''.
(c) Matching Requirement.--Section 204 (20 U.S.C. 2374) is amended
by adding at the end the following new subsection:
``(g) Matching Requirement.--
``(1) In general.--To be eligible for a grant under this
title a consortium shall agree to provide not less than 25
percent in matching funds from non-Federal sources.
``(2) Limitation.--Not more than 10 percent of such
matching funds may be used to fund stipends for individuals
participating in internships or apprenticeships under section
203(c)(2)(D).''.
SEC. 6. EVALUATIONS AND REPORT.
Section 205 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2375) is amended to read as follows:
``SEC. 205. EVALUATIONS AND REPORT.
``(a) Evaluations.--Each eligible agency that receives an allotment
under this title shall annually prepare and submit to the Secretary a
written evaluation of the effectiveness of the STEM prep programs
assisted under this title, including a description of how grants were
awarded within the State.
``(b) Report.--Using the evaluations described in subsection (a),
the Secretary shall annually prepare a report comparing the
effectiveness of the STEM prep programs assisted under this title and
shall publish such report on a publicly accessible website of the
Department of Education.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 206 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2376) is amended by striking ``fiscal year
2007'' and inserting ``fiscal year 2016''.
SEC. 8. CONFORMING AMENDMENTS.
The Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.) is amended by striking ``tech prep'' each place it
appears (including in headings and table of contents items) and
inserting ``STEM prep'', in each case with the matter inserted to be in
the same typeface and typestyle as the matter striken.
|
Science, Technology, Engineering, and Mathematics Professional Readiness Education Preparation Act or the STEM PREP Act of 2015 This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to replace the TECH prep grant program with a STEM prep grant program for career and technical education programs focused on training students to enter the STEM (science, technology, engineering, or mathematics) fields. A grant-receiving consortium may include a nonprofit institution of higher education offering a one-year certificate program or a one-year apprenticeship program. The duration of a STEM program, currently 4- to 6-years, may extend from a 3-year to a 6-year length. Special consideration shall be given to consortium applications showcasing curricula that lead to greater critical thinking and problem solving skills by incorporating fine arts into the STEM prep program. A matching grant requirement is established for program eligibility.
|
{"src": "billsum_train", "title": "STEM PREP Act of 2015"}
| 1,700 | 192 | 0.525093 | 1.532546 | 0.807866 | 3.266272 | 8.52071 | 0.887574 |
SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT.
(a) Short Title.--This Act may be cited as the ``Responsible
Parenthood Act of 1995''.
(b) Amendments to the Social Security Act.--Except as otherwise
specifically provided, whenever in this Act an amendment is expressed
in terms of an amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Social Security Act.
SEC. 2. INTEGRATION OF FAMILY PLANNING AND MATERNAL AND CHILD HEALTH
SERVICES.
(a) Increase in Funding.--Section 501(a) (42 U.S.C. 701(a)) is
amended in the matter preceding paragraph (1) by striking
``$686,000,000'' and inserting ``$886,000,000''.
(b) Reservation of Certain Amounts.--Section 502 (42 U.S.C. 702) is
amended by striking ``$600,000,000'' each place it appears and
inserting ``$800,000,000''.
SEC. 3. ABSTINENCE SERVICES.
(a) Provision and Promotion of Abstinence Services.--Section
501(a)(1) (42 U.S.C. 701(a)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by inserting ``and'' at the end;
and
(3) by adding the following new subparagraph:
``(E) to provide and to promote family-centered,
community-based services and information regarding the
delay or discontinuation of premarital sexual activity,
particularly among adolescents, and to provide
adoption-related services and promote adoption as an
acceptable alternative for pregnant unmarried
individuals.''.
(b) Minimum Amount for Abstinence Services.--Section 504 (42 U.S.C.
704) is amended by adding the following new subsection:
``(e) Of the amounts paid to a State under section 503 from an
allotment for a fiscal year under section 502(c), not less than 100
percent of such amounts (including the fair market value of any
supplies or equipment) as were used under this title in the preceding
fiscal year to provide family planning services shall be used to
provide services described in section 501(a)(1)(E).''.
(c) Needs Assessment for Abstinence Services.--Section 505(a)(1)
(42 U.S.C. 705(a)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(D) services and information regarding the delay
or discontinuation of premarital sexual activity,
particularly among adolescents, and regarding
adoption.''.
SEC. 4. USE OF FUNDS.
(a) Prohibition of Use for Family Planning Services in Schools.--
Section 504(b) (42 U.S.C. 704(b)) is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6)(B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new paragraphs:
``(7) to provide or promote family planning services in any
elementary or secondary educational institution; or
``(8) to provide or promote any drug or device except for a
use that has been approved by the Food and Drug
Administration.''.
(b) No Funding of Programs or Projects That Provide Abortion
Services.--Section 504 (42 U.S.C. 704), as amended by section 3(b), is
amended by adding at the end the following new subsections:
``(f)(1) Payments under this title may be made only to programs or
projects that--
``(A) do not provide abortions or abortion counseling or
referral;
``(B) do not subcontract with or make any payment to any
person who provides abortions or abortion counseling or
referral (except that any such program or project may provide
referral for abortion counseling to a pregnant adolescent if
such adolescent and the parents or guardians of such adolescent
request such referral); or
``(C) do not advocate, promote, or encourage abortion.
``(2) The Secretary shall ascertain whether programs or projects
comply with paragraph (1) and take appropriate action if programs or
projects do not comply with such paragraph, including withholding of
funds.
``(g) A State shall ensure, to the maximum extent possible, family
participation in the receipt of services provided under section
501(a)(1) and shall ensure that an entity that receives funds under
this title shall comply with any State law that requires--
``(1) involvement of a family member prior to the provision
of services related to family planning or abortion; and
``(2) reporting of civil or criminal offenses involving
child abuse or statutory rape.
``(h) The acceptance by any individual of family planning services
or family planning or population growth information (including
educational materials) provided through financial assistance under this
title shall be voluntary and shall not be a prerequisite to eligibility
for or receipt of any other service or assistance from, or to
participation in, any other program of the entity or individual that
provided such service or information.''.
SEC. 5. APPLICATION FOR BLOCK GRANT FUNDS.
Section 505(a)(5) (42 U.S.C. 705(a)(5)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (I);
and
(2) by inserting after subparagraph (F) the following
subparagraphs:
``(G) the State will provide a description of how
the applicant will, as appropriate to the provision of
family planning services or services provided under
section 501(e)(1)(A)--
``(i) involve families of adolescents in a
manner that will maximize the role of the
family in the solution of problems relating to
the parenthood or pregnancy of the adolescent;
and
``(ii) involve religious and charitable
organizations, voluntary associations, and
other groups in the private sector as well as
services provided by publicly sponsored
initiatives;
``(H)(i) the State will provide assurances that--
``(I) except as provided in clause (ii),
and subject to subclause (II), the applicant
will notify the parents or guardians of any
unemancipated minor requesting services from
the applicant and will obtain the permission of
such parents or guardians with respect to the
provision of such services; and
``(II) in the case of a pregnant
unemancipated minor requesting services from a
recipient of funds under this title, the
recipient will notify the parents or guardians
of such minor under subclause (I) within a
reasonable period of time; and
``(ii) the State will provide assurances that the
applicant will not notify or request the permission of
the parent or guardian of any unemancipated minor
without the consent of the minor--
``(I) who solely is requesting from the
applicant pregnancy testing or testing or
treatment for venereal disease;
``(II) who is the victim of incest
involving a parent; or
``(III) if an adult sibling of the minor or
an adult aunt, uncle, or grandparent who is
related to the minor by blood certifies to the
recipient that notification of the parent or
guardian of such minor would result in physical
injury to such minor.''.
SEC. 6. REPORTS AND AUDITS.
(a) Report by State.--Section 506(a)(2) (42 U.S.C. 706(a)(2)) is
amended by adding after subparagraph (E) the following new
subparagraph:
``(F) Information (as prescribed by the Secretary) on the
State's activities in connection with the services described in
section 501(a)(1)(E).''.
(b) Report by Secretary.--Section 506(a)(3) (42 U.S.C. 706(a)(3))
is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) information on the State's activities in connection
with the services described in section 501(a)(1)(E).''.
SEC. 7. EVALUATION.
Title V (42 U.S.C. 701 et seq.) is amended by adding at the end the
following new section:
``evaluation
``Sec. 510. (a) Of amounts allotted to a State under section 502(c)
in a fiscal year that the State estimates will be expended on family
planning services and the services described in section 501(a)(1)(E)
for such year the State shall reserve--
``(1) not less than 2 percent and not more than 4 percent
of such amounts for an annual evaluation of activities carried
out under this title and the effectiveness of such activities
in reducing sexual activity, pregnancies, and births among
unmarried individuals, particularly adolescents; and
``(2) not less than 2 percent and not more than 4 percent
of such amounts for an annual longitudinal study by an
independent research organization of the activities carried out
under this title and the effectiveness of such activities in
reducing sexual activity, pregnancies, and births among
unmarried individuals, particularly adolescents.
``(b)(1) Each State shall submit the evaluations and studies
conducted under this section to the Secretary.
``(2) The Secretary shall submit a summary of each evaluation and
study submitted under paragraph (1) to the appropriate committees of
the Congress.''.
SEC. 8. DEFINITION OF FAMILY.
Section 501(b) (42 U.S.C. 701(b)) is amended by adding at the end
the following new paragraph:
``(5) The term `family' means a child under the age of 19,
the biological or adoptive parents of the child, the legal
guardian of the child, or a responsible relative or caretaker
with whom the child regularly resides, the siblings of the
child, and other individuals living in the child's home.''.
SEC. 9. REPEAL OF CERTAIN PROGRAMS.
(a) Repeal of Population Research and Voluntary Family Planning
Programs.--Title X of the Public Health Service Act (42 U.S.C. 300 et
seq.) is repealed.
(b) Repeal of Adolescent Family Life Demonstration Projects.--Title
XX of the Public Health Service Act (42 U.S.C. 300z et seq.) is
repealed.
SEC. 10. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
October 1, 1995.
|
Responsible Parenthood Act of 1995 - Amends title V (Maternal and Child Health Services) of the Social Security Act to provide for various specified program changes, including: (1) an increase in funding under such program, as well as a corresponding increase in Federal set-asides; (2) provision and promotion of abstinence and adoption-related services; (3) prohibitions on the use of funds for family planning services in schools and for programs or projects that provide abortions or abortion counseling or referral; (4) additional application requirements related to maximizing the role of families and religious and charitable organizations in solving problems relating to parenthood or adolescent pregnancies; and (5) new reporting requirements for the State and the Secretary of Health and Human Services involving State activities in connection with program services relating to abstinence and adoption.
Amends the Public Health Service Act to repeal certain programs and demonstration projects related to population research and voluntary family planning as well as adolescent family life.
|
{"src": "billsum_train", "title": "Responsible Parenthood Act of 1995"}
| 2,531 | 217 | 0.578715 | 1.597312 | 0.769359 | 2.465241 | 11.673797 | 0.903743 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Co-Teaching Educator Professional
Development Act of 2007''.
SEC. 2. CO-TEACHING EDUCATOR PROFESSIONAL DEVELOPMENT.
Section 2151 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6651 et seq.) is amended by adding at the end the following:
``(g) Co-Teaching Educator Professional Development.--
``(1) Purposes.--The purposes of this subsection are to
ensure that--
``(A) students with disabilities are educated with
their peers in the least restrictive environment;
``(B) students with disabilities have access, with
appropriate supports and services, to the same academic
content as other students;
``(C) the requirements of section 1119(a) and
section 612(a)(14)(C) of the Individuals with
Disabilities Education Act are met; and
``(D) general education teachers, special education
teachers, principals, and administrators who implement
a co-teaching model for instructing students with
disabilities are provided with the necessary and
effective professional development and support to
enhance their pedagogical, collaborative, planning, and
interpersonal skills and increase the achievement of
such students.
``(2) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means--
``(i) one or more local educational
agencies; or
``(ii) one or more local educational
agencies in collaboration with an institution
of higher education, a teacher organization, or
a State educational agency.
``(B) Co-teaching.--The term `co-teaching' means an
instructional delivery option, offered either full-time
or part-time, based on a collaborative professional
relationship between a teacher with expertise in
delivering instruction to students with disabilities
and a teacher with expertise in a specific core content
area or a team of such teachers, such as a grade level
team or a middle school team, for the purpose of
jointly delivering substantive instruction to a
diverse, blended group of students in a single general
education classroom and ensuring that students with
disabilities receive the special instruction, supports,
and services to which they are entitled while ensuring
that they can access a rigorous general curriculum in
the least restrictive environment.
``(3) Program authorized.--
``(A) In general.--The Secretary shall award, on a
competitive basis, grants to eligible entities to
enable such entities to provide professional
development opportunities and high-quality support for
general education teachers and special education
teachers, principals, and administrators that implement
a co-teaching model. Such professional development
opportunities and support shall assist teachers,
principals, and administrators in--
``(i) clearly defining classroom, teaching,
and decision-making roles and responsibilities,
shared instructional and educational goals and
expectations, and shared accountability for
student outcomes;
``(ii) utilizing research-based co-teaching
strategies and approaches for differentiated
instruction, including accommodations,
modifications, and positive behavioral supports
to facilitate learning and address diverse
learning and student needs;
``(iii) improving the participation and
engagement of all students in classes that use
co-teaching while meeting the individualized
needs of students with disabilities;
``(iv) improving collaboration skills for
fostering a constructive professional co-
teaching partnership, including development of
effective communication, problem-solving, and
conflict resolution skills;
``(v) enhancing time, resource, and
classroom management skills;
``(vi) effectively scheduling and lesson
planning for co-teaching instruction, including
common planning time for such purpose;
``(vii) effectively involving parents and
families of students with disabilities in co-
teaching program development, implementation,
and evaluation;
``(viii) jointly developing and planning a
student's IEP and overall classroom curriculum
for co-teaching instruction;
``(ix) implementing strategies in a class
that uses co-teaching for improving student
learning gains on required State assessments,
including alternate assessments;
``(x) providing constructive feedback and
coaching on a regular basis to improve
instructional and classroom practices; and
``(xi) developing clear and tailored
instructional strategies, plans, procedures,
practices, and assessment tools for remediation
or developmental specialized instruction
designed to meet, in a class that uses co-
teaching, the goals and objectives in a
student's IEP.
``(4) Application.--An eligible entity that desires a grant
under this subsection shall submit to the Secretary an
application at such time, in such manner, and accompanied by
such information as the Secretary may require.
``(5) Evaluation.--Each program receiving a grant under
this subsection shall report on the effectiveness of the
professional development being provided based on not less than
the following criteria:
``(A) Student academic learning gains.
``(B) Teacher retention.
``(C) Meeting IEP goals and objectives.
``(D) The increase in the amount of time spent by
students with disabilities on general education
curriculum in a general education setting.
``(E) Student behavior.
``(F) Evaluation of school professionals.
``(G) Parent, family, and community involvement.
``(H) The support and commitment of principals and
administrators.
``(I) Teacher satisfaction.''.
|
Co-Teaching Educator Professional Development Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive grants to local educational agencies (LEAs), or LEAs in collaboration with an institution of higher education, a teacher organization, or a state, to provide professional development and high-quality support for general education teachers and special education teachers, principals, and administrators that implement a co-teaching model that allows disabled students, with appropriate support and services, to be educated with their peers in the least restrictive environment.
|
{"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to award grants to implement a co-teaching model for educating students with disabilities."}
| 1,187 | 126 | 0.642011 | 1.606777 | 0.664172 | 4.462963 | 10.472222 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop, Observe, Ask, and Respond to
Health and Wellness Act of 2018'' or the ``SOAR to Health and Wellness
Act of 2018''.
SEC. 2. PROGRAM ESTABLISHMENT.
Part E of title XII of the Public Health Service Act (42 U.S.C.
300d-51 et seq.) is amended by adding at the end the following:
``SEC. 1254. STOP, OBSERVE, ASK, AND RESPOND TO HEALTH AND WELLNESS
TRAINING PROGRAM.
``(a) In General.--The Secretary shall establish a program to be
known as the Stop, Observe, Ask, and Respond to Health and Wellness
Training Program or the SOAR to Health and Wellness Training Program
(in this section referred to as the `Program') to provide training to
health care and social service providers on human trafficking in
accordance with this section.
``(b) Activities.--
``(1) In general.--The Program shall include the Stop, Observe,
Ask, and Respond to Health and Wellness Training Program's
activities existing on the day before the date of enactment of this
section and the authorized initiatives described in paragraph (2).
``(2) Authorized initiatives.--The authorized initiatives of
the Program shall include--
``(A) engaging stakeholders, including victims of human
trafficking and Federal, State, local, and tribal partners, to
develop a flexible training module--
``(i) for supporting activities under subsection (c);
and
``(ii) that adapts to changing needs, settings, health
care providers, and social service providers;
``(B) providing technical assistance to grantees related to
implementing activities described in subsection (c) and
reporting on any best practices identified by the grantees;
``(C) developing a reliable methodology for collecting
data, and reporting such data, on the number of human
trafficking victims identified and served by grantees in a
manner that, at a minimum, prevents disclosure of individually
identifiable information consistent with all applicable privacy
laws and regulations; and
``(D) integrating, as appropriate, the training described
in paragraphs (1) through (4) of subsection (c) with training
programs, in effect on the date of enactment of this section,
for health care and social service providers for victims of
intimate partner violence, sexual assault, stalking, child
abuse, child neglect, child maltreatment, and child sexual
exploitation.
``(c) Grants.--The Secretary may award grants to appropriate
entities to train health care and social service providers to--
``(1) identify potential human trafficking victims;
``(2) implement best practices for working with law enforcement
to report and facilitate communication with human trafficking
victims, in accordance with all applicable Federal, State, local,
and tribal laws, including legal confidentiality requirements for
patients and health care and social service providers;
``(3) implement best practices for referring such victims to
appropriate health care, social, or victims service agencies or
organizations; and
``(4) provide such victims with coordinated, age-appropriate,
culturally relevant, trauma-informed, patient-centered, and
evidence-based care.
``(d) Consideration in Awarding Grants.--The Secretary, in making
awards under this section, shall give consideration to--
``(1) geography;
``(2) the demographics of the population to be served;
``(3) the predominant types of human trafficking cases
involved; and
``(4) health care and social service provider profiles.
``(e) Data Collection and Reporting.--
``(1) In general.--The Secretary shall collect data and report
on the following:
``(A) The total number of entities that received a grant
under this section.
``(B) The total number and geographic distribution of
health care and social service providers trained through the
Program.
``(2) Initial report.--In addition to the data required to be
collected under paragraph (1), for purposes of the initial report
to be submitted under paragraph (3), the Secretary shall collect
data on the total number of facilities and health care professional
organizations that were operating under, and the total number of
health care and social service providers trained through, the Stop,
Observe, Ask, and Respond to Health and Wellness Training Program
existing prior to the establishment of the Program under this
section.
``(3) Annual report.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Secretary
shall submit an annual report to Congress on the data collected
under this subsection in a manner that, at a minimum, prevents the
disclosure of individually identifiable information consistent with
all applicable privacy laws and regulations.
``(f) Sharing Best Practices.--The Secretary shall make available,
on the Internet website of the Department of Health and Human Services,
a description of the best practices and procedures used by entities
that receive a grant for carrying out activities under this section.
``(g) Definition.--In this section, the term `human trafficking'
has the meaning given the term `severe forms of trafficking in persons'
as defined in section 103 of the Trafficking Victims Protection Act of
2000.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act, $4,000,000 for each of fiscal years
2020 through 2024.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Stop, Observe, Ask, and Respond to Health and Wellness Act of 2017 or the SOAR to Health and Wellness Act of 2017 (Sec. 3) This bill directs the Department of Health and Human Services (HHS) to establish a program, to be known as the Stop, Observe, Ask, and Respond to Health and Wellness Training Program or the SOAR to Health and Wellness Training Program, to train health care providers and other related providers to: identify potential human trafficking victims, work with law enforcement to report and facilitate communication with such victims, refer victims to social or victims service agencies or organizations, provide such victims with coordinated care tailored to their circumstances, and consider integrating this training with existing training programs. The program must include the functions of the training program with the same name that was operating before this bill's enactment and the following initiatives: engaging stakeholders to develop a flexible training module, providing technical assistance to health education programs and health care professional organizations, facilitating the dissemination of best practices, and developing a methodology for collecting and reporting data on the number of human trafficking victims served in health care settings or other related provider settings. (Sec. 4) HHS must report the number of grantees operating under the program, the number of providers trained through the program, and numbers for the program operating before this program. (Sec. 5) The bill authorizes appropriations for the program through FY2022.
|
{"src": "billsum_train", "title": "SOAR to Health and Wellness Act of 2017"}
| 1,221 | 313 | 0.753944 | 2.3846 | 0.784245 | 3.427562 | 4.102473 | 0.848057 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infant Plan of Safe Care Improvement
Act''.
SEC. 2. BEST PRACTICES FOR DEVELOPMENT OF PLANS OF SAFE CARE.
Section 103(b) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5104(b)) is amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively; and
(2) by inserting after paragraph (4), the following:
``(5) maintain and disseminate information about the
requirements of section 106(b)(2)(B)(iii) and best practices
relating to the development of plans of safe care as described
in such section for infants born and identified as being
affected by illegal substance abuse or withdrawal symptoms, or
a Fetal Alcohol Spectrum Disorder;''.
SEC. 3. STATE PLANS.
Section 106(b)(2)(B)(iii) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a(b)(2)(B)(iii)) is amended by inserting
before the semicolon at the end the following: ``to ensure the safety
and well-being of such infant following release from the care of
healthcare providers, including through--''
``(I) addressing the health and
substance use disorder treatment needs
of the infant and affected family or
caregiver; and
``(II) the development and
implementation by the State of
monitoring systems regarding the
implementation of such plans to
determine whether and in what manner
local entities are providing, in
accordance with State requirements,
referrals to and delivery of
appropriate services for the infant and
affected family or caregiver''.
SEC. 4. DATA REPORTS.
(a) In General.--Section 106(d) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a(d)) is amended by adding at the end of
the following:
``(17)(A) The number of infants identified under subsection
(b)(2)(B)(ii).
``(B) The number of infants for whom a plan of safe care
was developed under subsection (b)(2)(B)(iii).
``(C) The number of infants for whom a referral was made
for appropriate services, including services for the affected
family or caregiver, under subsection (b)(2)(B)(iii).''.
(b) Redesignation.--Effective on May 29, 2017, section 106(d) of
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is
amended by redesignating paragraph (17) (as added by subsection (a)) as
paragraph (18).
SEC. 5. MONITORING AND OVERSIGHT.
(a) Amendment.--Title I of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq.) is further amended by adding at the end
the following:
``SEC. 114. MONITORING AND OVERSIGHT.
``The Secretary shall conduct monitoring to ensure that each State
that receives a grant under section 106 is in compliance with the
requirements of section 106(b), which--
``(1) shall--
``(A) be in addition to the review of the State
plan upon its submission under section 106(b)(1)(A);
and
``(B) include monitoring of State policies and
procedures required under clauses (ii) and (iii) of
section 106(b)(2)(B); and
``(2) may include--
``(A) a comparison of activities carried out by the
State to comply with the requirements of section 106(b)
with the State plan most recently approved under
section 432 of the Social Security Act;
``(B) a review of information available on the
Website of the State relating to its compliance with
the requirements of section 106(b);
``(C) site visits, as may be necessary to carry out
such monitoring; and
``(D) a review of information available in the
State's Annual Progress and Services Report most
recently submitted under section 1357.16 of title 45,
Code of Federal Regulations (or successor
regulations).''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is
amended by inserting after the item relating to section 113, the
following:
``Sec. 114. Monitoring and oversight.''.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to authorize the Secretary of Health and Human Services or
any other officer of the Federal Government to add new requirements to
section 106(b) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106a(b)), as amended by this Act.
Passed the House of Representatives May 11, 2016.
Attest:
KAREN L. HAAS,
Clerk.
|
Infant Plan of Safe Care Improvement Act (Sec. 2) This bill amends the Child Abuse Prevention and Treatment Act to require the Department of Health and Human Services (HHS), through the national clearinghouse for information relating to child abuse, to maintain and disseminate information about the requirements and best practices relating to the development of plans of safe care for infants born affected by illegal substance abuse, withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder. (Sec. 3) A state plan submitted to HHS for a grant to improve its child protective services system must certify that it has a state law or statewide program relating to child abuse and neglect that includes a plan of safe care for such an infant to ensure its safety and well-being following release from the care of healthcare providers. The state plan of safe care shall: (1) address the health and substance use disorder treatment needs of the infant and affected family or caregiver; and (2) specify the development and implementation by the state of monitoring systems regarding the implementation of such plans to determine whether and in what manner local entities are providing, in accordance with state requirements, referrals to and delivery of appropriate services for the infant and affected family or caregiver. (Sec. 4) Annual state data reports shall include the total number of such infants for whom a plan of safe care was developed, and for whom referrals are made for appropriate services, including services for the affected family or caregiver. (Sec. 5) HHS shall monitor the compliance of each grant-receiving state with applicable current law requirements, including required state policies and procedures regarding care of such infants.
|
{"src": "billsum_train", "title": "Infant Plan of Safe Care Improvement Act"}
| 1,156 | 349 | 0.684905 | 2.101111 | 0.852027 | 3.466877 | 3.059937 | 0.899054 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elementary and Secondary School
Emergency Preparedness Planning Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There is an immediate need for comprehensive and
coordinated emergency preparedness planning support for local
educational agencies and districts nationwide.
(2) Local educational agencies and districts historically
have had limited roles in the emergency preparedness planning
process administered by other agencies and districts, have not
received priority consideration in that process, and have had
minimal access to funds allocated to emergency preparedness.
(3) Grants made under section 3 will enable local
educational agencies and districts to take an active role in
emergency planning and give them access to the broad range of
skills and expertise of the many other agencies or dsitricts
involved in emergency planning and preparedness.
SEC. 3. ELEMENTARY AND SECONDARY SCHOOL EMERGENCY PREPAREDNESS PLANNING
GRANT PROGRAM.
(a) Establishment.--The Secretary of Homeland Security shall
establish a competitive program to make grants for emergency
preparedness planning and implementation to local educational agencies
and districts located in areas under a high threat of terrorist
attacks, natural disasters, or public health emergencies.
(b) Eligibility.--The Secretary may only award a grant under this
section to a local educational agency or district that--
(1) is located near a place that is under a high threat
of--
(A) terrorist attacks, as determined by the
Secretary;
(B) natural disasters, as determined by the
Secretary, acting through the Administrator of the
Federal Emergency Management Agency; or
(C) public health emergencies, as determined by the
Secretary, in consultation with the Director of the
Centers for Disease Control and Prevention; and
(2) submits an application at such time, in such form, and
with such information and assurances as the Secretary may
require, including--
(A) assurances that such local educational agency
or district will use such grant amounts to carry out
the activities in subsection (e); and
(B) a budget and timeline for carrying out such
activities.
(c) Priority.--
(1) Initial priority.--In awarding grants under this
section, the Secretary shall give priority to local educational
agencies and districts located in areas with higher population
densities and that are under a higher threat of terrorist
attacks, natural disasters, or public health emergencies than
other local educational agencies and districts eligible under
subsection (b).
(2) Further priority.--Among the priority local educational
agencies and districts described in paragraph (1), the
Secretary shall give further priority to local educational
agencies and districts that have in the past demonstrated the
ability to formulate and implement effective emergency
preparedness plans.
(d) Grant Amount.--Amounts awarded under this section shall not
exceed $500,000 per local educational agency or district per fiscal
year.
(e) Use of Funds.--
(1) Required use of funds.--
(A) In general.--A local educational agency or
district receiving a grant under this section shall use
such funds to implement or to formulate and implement
an emergency preparedness plan.
(B) Elements of plan.--The plan required by
subparagraph (A) shall provide for--
(i) the creation in the office of the
superintendent or other chief executive officer
of the local educational agency or district of
a School Emergency Response Center to provide
coordination, communication, and support for
school-based emergency preparedness planning
and implementation;
(ii) the creation of a Regional Advisory
Council chaired by the superintendent or other
chief executive officer of the local
educational agency or district and composed of
other appropriate representatives from the
local educational agency or district and from
emergency management and law enforcement
agencies, local public health offices,
nongovernmental organizations, and other
appropriate stakeholders; and
(iii) the development of a plan specific to
each school under the local educational
agency's or district's authority for each type
of emergency likely to occur in the area.
(2) Permitted use of funds.--A local educational agency or
district receiving a grant under this section may use any such
funds remaining after complying with paragraph (1)(A) for any
purpose relating to emergency preparedness planning or
implementation.
(f) Local Educational Agency Defined.--As used in this section, the
term ``local educational agency'' has the meaning given the term in
section 9101(26) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(26)), and, if applicable, such term also includes a
group of local educational agencies located in the same region that are
collaborating to formulate and implement an emergency preparedness plan
described in subsection (e)(1).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000, of which not more
than 5 percent shall be available for the costs of administering the
grant program, for each of the fiscal years 2011 through 2013.
|
Elementary and Secondary School Emergency Preparedness Planning Act - Requires the Secretary of Homeland Security (DHS) to establish a competitive program to make grants for emergency preparedness planning and implementation to local educational agencies and districts located in areas under a high threat of terrorist attacks, natural disasters, or public health emergencies.
Directs the Secretary, in awarding grants, to give priority to: (1) local educational agencies and districts located in areas with higher population densities that are under a higher threat of terrorist attacks, natural disasters, or public health emergencies; and (2) such agencies and districts that have demonstrated the ability to formulate and implement effective emergency preparedness plans.
Requires a local educational agency or district receiving a grant to use such funds to formulate and implement an emergency preparedness plan, which shall provide for: (1) the creation in the office of the superintendent or other chief executive officer of the local educational agency or district of a School Emergency Response Center; (2) the creation of a Regional Advisory Council; and (3) the development of a plan specific to each school under the local educational agency's or district's authority for each type of emergency likely to occur in the area. Permits remaining funds to be used for any purpose relating to emergency preparedness planning or implementation.
|
{"src": "billsum_train", "title": "To authorize the Secretary of Homeland Security to establish a competitive program to make emergency preparedness planning and implementation grants to local educational districts/agencies located in areas under a high threat of terrorist attacks, natural disasters, or public health emergencies."}
| 1,057 | 271 | 0.736465 | 1.859725 | 0.995418 | 5.810484 | 4.056452 | 0.979839 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biotechnology Food Labeling
Uniformity Act''.
SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(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:
``(z)(1) If the food or an ingredient of the food is produced or
derived from genetic engineering, unless it bears labeling stating that
fact in accordance with paragraphs (3) and (4).
``(2) The provisions of this paragraph shall not apply--
``(A) if it is a processed food and the ingredients
produced from genetic engineering do not, in the aggregate,
account for more than nine-tenths of 1 percent of the total
weight of the processed food;
``(B) if the food would be subject to this paragraph solely
because a genetically engineered vaccine was used at any point
in the production of the food or the lifecycle of its
agricultural inputs; or
``(C) if it is a food or processed food that would be
subject to this paragraph solely because it was produced using
a processing aid (including yeast) or enzyme that was produced
or derived from genetic engineering.
``(3) In the case of a food that is not a food described in
paragraph (4), a producer shall meet the labeling requirement under
this paragraph by inserting either--
``(A) the words `genetically engineered' or the
abbreviation `GE' in parenthesis immediately following the
common or usual name of each genetically engineered ingredient;
``(B) an asterisk next to the common or usual name of each
genetically engineered ingredient with a statement, in a font
size no smaller than the words `Ingredient List', at the bottom
of the ingredient list that denotes that the ingredient or
ingredients are genetically engineered;
``(C) a statement, established by the Secretary of Health
and Human Services, at the bottom of the ingredient list (or if
there is no such ingredient list, on the information panel of
the food) that would disclose that the food is produced or
partially produced with genetic engineering or contains
genetically engineered ingredients; or
``(D) a symbol, established by the Secretary, that would
disclose the presence of a genetically engineered ingredient or
genetically engineered ingredients in the food in a clear and
conspicuous manner.
``(4) In the case of a food or an ingredient of a food that is
produced or derived from genetic engineering and is a raw agricultural
commodity either unpackaged or packaged for retail sale, the producer
complies with labeling regulations established by the Secretary of
Health and Human Services, in consultation with the Secretary of
Agriculture.
``(5) For purposes of this paragraph, whether a food or ingredient
of a food was produced or derived from a genetically engineered plant
variety or animal shall, by itself, constitute information that is
material within the meaning of section 201(n).''.
SEC. 3. REGULATIONS.
(a) Interim Rule.--Not later than December 31, 2016, the Secretary
of Health and Human Services shall issue an interim final rule
regarding the implementation of section 403(z) of the Federal Food,
Drug, and Cosmetic Act, as added by section 2 of this Act.
(b) Proposed Regulations.--Not later than 18 months after the date
of enactment of this Act, the Secretary of Health and Human Services
shall issue proposed regulations to implement section 403(z) of the
Federal Food, Drug, and Cosmetic Act, as added by section 2 of this
Act, which shall--
(1) include definitions of all relevant terms in such
section 403(z);
(2) be based on existing Federal regulations, State law,
and international standards; and
(3) be updated as needed.
(c) Final Regulations.--Not later than 24 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
issue final regulations described in subsection (b).
SEC. 4. FEDERAL PREEMPTION.
(a) In General.--No State or political subdivision of a State shall
impose different or additional requirements to state the presence of
the same genetically engineered food or ingredients covered by this Act
under the laws, regulations, requirements, or standards of such State
or political subdivision of a State.
(b) Scope.--Nothing in this Act, nor any amendment, regulation,
rule, or requirement promulgated pursuant to this Act, shall be
construed to preempt or otherwise affect the authority of a State or
political subdivision of a State to enforce any action taken or
requirement imposed pursuant to the authority of a State, political
subdivision of a State, or local law, regulation, requirement or
standard that otherwise relates to food labeling and is not described
in subsection (a).
(c) No Preemption of Common Law or Statutory Causes of Action.--
Nothing in this Act, nor any amendment, regulation, rule, or
requirement promulgated pursuant to this Act, shall be construed to
preempt, displace, or supplant any State or Federal common law rights
or any State or Federal statute creating a remedy for civil relief,
including those for civil damage, or a penalty for a criminal conduct.
|
Biotechnology Food Labeling Uniformity Act This bill amends the Federal Food, Drug, and Cosmetic Act to require food that contains an ingredient from a genetically modified organism (GMO) to be labeled as genetically engineered. A food is exempt from this requirement if GMO ingredients account for less than 0.9% of the food's weight. A food is not subject to this requirement solely because: (1) a genetically engineered vaccine was used at any point in the production of the food, or (2) it was produced using a processing aid or enzyme that was produced from a GMO. The labeling requirements of this bill preempt state and local labeling requirements.
|
{"src": "billsum_train", "title": "Biotechnology Food Labeling Uniformity Act"}
| 1,210 | 147 | 0.576525 | 1.507504 | 0.721861 | 3.08871 | 8.870968 | 0.879032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Udall-Eisenhower Arctic Wilderness
Act''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--The Congress finds the following:
(1) Americans cherish the continued existence of expansive,
unspoiled wilderness ecosystems and wildlife found on their
public lands, and feel a strong moral responsibility to protect
this wilderness heritage as an enduring resource to bequeath
undisturbed to future generations of Americans.
(2) It is widely believed by ecologists, wildlife
scientists, public land specialists, and other experts that the
wilderness ecosystem centered around and dependent upon the
Arctic coastal plain of the Arctic National Wildlife Refuge,
Alaska, represents the very epitome of a primeval wilderness
ecosystem and constitutes the greatest wilderness area and
diversity of wildlife habitats of its kind in the United
States.
(3) President Dwight D. Eisenhower initiated protection of
the wilderness values of the Arctic coastal plain in 1960 when
he set aside 8,900,000 acres establishing the Arctic National
Wildlife Refuge expressly ``for the purpose of preserving
unique wildlife, wilderness and recreational values''.
(4) In 1980, when the Congress acted to strengthen the
protective management of the Eisenhower-designated area with
the enactment of the Alaska National Interest Lands
Conservation Act (Public Law 96-487), Representative Morris K.
Udall led the effort to more than double the size of the Arctic
National Wildlife Refuge and extend statutory wilderness
protection to most of the original area.
(5) Before the enactment of the Alaska National Interest
Lands Conservation Act, the House of Representatives twice
passed legislation that would have protected the entire
Eisenhower-designated area as wilderness, including the Arctic
coastal plain.
(6) A majority of Americans have supported and continue to
support preserving and protecting the Arctic National Wildlife
Refuge, including the Arctic coastal plain, from any industrial
development and consider oil and gas exploration and
development in particular to be incompatible with the purposes
for which this incomparable wilderness ecosystem has been set
aside.
(7) When the Arctic National Wildlife Refuge was
established in 1980 by paragraph (2) of section 303 of the
Alaska National Interest Lands Conservation Act (Public Law 96-
487; 94 Stat. 2390; 16 U.S.C. 668dd note), subparagraph
(B)(iii) of such paragraph specifically stated that one of the
purposes for which the Arctic National Wildlife Refuge is
established and managed would be to provide the opportunity for
continued subsistence uses by local residents, and, therefore,
the lands designated as wilderness within the Refuge, including
the area designated by this Act, are and will continue to be
managed consistent with such subparagraph.
(8) Canada has taken action to preserve those portions of
the wilderness ecosystem of the Arctic that exist on its side
of the international border and provides strong legal
protection for the habitat of the Porcupine River caribou herd
that migrates annually through both countries to calve on the
Arctic coastal plain.
(9) The extension of full wilderness protection for the
Arctic coastal plain within the Arctic National Wildlife Refuge
will still leave most of the North Slope of Alaska available
for the development of energy resources, which will allow
Alaska to continue to contribute significantly to meeting the
energy needs of the United States without despoiling the unique
Arctic coastal plain of the Arctic National Wildlife Refuge.
(b) Statement of Policy.--The Congress hereby declares that it is
the policy of the United States--
(1) to honor the decades of bipartisan efforts that have
increasingly protected the great wilderness ecosystem of the
Arctic coastal plain;
(2) to sustain this natural treasure for the current
generation of Americans; and
(3) to do everything possible to protect and preserve this
magnificent natural ecosystem so that it may be bequeathed in
its unspoiled natural condition to future generations of
Americans.
SEC. 3. DESIGNATION OF ADDITIONAL WILDERNESS, ARCTIC NATIONAL WILDLIFE
REFUGE, ALASKA.
(a) Inclusion of Arctic Coastal Plain.--In furtherance of the
Wilderness Act (16 U.S.C. 1131 et seq.), an area within the Arctic
National Wildlife Refuge in the State of Alaska comprising
approximately 1,559,538 acres, as generally depicted on a map entitled
``Arctic National Wildlife Refuge--1002 Area Alternative E--Wilderness
Designation'' and dated October 28, 1991, is hereby designated as
wilderness and, therefore, as a component of the National Wilderness
Preservation System. The map referred to in this subsection shall be
available for inspection in the offices of the Secretary of the
Interior.
(b) Administration.--The Secretary of the Interior shall administer
the area designated as wilderness by subsection (a) in accordance with
the Wilderness Act as part of the wilderness area already in existence
within the Arctic National Wildlife Refuge as of the date of the
enactment of this Act.
|
Udall-Eisenhower Arctic Wilderness Act - Designates specified lands within Alaska in the Arctic National Wildlife Refuge (ANWR) as wilderness and components of the National Wilderness Preservation System.
|
{"src": "billsum_train", "title": "To preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, as wilderness in recognition of its extraordinary natural ecosystems and for the permanent good of present and future generations of Americans."}
| 1,071 | 47 | 0.552519 | 1.371728 | 0.649202 | 2.5625 | 30.59375 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mine Subsidence Right To Know Act''.
SEC. 2. PROTECTION OF HOMEBUYERS.
(a) Notice Requirement.--In the case of any federally related
mortgage loan (made after the expiration of the period under section
4(a)) for the purchase of a dwelling located in a mine subsidence
hazard State, the person making the loan shall provide the borrower
notice in accordance with subsection (b) or (c). Such notice shall be
provided orally and in writing, at or before the time of the signing of
the purchase agreement for the property for which the federally related
mortgage loan is made, and shall be evidenced by a statement signed by
the borrower that such oral and written notice has been provided to the
borrower.
(b) Notice of Potential for Hazards.--Notice in accordance with
this subsection is notice--
(1) that the dwelling is located in a mine subsidence
hazard State and, therefore, may be subject to damage from mine
subsidence;
(2) that the borrower can obtain a determination of whether
the dwelling is located in a mine subsidence hazard area from
the Office and how to obtain such a determination; and
(3) that insurance coverage may be purchased to insure the
borrower against loss caused by mine subsidence and where the
borrower may obtain information regarding purchasing such
insurance.
(c) Notice of Determination of Hazards.--Notice in accordance with
this subsection is notice--
(1) that the dwelling is located in a mine subsidence
hazard State and, therefore, may be subject to damage from mine
subsidence;
(2) of the results of a determination by the Office
regarding whether the dwelling is located in a mine subsidence
hazard area, which shall be made by the Office upon the request
of the person making the loan;
(3) that such determination was made by the Office upon the
request of the person making the loan; and
(4) that insurance coverage may be purchased to insure the
borrower against loss caused by mine subsidence and where the
borrower may obtain information regarding purchasing such
insurance.
Any person who makes a federally related mortgage loan and provides
notice in accordance with this subsection shall not be civilly or
criminally liable under any provision of law for any damages resulting
from any mine subsidence affecting the dwelling for which the loan was
made.
(d) Enforcement.--If a person making a federally related mortgage
loan fails to provide notice required under this section, the Federal
banking or financial regulatory agency having supervisory or regulatory
authority with respect to such person may, to require compliance with
this section, take such actions as are authorized by the laws and
regulations providing such supervisory or regulatory authority.
SEC. 3. PROTECTION OF HOMEOWNERS.
(a) Notice.--In the case of the purchase or renewal (occurring
after the expiration of the period under section 4(a)) of any
homeowner's insurance policy for any dwelling located in a mine
subsidence hazard State, the insurer under such policy shall, before
such purchase or renewal, notify the individual making the purchase or
renewal--
(1) of the coverage of such policy of damage from mine
subsidence;
(2) if such policy does not cover mine subsidence, of where
such individual may purchase insurance which does cover losses
caused by mine subsidence; and
(3) that the individual can obtain a determination of
whether the insured property is located in a mine subsidence
hazard area from the Office and how to obtain such a
determination.
(b) Penalty.--If an insurer fails to provide the notice required
under subsection (a), the State insurance agency for the State in which
the dwelling involved is located may, under this subsection, impose on
the insurer such penalties as the State insurance agency may impose on
insurers who fail to comply with requirements applicable in such State
to the offering of insurance.
SEC. 4. IDENTIFICATION OF MINE SUBSIDENCE HAZARD AREAS.
(a) Identification.--Not later than the expiration of the 12-month
period beginning on the date of the enactment of this Act, the Director
of the Office of Surface Mining Reclamation and Enforcement of the
Department of the Interior shall--
(1) identify all areas in each State that, because of
underground coal or clay mining, are subject to significant and
identifiable risk of mine subsidence, based upon the most
recent information available to the Director regarding such
hazards (which shall include any information of the United
States Geological Survey);
(2) certify such areas as mine subsidence hazard areas; and
(3) cause to be published in the Federal Register
information identifying each mine subsidence hazard area.
(b) Review.--
(1) In general.--At the times required under paragraph (2),
the Director shall review the areas that at such time are
certified as mine subsidence hazard areas and determine, based
on the most recent information available to the Director
regarding mine subsidence hazards (which shall include any
information of the United States Geological Survey of the
Department of the Interior), whether the current certification
of areas requires revision. The Director shall revise the
certifications under subsection (a) as necessary pursuant to
each such review and shall cause to be published in the Federal
Register information identifying any changes to such
certifications.
(2) Timing.--The Director shall undertake review and
revision under paragraph (1)--
(A) with respect to all States, not less than once
during every 2-year period (the first such period
beginning upon the expiration of the period under
subsection (a)); and
(B) with respect only to the area for which a
request under this subparagraph is made, upon the
request from any State or unit of general local
government stating that specific mine subsidence
hazards resulting from underground coal or clay mining
in such State or unit require such revision, but only
if the Director determines that the most recent
technical information available to the Director
justifies the request.
SEC. 5. DEFINITIONS.
(1) Director.--The term ``Director'' means the Director of
the Office.
(2) Federally related mortgage loan.--The term ``federally
related mortgage loan'' has the meaning given the term in
section 3 of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2604).
(3) Homeowners insurance.--The term ``homeowners
insurance'' means the homeowners insurance and dwelling fire
and allied lines of business of property and casualty
insurance. Such term does not include any renters coverage or
coverage for the personal property of a condominium owner.
(4) Mine subsidence hazard area.--The term ``mine
subsidence hazard area'' means any area for which a
certification under section 4 by the Director is in effect.
(5) Mine subsidence hazard state.--The term ``mine
subsidence hazard State'' means a State that contains any
portion of any mine subsidence hazard area.
(6) Office.--The term ``Office'' means the Office of
Surface Mining Reclamation and Enforcement of the Department of
the Interior.
(7) Property and casualty insurance.--The term ``property
and casualty insurance'' means insurance against loss of or
damage to property, insurance against loss of income or extra
expense incurred because of loss of or damage to property, and
insurance against third party liability claims caused by
negligence or imposed by statue or contract. Such term does not
include workers' compensation, professional liability, or title
insurance.
(8) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
|
Mine Subsidence Right To Know Act - Requires the lender of any federally related mortgage loan for the purchase of a dwelling located in a mine subsidence hazard State to provide written and oral notice to the borrower contemporaneous with the purchase agreement of: (1) the potential or actual hazards facing the property as a result of its location; (2) the availability or results of Federal determination of potential or actual hazard in the property area; and (3) the availability of insurance protection.
Requires the insurer of a homeowner's insurance policy to timely notify the policyholder of the absence or availability of coverage for mine subsidence damage.
Requires the Director of the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior to: (1) identify, certify, and subsequently publish in the Federal Register all areas in each State that are subject to mine subsidence hazard risk; and (2) periodically review such areas.
|
{"src": "billsum_train", "title": "Mine Subsidence Right To Know Act"}
| 1,702 | 202 | 0.635813 | 1.950176 | 0.898933 | 3.178771 | 8.854749 | 0.888268 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Solid Waste Flow Control
Act of 1993''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Municipal solid waste.--The term ``municipal solid
waste'' means refuse (and refuse-derived fuel) generated by the
general public and from residential, commercial, institutional,
and industrial sources, that consists of paper, wood, yard
wastes, plastics, leather, rubber, and other combustible
materials and noncombustible materials such as metal and glass,
including residue remaining after recyclable materials have
been separated. The term does not include--
(A) any solid waste identified or listed as
hazardous waste under section 3001 of the Solid Waste
Disposal Act (42 U.S.C. 6921);
(B) any solid waste, including contaminated soil
and debris, resulting from a response action taken
under section 104 or 106 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604 or 9606) or a corrective action
taken under such Act;
(C) any separated metal, pipe, glass, plastic,
paper, textile, or other material that has been
separated or otherwise diverted from municipal solid
waste for the purpose of recycling or reclamation; and
(D) any solid waste that is generated by an
industrial facility and transported for the purpose of
containment, storage, or disposal to a facility that is
owned or operated by the generator of the waste, or is
located on property owned by the generator or a company
with which the operator is affiliated.
(2) Recyclable materials.--The term ``recyclable
materials'' means any metal, pipe, glass, plastic, textile, or
other material that has been separated or otherwise diverted
from municipal solid waste for the purpose of reclamation,
manufacture, or reuse.
(3) Waste management facility.--The term ``waste management
facility'' means any facility that collects, stores,
transports, transfers, treats, processes, or disposes of
municipal waste.
SEC. 3. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER MOVEMENT OF
MUNICIPAL SOLID WASTE.
(a) Authority.--Subject to subsection (b), each State and, each
political subdivision with respect to which a State has delegated to a
political subdivision the authority to plan for, and determine methods
to be used for, the collection, disposal, or other means of management
of municipal solid waste generated within, or imported, into, the
boundaries of the political subdivision, is authorized to--
(1) direct, limit, regulate, or prohibit the movement of
municipal solid waste generated within, or imported into, the
boundaries of the State (or political subdivision); and
(2) designate 1 or more waste management facilities to
which municipal solid waste generated within, or imported
within, the State (or political subdivision) shall be
transported.
(b) Limitations.--
(1) In general.--The authority granted to a State or
political subdivision of a State pursuant to subsection (a) may
be exercised by the State or political subdivision of a State
only if both of the following conditions are met:
(A) Recyclable materials will be removed from the
municipal solid waste in accordance with applicable
State municipal waste planning requirements by means of
separation at the source or at 1 or more facilities,
unless the political subdivision in which the municipal
solid waste is generated is exempt from recycling
requirements under an applicable State municipal solid
waste plan.
(B) Each municipal solid waste management facility
to be designated by a State or a political subdivision
of the State is not presently in violation of
applicable Federal and State environmental laws
(including regulations).
(2) Recyclable materials.--No State or political
subdivision of a State may prohibit a person from selling,
conveying, or arranging for the transportation of, recyclable
materials that are owned by the person and that have been
separated from municipal solid waste. A State or political
subdivision of a State may require the person to report the
volume and types of recyclable materials to the State or
political subdivision for the purpose of ensuring compliance
with required recyclable material diversion rates.
|
Municipal Solid Waste Flow Control Act of 1993 - Authorizes a State or a political subdivision to which a State has delegated authority, if conditions under this Act are met, to: (1) direct, limit, regulate, or prohibit the movement of municipal solid waste generated or imported within its boundaries; and (2) designate waste management facilities to which such waste shall be transported. Permits States or political subdivisions to exercise such authorities only if: (1) recyclable materials will be removed from the waste through separation at the source or at facilities unless the political subdivision in which the waste is generated is exempt from recycling requirements; and (2) the designated waste management facilities are not in violation of Federal and State environmental laws and regulations.
Bars States or political subdivisions from prohibiting persons from selling, conveying, or arranging for the transportation of recyclable materials that have been separated from municipal solid waste.
|
{"src": "billsum_train", "title": "Municipal Solid Waste Flow Control Act of 1993"}
| 912 | 188 | 0.656919 | 1.647467 | 0.769156 | 4.435028 | 4.853107 | 0.909605 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Liberian Refugee Immigration
Fairness Act of 2007''.
SEC. 2. ADJUSTMENT OF STATUS.
(a) Adjustment of Status.--
(1) In general.--
(A) Eligibility.--The Secretary of Homeland
Security shall adjust the status of an alien described
in subsection (b) to that of an alien lawfully admitted
for permanent residence, if the alien--
(i) applies for adjustment before April 1,
2009; and
(ii) is otherwise eligible to receive an
immigrant visa and admissible to the United
States for permanent residence, except that, in
determining such admissibility, the grounds for
inadmissibility specified in paragraphs (4),
(5), (6)(A), and (7)(A) of section 212(a) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)) shall not apply.
(B) Ineligible aliens.--An alien shall not be
eligible for adjustment of status under this section if
the Secretary of Homeland Security determines that the
alien has been convicted of--
(i) any aggravated felony (as defined in
section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)); or
(ii) 2 or more crimes involving moral
turpitude.
(2) Relationship of application to certain orders.--
(A) In general.--An alien present in the United
States who has been ordered excluded, deported,
removed, or to depart voluntarily from the United
States under any provision of the Immigration and
Nationality Act may, notwithstanding such order, apply
for adjustment of status under paragraph (1) if
otherwise qualified under that paragraph.
(B) Separate motion not required.--An alien
described in subparagraph (A) may not be required, as a
condition of submitting or granting such application,
to file a separate motion to reopen, reconsider, or
vacate the order described in subparagraph (A).
(C) Effect of decision by secretary.--If the
Secretary of Homeland Security grants an application
under paragraph (1), the Secretary shall cancel the
order. If the Secretary of Homeland Security makes a
final decision to deny the application, the order shall
be effective and enforceable to the same extent as if
the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided under subsection (a)
shall apply to any alien--
(A) who is--
(i) a national of Liberia; and
(ii) has been continuously present in the
United States from January 1, 2007, through the
date of application under subsection (a); or
(B) who is the spouse, child, or unmarried son or
daughter of an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical
presence referred to in paragraph (1), an alien shall not be
considered to have failed to maintain continuous physical
presence by reasons of an absence, or absences, from the United
States for any period or periods amounting in the aggregate to
not more than 180 days.
(c) Stay of Removal.--
(1) In general.--The Secretary of Homeland Security shall
provide by regulation for an alien who is subject to a final
order of deportation or removal or exclusion to seek a stay of
such order based on the filing of an application under
subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision in the Immigration and Nationality Act, the Secretary
of Homeland Security shall not order an alien to be removed
from the United States if the alien is in exclusion,
deportation, or removal proceedings under any provision of such
Act and has applied for adjustment of status under subsection
(a), except where the Secretary of Homeland Security has made a
final determination to deny the application.
(3) Work authorization.--
(A) In general.--The Secretary of Homeland Security
may authorize an alien who has applied for adjustment
of status under subsection (a) to engage in employment
in the United States during the pendency of such
application and may provide the alien with an
``employment authorized'' endorsement or other
appropriate document signifying authorization of
employment.
(B) Pending applications.--If an application under
subsection (a) is pending for a period exceeding 180
days and has not been denied, the Secretary of Homeland
Security shall authorize such employment.
(d) Record of Permanent Residence.--Upon approval of an alien's
application for adjustment of status under subsection (a), the
Secretary of Homeland Security shall establish a record of the alien's
admission for permanent record as of the date of the alien's arrival in
the United States.
(e) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
(f) Limitation on Judicial Review.--A determination by the
Secretary of Homeland Security as to whether the status of any alien
should be adjusted under this section is final and shall not be subject
to review by any court.
(g) No Offset in Number of Visas Available.--If an alien is granted
the status of having been lawfully admitted for permanent residence
pursuant to this section, the Secretary of State shall not be required
to reduce the number of immigrant visas authorized to be issued under
any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
(1) Definitions.--Except as otherwise specifically provided
in this Act, the definitions contained in the Immigration and
Nationality Act shall apply in this section.
(2) Savings provision.--Nothing in this Act shall be
construed to repeal, amend, alter, modify, effect, or restrict
the powers, duties, function, or authority of the Secretary of
Homeland Security in the administration and enforcement of the
Immigration and Nationality Act or any other law relating to
immigration, nationality, or naturalization.
(3) Effect of eligibility for adjustment of status.--
Eligibility to be granted the status of having been lawfully
admitted for permanent residence under this section shall not
preclude an alien from seeking any status under any other
provision of law for which the alien may otherwise be eligible.
|
Liberian Refugee Immigration Fairness Act of 2007 - Provides for the permanent resident status adjustment of certain Liberian nationals.
|
{"src": "billsum_train", "title": "A bill to provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residence."}
| 1,457 | 30 | 0.49588 | 1.182933 | 0.671048 | 1.8 | 66.55 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tinnitus Research for Military
Health Improvement Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Tinnitus, or the perception of sound where no external
source of such sound exists, is the most prevalent disabling
condition that affects members of the Armed Forces, most
notably those members who have been exposed to blast injuries
during combat, or other high noise level situations.
(2) Tinnitus is the leading service-connected disability
for returning members of the Armed Forces and the prevalence of
tinnitus is continuing to increase at alarming rates.
(3) An otologic, or ear, injury such as tinnitus has been
shown to decrease performance and situational awareness during
combat, seriously compromising the ability of a member of the
Armed Forces to hear and execute commands properly, thereby
jeopardizing not only the affected member but other members as
well.
(4) While certain types of sensory impairment in combat or
other military activities may be readily apparent, otologic
injuries such as tinnitus may not be easily noticeable, which
necessitates the need for more rigorous screening for tinnitus
before and after deployment, and for additional research to
distinguish tinnitus from other forms of brain injury incurred
during combat.
(5) Medical evidence to date suggests a demonstrated link
between tinnitus and post-traumatic stress disorder and
traumatic brain injury, such that improved understanding of
treatment of tinnitus may also directly advance research
efforts to address post-traumatic stress disorder and traumatic
brain injury.
(6) Improving the treatment and prevention of tinnitus will
benefit all members of the Armed Forces who are increasingly at
risk of injury from high-decibel equipment or explosive
devices.
SEC. 3. CENTER OF EXCELLENCE FOR THE STUDY OF TINNITUS.
(a) Establishment.--
(1) In general.--The Secretary of Defense shall establish
one or more Centers of Excellence (in this section referred to
as a ``center'') for the study of tinnitus.
(2) Location.--The Secretary shall establish a center at a
military installation in the United States where members of the
Armed Forces perform activities involving high rates of sound,
including artillery instruction and other basic combat training
related activities.
(b) Responsibilities.--A center shall have the responsibilities as
follows:
(1) To study and enhance existing treatment modalities for
members of the Armed Forces with tinnitus, including diagnosed
cases of recurrent, chronic, or severe tinnitus.
(2) To conduct basic and clinical research to prevent,
treat, and cure tinnitus, including studies on the neurological
changes in the brain associated with tinnitus.
(3) To coordinate research activities with the Defense
Centers of Excellence for Psychological Health and Traumatic
Brain Injury in order to establish a tinnitus data registry for
members of the Armed Forces affected with tinnitus and other
neurological conditions that will enhance scientific progress
toward improvements in treatment for tinnitus and associated
neurological combat related conditions.
(c) Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Defense shall submit to Congress a report on the activities of the
center.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2011 through 2016.
SEC. 4. AURAL SCREENINGS FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Paragraph (2) of section 1074f(b) of title 10,
United States Code, is amended by adding at the end the following new
subparagraph:
``(D) An aural screening, including an assessment of
tinnitus.''.
(b) Effective Date.--Section 1074f(b)(2) of title 10, United States
Code, as added by subsection (a) of this section, shall apply to
members of the Armed Forces who are deployed or return from deployment
on or after the date that is 30 days after the date of the enactment of
this Act.
SEC. 5. GRANT PROGRAM TO ENCOURAGE TINNITUS RESEARCH.
(a) In General.--Subject to the availability of appropriations
provided for such purpose, the Secretary of Defense shall establish a
program to award grants to institutions to assist such institutions in
conducting research on recurrent, chronic, or severe tinnitus and
peripheral neurological conditions, including research related to
neurology, pharmacology, audiology, otolaryngology, and other
disciplines that the Secretary determines appropriate according to
newly discovered evidence-based findings.
(b) Eligibility.--
(1) Teaching program.--An institution eligible to receive a
grant under this section is--
(A) a hospital with a teaching program described in
section 1861(b)(6) of the Social Security Act (42
U.S.C. 1395x); or
(B) an educational institution with demonstrated
expertise in tinnitus research.
(2) Application.--To be eligible to receive a grant under
this section, an institution shall submit an application to the
Secretary of Defense at such time, in such manner, and
containing such information as the Secretary may require. The
Secretary shall ensure that such applications are peer-reviewed
by multidisciplinary tinnitus experts from both the public and
private sector.
(c) Grant Amount.--An institution awarded a grant under this
section may not receive more than $2,500,000 per fiscal year under this
section.
(d) Reports.--Not later than December 31 of each year a grant may
be awarded under this section, the Secretary of Defense shall submit to
Congress a report on the grant program, including a summary of the
research related to tinnitus conducted by each grant recipient.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2011 through 2016.
SEC. 6. IMPROVING AURAL PROTECTION FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall examine methods to
improve the aural protection for members of the Armed Forces in combat.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the methods to improve aural protection examined under subsection
(a).
SEC. 7. EXECUTIVE AGENT FOR TINNITUS.
(a) Executive Agent.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall designate a
senior official of the Department of Defense to act as the executive
agent for tinnitus.
(b) Roles, Responsibilities, and Authorities.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and in accordance with Directive
5101.1, the Secretary of Defense shall prescribe the roles,
responsibilities, and authorities of the executive agent
designated under subsection (a).
(2) Specification.--The roles and responsibilities of the
executive agent designated under subsection (a) shall include
coordinating common functions related to tinnitus among the
military departments.
(c) Support.--In accordance with Directive 5101.1, the Secretary of
Defense shall ensure that the military departments, Defense Agencies,
and other components of the Department of Defense provide the executive
agent designated under subsection (a) with the appropriate support and
resources needed to perform the roles, responsibilities, and
authorities of the executive agent.
(d) Definitions.--In this section:
(1) The term ``Directive 5101.1'' means Department of
Defense Directive 5101.1, or any successor directive relating
to the responsibilities of an executive agent of the Department
of Defense.
(2) The term ``executive agent'' has the meaning given the
term ``DoD Executive Agent'' in Directive 5101.1.
|
Tinnitus Research for Military Health Improvement Act - Directs the Secretary of Defense (DOD) to establish one or more centers of excellence for the study of tinnitus. Requires such centers to be established at military installations where members of the Armed Forces perform activities involving high rates of sound, including artillery instruction. Outlines center activities, including researching and enhancing treatments for members with tinnitus.
Requires the inclusion, within a current medical tracking system for members deployed overseas, of an aural screening which shall include an assessment of tinnitus.
Directs the Secretary to establish a grant program to assist eligible institutions in conducting research on recurrent, chronic, or severe tinnitus and peripheral neurological conditions. Makes eligible for such grants: (1) a hospital with an approved teaching program as defined under the Social Security Act; or (2) an educational institution with demonstrated expertise in tinnitus research.
Requires the Secretary to designate a senior DOD official to act as the executive agent for tinnitus.
|
{"src": "billsum_train", "title": "To direct the Secretary of Defense to establish a center of excellence for the study of tinnitus, and for other purposes."}
| 1,850 | 243 | 0.659671 | 1.961267 | 0.868849 | 3.448649 | 8.378378 | 0.897297 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telephone Consumer Slamming
Prevention Act of 1997''.
SEC. 2. LONG DISTANCE SLAMMING PROHIBITION.
Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is
amended--
(1) in the first sentence of subsection (a), by inserting
``the requirements of this section and'' after ``in accordance
with''; and
(2) by adding at the end the following new subsections:
``(c) Verification Procedures Required With Respect to Subscriber
Selections of Interstate Carrier.--
``(1) Written carrier selections required.--No
telecommunications carrier shall submit or execute a change in
a subscriber's selection of a provider of interstate telephone
service unless the carrier to which the subscriber will be
changed (or such carrier's agent) has obtained from the
subscriber a written change authorization that--
``(A) clearly and simply describes the nature of
the subscription change;
``(B) is signed and dated by the subscriber;
``(C) is solicited in accordance with the
requirements of paragraph (2); and
``(D) is in a form (including typeface and language
used) that is prescribed or approved by the Commission.
``(2) Solicitation procedures.--A written change
authorization shall--
``(A) not (i) be a part of, or attached to, any
other document, (ii) be included together with any
billing for telephone service, (iii) contain any
promotional offer or inducement; or (iv) represent that
endorsement entitles the subscriber to any benefit
other than the change in carrier selection; and
``(B) be provided to the subscriber in duplicate,
and permit the subscriber to retain the duplicate.
``(d) Liability to Subscribers for Unauthorized Changes of
Interstate Telephone Service.--Any telecommunications carrier that
violates the requirements of subsection (c) shall be liable to the
subscriber in an amount equal to the sum of the following charges:
``(1) Switching fees.--Any fees imposed for changing the
subscriber's service to or from the unauthorized carrier.
``(2) Long distance charges.--Any charges for interstate
telephone service used by the subscriber during the period that
begins upon the occurrence of the unauthorized change in
service that constituted the violation and ends upon the
earlier of (A) the date that the service of the subscriber is
changed from the unauthorized carrier pursuant to a valid
change authorization under subsection (c), or (B) the expiration of the
6-month period beginning on the date of the unauthorized change in
service.
``(e) Administration of Slamming Complaint System.--
``(1) State option to administer.--
``(A) In general.--If a State has made a
certification under subparagraph (B) to the Commission
(and has not thereafter terminated the effectiveness of
such certification), the State commission for such
State shall administer a slamming complaint system for
subscribers of interstate telephone service in such
State that meets the requirements pursuant to
subsection (f).
``(B) Certification requirements.--A certification
under this subparagraph for a State is a certification
by the State commission for the State , submitted to
the Commission in the form and manner prescribed by the
Commission, that the State commission has established
and will maintain a slamming complaint system for the
State that meets the requirements pursuant to
subsection (f). A certification shall be effective for
purposes of this subsection upon submission to the
Commission, notwithstanding any review or approval by
the Commission. The Commission may prescribe the form
and manner for States to terminate the effectiveness of
such certifications.
``(2) Administration by commission.--The Commission shall,
for each State not described in paragraph (1)(A), maintain and
administer a slamming complaint system for subscribers of
interstate telephone service in such State that meets the
requirements pursuant to subsection (f).
``(f) Slamming Complaint System Requirements.--A slamming complaint
system for a State meets the requirements pursuant to this subsection
if the system--
``(1) makes available a procedure for any subscriber of
interstate telephone service in such State to register a
complaint that the subscriber's selection of a provider of such
service has been changed without the written authorization of
the subscriber required under subsection (c), and maintains a
record of such complaint;
``(2) with respect to each such complaint, provides for the
determination (in such manner as the Commission shall provide)
of whether a violation of the requirement under subsection (c)
occurred and of liability under subsection (d);
``(3) maintains a record of each determination of a
violation of the requirement under subsection (c) involving a
subscriber of interstate telephone service in the State,
including the telecommunications carrier to which interstate
telephone service was illegally changed;
``(4) on a monthly basis--
``(A) determines, for each telecommunications
carrier providing interstate telephone service within
the State, the number of such violations determined to
have occurred involving the illegal change of service
to such carrier; and
``(B) in the case only of a system administered by
a State commission pursuant to subsection (e)(1),
provides the information under subparagraph (A) to the
Commission; and
``(5) complies with any regulations as the Commission may
prescribe to carry out this subsection.
``(g) Notice to Subscribers of Availability of Slamming Complaint
System.--The Commission shall require each telecommunications carrier
providing interstate telephone service (or the billing agent for such
carrier) to include, in each subscriber's phone bill for such service,
a statement--
``(1) informing the subscriber that a complaint regarding
an unauthorized change in the subscriber's selection of a
provider of such service may be registered under the applicable
slamming complaint system for the State of the subscriber;
``(2) providing a phone number for contacting such slamming
complaint system; and
``(3) providing the location of the carrier's principal
office (including the street address, city, State or province
(or other region), country, and zip or postal code).
``(h) Performance Limits.--
``(1) Establishment by commission.--Not later than one year
after the date of enactment of this subsection, the Commission
shall conduct a study of the number and rates of incidence of
changes in subscribers' selections of providers of interstate
telephone service occurring without the authorization of the
subscriber. Pursuant to the study, the Commission shall
establish performance limits that are the maximum acceptable
rates of unauthorized changes. The Commission may, from time to
time, review and adjust the performance limits established under this
paragraph.
``(2) Comparison of number of violations to performance
limits.--After the establishment of the performance limits
under paragraph (1), the Commission shall compare the
information for each month for each telecommunications carrier
providing interstate telephone service within each State that
is submitted by State commissions (pursuant to subsection
(f)(4)(B)) and collected by the Commission (pursuant to
subsection (f)(4)(A) for States to which subsection (e)(2)
applies) to the applicable performance limit established under
paragraph (1).
``(i) Forfeiture Penalty for Exceeding Performance Limit.--
``(1) In general.--If the Commission determines that, for
any month, for any single telecommunications carrier, the
number of violations of the requirements under subsection (c)
determined to have occurred which involve changing the
interstate telephone service of subscribers of interstate
telephone service in a State to such carrier exceeds the
applicable performance limit for such State established under
subsection (h)(1), such carrier shall be considered to have
willfully failed to comply with this Act and shall be liable to
the United States for a forfeiture penalty under section
503(b)(1)(B).
``(2) Considerations in determining amount of penalty.--In
taking into account the extent and gravity of a violation under
paragraph (1) for purposes of determining the amount of the
forfeiture penalty pursuant to section 503(b)(2)(D), the
Commission shall consider--
``(A) the number of violations of the requirements
of subsection (c) determined to have occurred in excess
of the number of violations necessary to exceed the
applicable performance limit; and
``(B) the ratio of the number of violations
determined to have occurred to the number of violations
necessary to exceed the applicable performance limit.
``(j) Effect on Other Law.--
``(1) Consumer protection laws.--Nothing in this section
shall relieve any telecommunications carrier, local exchange
carrier, or any other person from the obligation to comply with
any Federal, State, or local statute or regulation relating to
consumer protection or unfair trade.
``(2) State authority.--Nothing in this section shall
preclude any State from enacting and enforcing additional and
complementary oversight and regulatory systems or procedures,
or both, so long as such systems and procedures do not
significantly impede the enforcement of this section or other
Federal statutes.''.
SEC. 3. LIMITATION OF EXISTING SLAMMING LIABILITY PROVISION TO
INTRASTATE SERVICE.
Section 258(b) of the Communications Act of 1934 (47 U.S.C. 258(b))
is amended by striking ``described in subsection (a)'' and inserting
``prescribed pursuant to subsection (a) for changing a subscriber's
selection of a provider of intrastate telephone service'' after
``subsection (a)''.
SEC. 4. EFFECTIVE DATE AND REGULATIONS.
(a) Effective Date.--The amendments made by this Act shall take
effect upon the expiration of the 12-month period beginning on the date
of the enactment of this Act.
(b) Regulations.--The Commission shall prescribe such regulations
as may be necessary to carry out the amendments made by this Act, which
shall include prescribing a standard form for written change
authorizations that meets the requirements of section 258(c) of the
Communications Act of 1934 (as added by section 2 of this Act) for use
for such purpose. Such final regulations shall be issued and shall take
effect not later than the effective date under subsection (a).
|
Telephone Consumer Slamming Prevention Act of 1997 - Amends the Communications Act of 1934 to prohibit telecommunications carriers from submitting or executing a change in a subscriber's selection of an interstate telephone service provider unless the carrier to which the subscriber will be changed has obtained a written change authorization from the subscriber.
Makes carriers that violate such requirement liable for fees imposed for changing service to or from the unauthorized carrier and long distance charges incurred by the subscriber during a specified period of unauthorized service.
Sets forth conditions under which States may administer a slamming complaint system for subscribers of interstate telephone service. Requires the Federal Communications Commission (FCC) to administer such systems for States that fail to do so. Requires such systems to: (1) make available procedures for registering and maintaining records of complaints by subscribers of unauthorized changes of service; (2) make determinations and maintain records of violations and liability; (3) determine, on a monthly basis, the number of violations involving illegal changes of service for each carrier and provide such information to the FCC; and (4) comply with FCC regulations.
Directs carriers providing interstate telephone service to include information on the slamming complaint system in phone bills.
Requires the FCC to establish performance limits that are the maximum acceptable rates of unauthorized service changes. Makes carriers that exceed such limits liable for forfeiture penalties.
Applies existing slamming liability provisions only to intrastate service changes.
|
{"src": "billsum_train", "title": "Telephone Consumer Slamming Prevention Act of 1997"}
| 2,320 | 327 | 0.609771 | 1.742304 | 0.870202 | 2.556777 | 7.70696 | 0.857143 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Tax Return Due
Date Simplification and Modernization Act of 2013''.
(b) Reference.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Internal
Revenue Code of 1986.
SEC. 2. NEW DUE DATE FOR PARTNERSHIP FORM 1065, S CORPORATION FORM
1120S, AND C CORPORATION FORM 1120.
(a) Partnerships.--
(1) In general.--Section 6072 is amended by adding at the
end the following new subsection:
``(f) Returns of Partnerships.--Returns of partnerships under
section 6031 made on the basis of the calendar year shall be filed on
or before the 15th day of March following the close of the calendar
year, and such returns made on the basis of a fiscal year shall be
filed on or before the 15th day of the third month following the close
of the fiscal year.''.
(2) Conforming amendment.--Section 6072(a) is amended by
striking ``6017, or 6031'' and inserting ``or 6017''.
(b) S Corporations.--
(1) In general.--So much of subsection (b) of section 6072
as precedes the second sentence thereof is amended to read as
follows:
``(b) Returns of Certain Corporations.--Returns of S corporations
under sections 6012 and 6037 made on the basis of the calendar year
shall be filed on or before the 31st day of March following the close
of the calendar year, and such returns made on the basis of a fiscal
year shall be filed on or before the last day of the third month
following the close of the fiscal year.''.
(2) Conforming amendments.--
(A) Section 1362(b) is amended--
(i) by striking ``15th'' each place it
appears and inserting ``last'',
(ii) by striking ``2\1/2\'' each place it
appears and inserting ``3'', and
(iii) by striking ``2 months and 15 days''
in paragraph (4) and inserting ``3 months''.
(B) Section 1362(d)(1)(C)(i) is amended by striking
``15th'' and inserting ``last''.
(C) Section 1362(d)(1)(C)(ii) is amended by
striking ``such 15th day'' and inserting ``the last day
of the 3d month thereof''.
(c) Conforming Amendments Relating to C Corporations.--
(1) Section 170(a)(2)(B) is amended by striking ``third
month'' and inserting ``4th month''.
(2) Section 563 is amended by striking ``third month'' each
place it appears and inserting ``4th month''.
(3) Section 1354(d)(1)(B)(i) is amended by striking ``3d
month'' and inserting ``4th month''.
(4) Subsection (a) and (c) of section 6167 are each amended
by striking ``third month'' and inserting ``4th month''.
(5) Section 6425(a)(1) is amended by striking ``third
month'' and inserting ``4th month''.
(6) Subsections (b)(2)(A), (g)(3), and (h)(1) of section
6655 are each amended by striking ``3rd month'' and inserting
``4th month''.
(d) Effective Date.--The amendments made by this section shall
apply to returns for taxable years beginning after December 31, 2013.
SEC. 3. MODIFICATION OF DUE DATES BY REGULATION.
In the case of returns for taxable years beginning after December
31, 2013, the Secretary of the Treasury or the Secretary's delegate
shall modify appropriate regulations to provide as follows:
(1) The maximum extension for the returns of partnerships
filing Form 1065 shall be a 6-month period ending after the
date prescribed for filing the return.
(2) The maximum extension for the returns of trusts and
estates filing Form 1041 shall be a 5\1/2\-month period ending
after the date prescribed for filing the return.
(3) The maximum extension for the returns of employee
benefit plans filing Form 5500 shall be an automatic 3\1/2\-
month period ending after the date prescribed for filing the
return.
(4) The maximum extension for the Forms 990 (series)
returns of organizations exempt from income tax filing shall be
an automatic 6-month period ending after the date prescribed
for filing the return.
(5) The maximum extension for the returns of organizations
exempt from income tax filing that are required to file Form
4720 returns of excise taxes shall be an automatic 6-month
period ending after the date prescribed for filing the return.
(6) The maximum extension for the returns of trusts
required to file Form 5227 shall be an automatic 6-month period
ending after the date prescribed for filing the return.
(7) The maximum extension for the returns of Black Lung
Benefit Trusts required to file Form 6069 for excise taxes
shall be an automatic 6- month period ending after the date
prescribed for filing the return.
(8) The maximum extension for a taxpayer required to file
Form 8870 shall be an automatic 6-month period ending after the
date prescribed for filing the return.
(9) The due date of Form 3520-A, Annual Information Return
of a Foreign Trust with a U.S. Owner, shall be the 15th day of
the fourth month after the close of the trust's tax year with a
maximum extension of a 6-month period ending after the date
prescribed for filing the return.
(10) The due date of Form TD F 90-22.1 (relating to Report
of Foreign Bank and Financial Accounts) shall be April 15 with
a maximum extension for a 6-month period ending on October 15
and with provision for an extension under rules similar to the
rules in Treas. Reg. section 1.6081-5. For any taxpayer
required to file such Form for the first time, any penalty for
failure to timely request for, or file, an extension, may be
waived by the Secretary.
(11) Taxpayers filing Form 3520, Annual Return to Report
Transactions with Foreign Trusts and Receipt of Certain Foreign
Gifts, shall be allowed to extend Form 3520 separately from the
income tax return of the owner for an automatic 6-month period
ending after the date prescribed for filing the owner's return.
SEC. 4. CORPORATIONS PERMITTED STATUTORY AUTOMATIC 6-MONTH EXTENSION OF
INCOME TAX RETURNS.
(a) In General.--Section 6081(b) is amended by striking ``3
months'' and inserting ``6 months''.
(b) Effective Date.--The amendment made by this section shall apply
to returns for taxable years beginning after December 31, 2013.
|
Tax Return Due Date Simplification and Modernization Act of 2013 - Amends the Internal Revenue Code to change tax return due dates for partnerships (from April 15 to March 15, with a six-month extension), S corporations (from March 15 to March 31), and C corporations (from March 15 to April 15). Requires the Secretary of the Treasury, for taxable years beginning after December 31, 2013, to modify by regulation the due dates for extensions of tax returns for partnerships, trusts and estates, employee benefit plans, tax-exempt organizations, and certain trust funds. Sets a due date of April 15 for the annual information return of a foreign trust with a U.S. owner and for the report of foreign bank and financial accounts (with extensions until October 15). Extends the automatic extension for corporation income tax returns from three to six months.
|
{"src": "billsum_train", "title": "Tax Return Due Date Simplification and Modernization Act of 2013"}
| 1,597 | 183 | 0.508442 | 1.327871 | 0.663899 | 2.722892 | 8.439759 | 0.927711 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neighborhood Security Act''.
SEC. 2. PURPOSES.
It is the purpose of this Act to provide for the establishment of
demonstration projects designed to determine the effectiveness of--
(1) certain activities by community residents in
coordination with the local police department in preventing and
removing violent crime and drug trafficking from the community;
(2) such activities in increasing economic development in
the community; and
(3) such activities in preventing or ending retaliation by
perpetrators of crime against community residents engaged in
these activities.
SEC. 3. DEMONSTRATION GRANT AUTHORITY.
(a) Demonstration Authority.--Not later than 16 months after the
date of enactment of this Act, the Secretary shall award grants under
this Act. Grants shall be awarded annually under this section and shall
be for a period of 4 years.
(b) Limitation on Grant Amounts.--The amount of each grant awarded
under this Act shall not be less than $25,000 nor more than $100,000.
(c) Reduction in Amount.--Amounts provided under a grant awarded
under this Act for a fiscal year shall be reduced in proportion to any
reduction in the amounts appropriated under this Act for such fiscal
year as compared to the amounts appropriated for the prior fiscal year.
(d) Unused Portion of Grant Funds.--Any unused portion of a grant
awarded under this section shall, upon the termination of such grant,
be transferred to the Secretary for redistribution in the subsequent
fiscal year or for repayment to the Department of the Treasury.
SEC. 4. APPLICATION.
(a) Submission.--To be eligible to receive a grant under section 3,
a qualified entity shall, not later than 12 months after the date of
enactment of this Act, submit to the Secretary an application to
conduct a demonstration project under this Act.
(b) Content.--An application submitted under subsection (a) shall
be in such form and contain such information as the Secretary shall
require, including--
(1) an agreement with the local police department to
coordinate and assist in the prevention and removal of violent
crime and drug trafficking from the target community;
(2) a plan detailing the nature and extent of coordination
and assistance to be provided by the local police department,
project participants, and the applicant; and
(3) a description of the strategy of the community for the
physical and economic development of the community.
(c) Criteria.--In considering whether to approve an application
submitted under this section, the Secretary shall consider--
(1) the degree to which the project described in the
application will support existing community economic
development activities by preventing and removing violent crime
and drug trafficking from the community;
(2) the demonstrated record of project participants with
respect to economic and community development activities;
(3) the ability of the applicant to responsibly administer
the project;
(4) the ability of the applicant to assist and coordinate
with project participants to achieve economic development and
prevent and remove violent crime and drug trafficking in the
community;
(5) the adequacy of the plan to assist and coordinate with
the local police department in preventing and removing violent
crime and drug trafficking in the community;
(6) the consistency of the application with the eligible
activities and the uses for the grant under this Act;
(7) the aggregate amount of funds from non-Federal (public
and private sector) sources that are formally committed to the
project;
(8) the adequacy of the plan for providing information
relevant to an evaluation of the project to the independent
research organization; and
(9) such other factors as may be determined appropriate by
the Secretary.
(d) Preferences.--In considering an application submitted under
this section, the Secretary shall give preference to an applicant that
demonstrates a commitment to work with project participants and a local
police department in a community with--
(1) an enterprise zone or enterprise community designation
or an area established pursuant to any consolidated planning
process for use of Federal housing and community development
funds;
(2) significant rates of violent crime and drug
trafficking, as determined by the Secretary; and
(3) at least one non-profit community development
corporation or similar organization that is willing to and
capable of increasing economic development.
(e) Approval.--Not later than 15 months after the date of enactment
of this Act, the Secretary shall, on competitive basis, approve or
disapprove of the applications submitted under this section.
SEC. 5. ELIGIBLE ACTIVITIES.
(a) Activities.--Amounts provided under a grant awarded under this
Act shall be used for the following activities:
(1) Citizen patrols by car or by foot intended to prevent
violent crime and eradicate open market or street sales of
controlled substances.
(2) Block watch activities, including identification of
property for purposes of retrieving stolen goods, camera
surveillance to identify drug traffickers and their customers,
protection of evidence to ensure evidence is not lost or
destroyed prior to police arrival, and computer linkages among
organizations and the police to identify hot spots and speed
the dissemination of information.
(3) Property modification programs, including securing
buildings and residences to prevent burglary, and structural
changes, such as the construction of fences, to parks or
buildings to prevent drug sales or other criminal activity in
those areas.
(4) Squatter eviction programs aimed at notifying public
authorities of trespassers in abandoned buildings used as crack
houses or heroin shooting galleries and increasing efforts to
remove such squatters.
(5) Expansion of community liaisons with the police,
including expanding the community's role in community policing
activities.
(6) Developing and expanding programs to prevent or end
retaliation by perpetrators of crime against project
participants.
(7) Other activities consistent with the purposes of this
Act.
(b) Additional Activities.--Amounts provided under a grant awarded
under this Act may be used for additional activities in support of the
activities described in subsection (a), including--
(1) the purchase of equipment or supplies, including
cameras, video cameras, walkie-talkies, and computers;
(2) the training of project participants; and
(3) the hiring of staff for grantees or project participant
organizations to assist in coordinating activities among
project participants and with the local police department.
SEC. 6. LOCAL CONTROL OVER PROJECTS.
Except as provided in regulations promulgated under the succeeding
sentence, each organization authorized to conduct a demonstration
project under this Act shall have exclusive authority over the
administration of the project. The Secretary may prescribe such
regulations with respect to such demonstration projects as are
expressly authorized or as are necessary to ensure compliance with
approved applications and this Act.
SEC. 7. MONITORING OF GRANTEES.
(a) In General.--The Secretary shall monitor grantees to ensure
that the projects conducted under the grants are being carried out in
accordance with this Act. Each grantee, and each entity which has
received funds from a grant made under this Act, shall make appropriate
books, documents, papers, and records available to the Secretary for
examination, copying, or mechanical reproduction on or off the premises
of the entity upon a reasonable request therefore.
(b) Withholding, Termination or Recapture.--The Secretary shall,
after adequate notice and an opportunity for a hearing, withhold,
terminate, or recapture any funds due, or provided to and unused by, an
entity under a grant awarded under this Act if the Secretary determines
that such entity has not used any such amounts in accordance with the
requirements of this Act. The Secretary shall withhold, terminate, or
recapture such funds until the Secretary determines that the reason for
the withholding, termination, or recapture has been removed and there
is reasonable assurance that it will not recur.
(c) Complaints.--The Secretary shall respond in an expeditious
manner to complaints of a substantial or serious nature that an entity
has failed to use funds provided under this Act in accordance with the
requirements of this Act.
SEC. 8. REPORTS AND AUDITS.
(a) Reports.--Not later than 3 months after the termination of a
grant under this Act, the grantee shall prepare and submit to the
Secretary a report containing such information as may be required by
the Secretary.
(b) Audits.--The Secretary shall annually audit the expenditures of
each grantee under this Act from payments received under grants awarded
under this Act. Such audits shall be conducted by an entity independent
of any agency administering a program funded under this Act and, in so
far as practical, in accordance with the Comptroller General's
standards for auditing governmental organizations, programs,
activities, and functions.
SEC. 9. EVALUATIONS.
(a) In General.--Not later than 16 months after the date of
enactment of this Act, the Secretary shall enter into a contract with
an independent research organization under which such organization, in
accordance with this section, conducts an evaluation of the
demonstration projects, individually and as a group, conducted under
this Act.
(b) Research Questions.--In evaluating a demonstration project
conducted under this Act, the organization described in subsection (a)
shall address the following:
(1) What activities and uses most effectively involve
project participants in the activities and uses under this Act
(with effectiveness measured, for example, by duration of
participation, frequency of participation, and intensity of
participation).
(2) What activities and uses are most effective in
preventing or removing violent crime and drug trafficking from
a target community.
(3) What activities and uses are most effective in
supporting or promoting economic development in a target
community.
(4) What activities and uses are most effective in
increasing coordination and assistance between project
participants and with the local police department.
(5) What activities and uses are most effective in
preventing or ending retaliation by perpetrators of crime
against project participants.
(c) Funding.--Of the funds appropriated under this Act, the
Secretary shall set aside not less than 1 percent and not more than 3
percent for the evaluations required under this section.
(d) Report to Congress.--Not later than 6 months after the date on
which the last grant under this Act terminates, the Secretary shall
prepare and submit to the appropriate committees of the Congress a
summary of each evaluation conducted under this section.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$10,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.
SEC. 11. DEFINITIONS.
As used in this Act:
(1) Community.--The term ``community'' means a contiguous
geographic area within a large urban district or encompassing a
small urban or other nonurban area.
(2) Drug trafficking.--The term ``drug trafficking'' means
any offense that could be prosecuted under the Controlled
Substances Act (21 U.S.C. 801, et seq.).
(3) Economic development.--The term ``economic
development'' means revitalization and development activities,
including business, commercial, housing, and employment
activities, that benefit a community and its residents.
(4) Grantee.--The term ``grantee'' means a qualified entity
that receives a grant under this Act.
(5) Project participant.--The term ``project participant''
means any individual or private-sector group in a community
participating in any of the activities established under a
demonstration grant under this Act.
(6) Qualified entity.--The term ``qualified entity'' means
a non-profit organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
the Internal Revenue Code of 1986.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(8) Violent crime.--The term ``violent crime'' has the same
meaning as the term ``crime of violence'' in title 18 of the
United States Code.
|
Neighborhood Security Act - Directs the Secretary of Health and Human Services to award grants to qualified entities for the establishment of demonstration projects designed to determine the effectiveness of certain activities by community residents in coordination with local police in preventing and removing violent crime and drug trafficking from the community, increasing economic development in the community, and preventing or ending retaliation by perpetrators of crime against community residents.
Sets forth provisions regarding: (1) the period of grant awards; (2) limits on grant amounts; (3) reductions in awards; and (4) redistribution of any unused portion of grant funds.
Establishes application requirements, including: (1) an agreement with the local police department to coordinate and assist in the prevention and removal of violent crime and drug trafficking in the target community; (2) a plan detailing the nature and extent of coordination and assistance to be provided by such department, project participants, and the applicant; and (3) a description of the strategy of the community for the physical and economic development of the community.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "Neighborhood Security Act"}
| 2,626 | 219 | 0.685741 | 1.810556 | 1.000931 | 5.62201 | 11.688995 | 0.933014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent and Trademark Office
Authorization Act of 1993''.
SEC. 2. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT AND TRADEMARK
OFFICE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Patent and Trademark Office for salaries and
necessary expenses the sum of $103,000,000 for fiscal year 1994, to be
derived from deposits in the Patent and Trademark Office Fee Surcharge
Fund established under section 10101 of the Omnibus Budget
Reconciliation Act of 1990 (35 U.S.C. note).
(b) Fees.--There are also authorized to be made available to the
Patent and Trademark Office for fiscal year 1994, to the extent provided
in advance in appropriation Acts, such sums as are equal to the amount
collected during such fiscal year from fees under title 35, United
States Code, and the Trademark Act of 1946 (15 U.S.C. 1051 and
following).
SEC. 3. AMOUNTS AUTHORIZED TO BE CARRIED OVER.
Amounts appropriated or made available pursuant to this Act may
remain available until expended.
SEC. 4. ADJUSTMENT OF TRADEMARK FEES.
Effective on the date of the enactment of this Act, the fee under
section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) for
filing an application for the registration of a trademark shall be $245.
Any adjustment of such fee under the second sentence of such section may
not be effective before October 1, 1994.
SEC. 5. INTERIM PATENT EXTENSIONS.
Section 156 of title 35, United States Code, is amended--
(1) in subsection (c)(4) by striking out ``extended'' and
inserting ``extended under subsection (e)(1)'';
(2) in the second sentence of subsection (d)(1) by striking
``Such'' and inserting ``Except as provided in paragraph (5),
such''; and
(3) by adding at the end of subsection (d) the following new
paragraph:
``(5)(A) If the owner of record of the patent or its agent
reasonably expects that the applicable regulatory review period
described in paragraph (1)(B)(ii), (2)(B)(ii), (3)(B)(ii), (4)(B)(ii),
or (5)(B)(ii) of subsection (g) that began for a product that is the
subject of such patent may extend beyond the expiration of the patent
term in effect, the owner or its agent may submit an application to the
Commissioner for an interim extension during the period beginning 6
months, and ending 15 days, before such term is due to expire. The
application shall contain--
``(i) the identity of the product subject to regulatory review
and the Federal statute under which such review is occurring;
``(ii) the identity of the patent for which interim extension is
being sought and the identity of each claim of such patent which
claims the product under regulatory review or a method of using or
manufacturing the product;
``(iii) information to enable the Commissioner to determine
under subsection (a)(1), (2), and (3) the eligibility of a patent
for extension;
``(iv) a brief description of the activities undertaken by the
applicant during the applicable regulatory review period to date
with respect to the product under review and the significant dates
applicable to such activities; and
``(v) such patent or other information as the Commissioner may
require.
``(B) If the Commissioner determines that, except for permission to
market or use the product commercially, the patent would be eligible for
an extension of the patent term under this section, the Commissioner
shall publish in the Federal Register a notice of such determination,
including the identity of the product under regulatory review, and shall
issue to the applicant a certificate of interim extension for a period
of not more than 1 year.
``(C) The owner of record of a patent, or its agent, for which an
interim extension has been granted under subparagraph (B), may apply for
not more than 4 subsequent interim extensions under this paragraph,
except that, in the case of a patent subject to subsection (g)(6)(C),
the owner of record of the patent, or its agent, may apply for only 1
subsequent interim extension under this paragraph. Each such subsequent
application shall be made during the period beginning 60 days before,
and ending 30 days before, the expiration of the preceding interim
extension.
``(D) Each certificate of interim extension under this paragraph
shall be recorded in the official file of the patent and shall be
considered part of the original patent.
``(E) Any interim extension granted under this paragraph shall
terminate at the end of the 60-day period beginning on the date on which
the product involved receives permission for commercial marketing or
use, except that, if within that 60-day period the applicant notifies
the Commissioner of such permission and submits any additional
information under paragraph (1) of this subsection not previously
contained in the application for interim extension, the patent shall be
further extended, in accordance with the provisions of this section--
``(i) for not to exceed 5 years from the date of expiration of
the original patent term; or
``(ii) if the patent is subject to subsection (g)(6)(C), from
the date on which the product involved receives approval for
commercial marketing or use.
``(F) The rights derived from any patent the term of which is
extended under this paragraph shall, during the period of interim
extension--
``(i) in the case of a patent which claims a product, be limited
to any use then under regulatory review;
``(ii) in the case of a patent which claims a method of using a
product, be limited to any use claimed by the patent then under
regulatory review; and
``(iii) in the case of a patent which claims a method of
manufacturing a product, be limited to the method of manufacturing
as used to make the product then under regulatory review.''.
SEC. 6. CONFORMING AMENDMENTS.
Section 156 of title 35, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``(d)'' and inserting
``(d)(1)''; and
(B) in paragraph (3) by striking ``subsection (d)'' and
inserting ``paragraphs (1) through (4) of subsection (d)'';
(2) in subsection (b) by striking ``The rights'' and inserting
``Except as provided in subsection (d)(5)(F), the rights''; and
(3) in subsection (e)--
(A) in paragraph (1) by striking ``subsection (d)'' and
inserting ``paragraphs (1) through (4) of subsection (d)''; and
(B) in paragraph (2) by striking ``(d)'' and inserting
``(d)(1)''.
SEC. 7. PATENT TERM EXTENSIONS FOR AMERICAN LEGION.
(a) Badge of American Legion.--The term of a certain design patent
numbered 54,296 (for the badge of the American Legion) is renewed and
extended for a period of 14 years beginning on the date of enactment of
this Act, with all the rights and privileges pertaining to such patent.
(b) Badge of American Legion Women's Auxiliary.--The term of a
certain design patent numbered 55,398 (for the badge of the American
Legion Women's Auxiliary) is renewed and extended for a period of 14
years beginning on the date of enactment of this Act, with all the
rights and privileges pertaining to such patent.
(c) Badge of Sons of the American Legion.--The term of a certain
design patent numbered 92,187 (for the badge of the Sons of the American
Legion) is renewed and extended for a period of 14 years beginning on
the date of enactment of this Act, with all the rights and privileges
pertaining to such patent.
SEC. 8. INTERVENING RIGHTS.
The renewals and extensions of the patents under section 6 shall not
result in infringement of any such patent on account of any use of the
subject matter of the patent, or substantial preparation for such use,
which began after the patent expired, but before the date of the
enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Patent and Trademark Office Authorization Act of 1993 - Authorizes appropriations to the Patent and Trademark Office for FY 1994.
Sets the trademark fee at $245 and prohibits any adjustments to such fee before October 1, 1994.
Amends the Drug Price Competition and Patent Term Restoration Act of 1984 to authorize the owner of record of the patent or its agent to submit an application to the Commissioner of Patents and Trademarks for an interim extension of such patent if the owner or agent expects that the regulatory review period that began for the product involved may extend beyond such expiration.
Directs the Commissioner to issue to the applicant a certificate of interim extension for a maximum one-year period, subject to specified conditions.
Limits an applicant to four subsequent interim extensions and to one extension in some cases. Requires applications for such extensions to be made during the period beginning 60 days before, and ending 30 days before, the expiration of the preceding interim extension.
Terminates such interim extension at the end of the 60-day period beginning on the date on which the product involved receives permission for commercial marketing or use, unless within such period, the applicant notifies the Commissioner of such permission and submits any additional information not previously contained in the interim extension application. Extends such patent for at least five years from the date of the expiration of the original patent term or, in certain circumstances, from the date on which the product involved receives approval for commercial marketing or use.
Limits the rights derived from the extended patents during the period of interim extension in the case of a patent which claims a: (1) product, to any use then under regulatory review; (2) method of using a product, to any use claimed by the patent then under regulatory review; and (3) method of manufacturing a product, to the method of manufacturing as used to make the product then under regulatory review.
Extends the terms of certain patents for the badges of the American Legion, the American Legion Women's Auxiliary, and the Sons of the American Legion.
|
{"src": "billsum_train", "title": "Patent and Trademark Office Authorization Act of 1993"}
| 1,919 | 438 | 0.483033 | 1.608992 | 0.740176 | 4.909548 | 4.417085 | 0.904523 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fitness Integrated with Teaching
Kids Act'' or the ``FIT Kids Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Childhood obesity has reached epidemic proportions in
the United States.
(2) Obesity-related diseases cost the United States economy
more than $117,000,000,000 every year.
(3) The prevalence of overweight children between the ages
of 6 and 11 years increased from 4.0 percent in 1971-1974 to
17.5 percent in 2001-2004, and the prevalence of overweight
adolescents between the ages of 12 and 19 years increased from
6.1 percent to 17.0 percent.
(4) More than 9,000,000 children and adolescents between
the ages of 6 and 19 years are considered overweight on the
basis of being in the 95th percentile or higher of BMI values
in the 2000 CDC growth chart for the United States.
(5) If children do not become more active and healthy, one-
third of all children born in 2000 or later will suffer from
diabetes at some point in their lives.
(6) Of all United States deaths from major chronic disease,
23 percent are linked to sedentary lifestyles that now begin at
childhood.
(7) Adolescents who are overweight have a 70-80 percent
chance of becoming overweight adults, increasing their risk for
chronic disease, disability, and death.
(8) A recent study showed that plaque build-up in the neck
arteries of children who are obese or those with high
cholesterol is similar to those levels seen in middle-aged
adults.
(9) A decline in physical activity has contributed to the
unprecedented epidemic of childhood obesity.
(10) The Physical Activity Guidelines for Americans
recommend that children engage in 60 minutes or more of
physical activity each day.
(11) In a 2005 Government Accountability Office report on
key strategies to include in programs designed to target
childhood obesity, ``increasing physical activity'' was
identified as the most important component in any such program.
(12) Part of the decline in physical activity has been in
our Nation's schools, where physical education programs have
been cut back in the past 2 decades.
(13) The national standard for physical education frequency
is 150 minutes per week in elementary school and 225 minutes
per week in middle school and high school.
(14) Only 3.8 percent of elementary school, 7.9 percent of
middle school, and 2.1 percent of high schools provide daily
physical education or its equivalent for the entire school
year, and 22 percent of schools do not require students to take
any physical education at all.
(15) Among children ages 9 to 13, 61.5 percent do not
participate in any organized physical activity during out-of-
school hours.
(16) Regular physical activity is associated with a
healthier, longer life and a lower risk of cardiovascular
disease, high blood pressure, diabetes, obesity, and some
cancers.
(17) Research suggests a strong correlation between
children's fitness and their academic performance as measured
by grades in core subjects and standardized test scores.
(18) Approximately 81 percent of adults believe daily
physical education should be mandatory in schools.
SEC. 3. REPORT CARDS.
Section 1111(h) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(h)) is amended--
(1) in paragraph (1)(C)--
(A) in clause (vii), by striking ``and'' after the
semicolon;
(B) in clause (viii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(ix) the amount of time students spend in
required physical education as measured against
the national standards of 150 minutes per week
of required physical education for students in
elementary school and 225 minutes per week of
required physical education for students in
middle school and secondary school;
``(x) the percentage of local educational
agencies in the State that have a required,
age-appropriate physical education curriculum
for all students in elementary schools, middle
schools, and secondary schools that adheres to
national guidelines adopted by the Centers for
Disease Control and Prevention and State
standards;
``(xi) the percentage of elementary school
and secondary school physical education
teachers who are State licensed or certified as
physical education teachers; and
``(xii) the percentage of schools that have
a School Health Council that includes parents,
students, representatives of the school food
authority, representatives of the school board,
school administrators and members of the public
and that meets monthly to promote a healthy
school environment.'';
(2) in paragraph (2)(B)(i)--
(A) in subclause (I), by striking ``and'' after the
semicolon;
(B) in subclause (II), by striking ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(III) the percentage of
elementary school and secondary school
physical education teachers who are
State certified as physical education
teachers; and
``(IV) the amount of square feet of
indoor and outdoor facilities that are
primarily used for physical education
and the amount of square feet of indoor
and outdoor facilities that are
primarily used for physical activity;
and''; and
(3) in paragraph (2)(B)(ii)--
(A) in subclause (I), by striking ``and'' after the
semicolon;
(B) in subclause (II), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(III) the percentage of
elementary school and secondary school
physical education teachers who are
State certified as physical education
teachers; and
``(IV) the number of meetings of a
School Health Council that includes
parents, students, representatives of
the school food authority,
representatives of the school board,
school administrators and members of
the public during the school year.''.
SEC. 4. PROMOTING PHYSICAL EDUCATION AND ACTIVITY IN SCHOOL PROGRAMS.
(a) Elementary and Secondary School Counseling Programs.--Section
5421 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7245) is amended--
(1) in subsection (b)(2)(H), by inserting ``, which design
and implementation shall take into consideration the overall
emotional and physical well-being of students'' after ``the
program''; and
(2) in subsection (c)(2)(E), by inserting ``health, the
importance of regular physical activity,'' after
``relationships,''.
(b) Smaller Learning Communities.--Section 5441(b) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7249(b)) is
amended by adding at the end the following:
``(14) How the local educational agency will ensure that
smaller learning communities support healthy lifestyles
including participation in physical education and physical
activity by all students and access to nutritious food and
nutrition education.''.
(c) 21st Century Community Learning Centers.--
(1) Purpose; definitions.--Section 4201 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7171) is
amended--
(A) in subsection (a)(2), by inserting ``nutrition
education programs, structured physical activity
programs,'' after ``recreation programs,''; and
(B) in subsection (b)(1)(A), by inserting
``nutrition education, structured physical activity,''
after ``recreation,''.
(2) Local competitive grant program.--Section 4204(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7174(b)(2))--
(A) in subparagraph (M), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (N) as
subparagraph (O); and
(C) by inserting after subparagraph (M) the
following:
``(N) an assurance that the proposed program is
coordinated with the physical education and health
education programs offered during the school day;
and''.
(3) Local activities.--Section 4205(a) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7175(a))--
(A) in paragraph (11), by striking ``and'' after
the semicolon;
(B) in paragraph (12), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) programs that support a healthy, active lifestyle,
including nutritional education and regular, structured
physical activity programs.''.
(d) Parental Involvement.--Section 1118 of the Elementary and
Secondary Education Act of 1965 is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following:
``(F) involve and train parents in encouraging and
supporting a healthy and active lifestyle, including
increased physical activity during and outside the
school day, and nutritional eating habits in the home
and at school; and'';
(2) in subsection (d)--
(A) in the subsection heading, by inserting after
``Achievement'' the following: ``by Healthy, Active
Students'';
(B) in the matter preceding paragraph (1), by
striking ``standards.'' and inserting ``standards and
to ensure that the children lead healthy, active
lives.''; and
(C) in paragraph (1)--
(i) by inserting after ``supportive'' the
following: ``, healthy,'';
(ii) by striking ``; and participating''
and inserting ``; participating''; and
(iii) by inserting after ``extracurricular
time'' the following: ``and supporting their
children in leading a healthy and active life,
such as by providing healthy meals and snacks,
encouraging participation in physical
education, and sharing in physical activity
outside the school day''; and
(3) in subsection (e)--
(A) by redesignating paragraphs (6) through (14) as
paragraphs (7) through (15), respectively; and
(B) by inserting after paragraph (5) the following:
``(6)(A) shall ensure that parents and teachers have
information about the importance of a healthy lifestyle,
including nutritional eating habits, physical education, and
physical activity, to an effective learning environment; and
``(B) shall coordinate activities with parents and teachers
to ensure that children are provided with nutritious meals and
snacks, and have ample opportunities for physical education and
physical activity during and outside the school day;''.
SEC. 5. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND PRINCIPALS.
(a) State Applications.--Section 2112(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6612(b)) is amended by
adding at the end the following:
``(13) A description of how the State educational agency
will use funds under this part to provide professional
development that is directly related to the fields of physical
education and health education to physical education teachers
and health education teachers to ensure that children are
leading healthy, active lifestyles that are conducive to
effective learning.''.
(b) State Use of Funds.--Section 2113(c)(6) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6613(c)(6)) is amended--
(1) by striking ``, in cases in which a State educational
agency determines support to be appropriate,''; and
(2) by inserting ``, physical education teachers, and
health education teachers'' after ``pupil services personnel''.
(c) Local Applications and Needs Assessment.--Section 2122(b)(9) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6622(b)(9)) is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) improve the health and eating habits of
students and increase rates of physical activity of
students.''.
(d) Local Use of Funds.--Section 2123(a)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6623(a)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``and'' after the
semicolon; and
(B) by adding at the end the following:
``(iii) effective strategies for improving
the healthy habits of students and the rates of
physical activity by students that result in
the ability to learn more effectively; and'';
and
(2) in subparagraph (B)--
(A) in clause (iv), by striking ``and'' after the
semicolon;
(B) in clause (v), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(vi) provide training, with curricula
that is evidence-based, in how to teach
physical education and health education that
results in the ability of students to learn
more effectively.''.
SEC. 6. NATIONAL RESEARCH COUNCIL STUDY.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Education shall enter into a contract with the
National Research Council of the National Academy of Sciences to--
(1) examine and make recommendations regarding--
(A) various means that may be employed to
incorporate physical activity into Head Start and
childcare settings, elementary, middle, and high school
settings, and before- and after-school programs; and
(B) innovative and effective ways to increase
physical activity for all students;
(2) study the impact of health, level of physical activity,
and amount of physical education on students' ability to learn
and maximize performance in school; and
(3) study and provide specific recommendations for--
(A) effectively measuring the progress of students,
at the school level, in improving their health and
well-being, including improving their--
(i) knowledge, awareness, and behavior
changes, related to nutrition and physical
activity;
(ii) cognitive development, and fitness
improvement, in physical education;
(iii) knowledge of lifetime physical
activity and health promotion;
(iv) decrease in obesity; and
(v) levels on overall health indicators;
and
(B) effectively measuring the progress of students,
at the school level, in increasing physical activity.
|
Fitness Integrated with Teaching Kids Act or FIT Kids Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require annual state and local educational agency report cards to include specified information on school health and physical education programs.
Includes the promotion of healthy, active lifestyles by students within ESEA grant programs that support school counseling, smaller learning communities, community learning centers, and parental involvement in their childrens' education.
Revises the professional development program for teachers and principals to include training for physical and health education teachers, and training on improving students' health habits and participation in physical activities.
Directs the Secretary of Education to contract with the National Academy of Sciences (NAS) for a study that: (1) assesses the effect health and physical education have on students' ability to learn; and (2) makes recommendations for improving, and measuring improvements to, their health and physical education in schools.
|
{"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to improve standards for physical education."}
| 3,257 | 188 | 0.488536 | 1.356673 | 0.692671 | 2.516854 | 17.393258 | 0.921348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Privacy Protection and
Parental Empowerment Act of 1997''.
SEC. 2. PROHIBITION OF CERTAIN ACTIVITIES RELATING TO PERSONAL
INFORMATION ABOUT CHILDREN.
(a) In General.--Chapter 89 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1822. Sale of personal information about children
``(a) Whoever, in or affecting interstate or foreign commerce,
being a list broker, knowingly--
``(1) sells, purchases, or receives remuneration for
providing personal information about a child, knowing that such
information pertains to a child, without the written consent of
a parent of that child;
``(2) conditions any sale or service to a child or to that
child's parent on the granting of such a consent; or
``(3) fails to comply with the request of a parent--
``(A) to disclose the source of personal
information offered for sale or remuneration by the
list broker about that parent's child;
``(B) to disclose all information that has been
sold or otherwise disclosed by that list broker about
that child;
``(C) to disclose the identity of all persons to
whom the list broker has sold or otherwise disclosed
personal information about that child; or
``(D) to discontinue providing personal information
to third parties about that parent's child;
shall be fined under this title or imprisoned for not more than 1 year,
or both.
``(b) Whoever, in or affecting interstate or foreign commerce,
being a person who uses, in the course of commerce, any personal
information about a child under age 16, that was obtained for
commercial purposes, to contact that child or a parent of that child to
offer a commercial product or service to that child, knowingly fails to
comply with the request of a parent--
``(1) to disclose the source of personal information about
that parent's child;
``(2) to disclose all information that has been sold or
otherwise disclosed by that list broker about that child;
``(3) to disclose the identity of all persons to whom
personal information about that child has been disclosed; or
``(4) to discontinue providing personal information to
third parties about that parent's child;
shall be fined not more than $5,000.
``(c) Whoever, in or affecting interstate or foreign commerce,
knowingly--
``(1) uses prison inmate labor, or any worker who is
registered pursuant to title XVII of the Violent Crime Control
and Law Enforcement Act of 1994, for data processing of
personal information about children; or
``(2) distributes or solicits any personal information
about a child, with the intent of abusing or causing physical
harm to the child or to sexually exploit the child, or having
reason to believe that the child will be so abused, harmed, or
exploited as a result of that distribution or solicitation;
shall be fined under this title or imprisoned not more than 5 years, or
both.
``(d) Whoever, in or affecting interstate or foreign commerce,
knowingly releases personal information about another person's child to
any entity that intends to use the information to solicit the sale of a
product or service, without the permission of that child's parent,
shall be fined not more than $5,000.
``(e) A child or a parent of a child with respect to whom a
violation of this section occurs may in a civil action obtain
appropriate relief, including statutory money damages of not less than
$5,000. The court shall award a prevailing plaintiff in a civil action
under this subsection a reasonable attorney's fee as a part of the
costs.
``(f) Nothing in this section affects the sale of lists to--
``(1) the National Center for Missing and Exploited
Children;
``(2) accredited colleges, universities, and other
institutions of higher learning;
``(3) the United States military; or
``(4) local, State, or Federal law enforcement agencies.
``(g) It shall be the duty of each list broker operating in or
affecting interstate or foreign commerce to make that broker's
databases available twice annually, without charge, to the National
Center for Missing and Exploited Children, established under section
404(b) of the Missing Children's Assistance Act, in order to allow the
Center to match it with the database of missing children held by the
Center.
``(h) As used in this section--
``(1) the term `child' means a person who has not attained
the age of 16 years;
``(2) the term `parent' includes a legal guardian;
``(3) the term `personal information' means information
(including name, address, telephone number, social security
number, electronic mail address, and physical description)
about an individual identified as a child, that would suffice
to locate and contact that individual; and
``(4) the term `list broker' means a person who provides
for remuneration mailing lists, computerized or telephone
reference services, databases, or the like, containing personal
information about children.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 89 of title 18, United States Code, is amended by adding at the
end the following new item:
``1822. Sale of personal information about children.''.
|
Children's Privacy Protection and Parental Empowerment Act of 1997 - Amends the Federal criminal code to prohibit and set penalties for specified activities relating to personal information about a child (defined as a person under age 16), including knowingly: (1) selling such information (by a list broker) without the written consent of a parent of that child, knowing that such information pertains to a child; (2) using prison inmate labor for data processing of personal information about children; and (3) distributing or soliciting any such information, knowing or having reason to believe that the information will be used to abuse or physically harm the child.
Sets penalties for contacting that child or a parent of that child (by a person who uses personal information about a child that was obtained for commercial purposes) to offer a commercial product or service to that child and knowingly failing to comply with a parent's request to: (1) disclose the source of such information, all information that has been sold or otherwise disclosed by that list broker about that child, and the identity of all persons to whom such information has been disclosed; or (2) discontinue providing such information to third parties.
Sets penalties for knowingly releasing personal information about another person's child to any entity that intends to use the information to solicit the sale of a product or service, without the permission of that child's parent.
Authorizes civil actions by a child or a parent with respect to whom a violation of this Act occurs. Directs the court to award a prevailing plaintiff a reasonable attorney's fee as part of the costs.
Specifies that nothing in this Act affects the sale of lists to: (1) the National Center for Missing and Exploited Children (the Center); (2) accredited colleges, universities, and other institutions of higher learning; (3) the U.S. military; or (4) local, State, or Federal law enforcement agencies.
Declares that it shall be the duty of each list broker operating in or affecting interstate or foreign commerce to make that broker's databases available twice annually, without charge, to the Center to allow the Center to match it with the database of missing children held by the Center.
|
{"src": "billsum_train", "title": "Children's Privacy Protection and Parental Empowerment Act of 1997"}
| 1,222 | 466 | 0.690266 | 2.319322 | 0.834416 | 5.48037 | 2.702079 | 0.930716 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Concussion Treatment and Care Tools
Act of 2009'' or the ``ConTACT Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Concussions are mild traumatic brain injuries, the
long-term effects of which are not well understood.
(2) As many as 3.8 million concussions related to sports
and recreation are estimated to occur in the United States each
year, although reliable data does not exist on the incidence of
concussions and second impact syndrome among student athletes.
(3) There is an increased risk for subsequent brain
injuries among persons who have had at least one previous brain
injury.
(4) A repeat concussion, one that occurs before the brain
recovers from a previous concussion, can slow recovery or
increase the likelihood of having long-term problems.
(5) In rare cases, repeat concussions can result in second
impact syndrome, which can be marked by brain swelling,
permanent brain damage, and death.
(6) Recurrent brain injuries and second impact syndrome are
highly preventable.
(7) Many national organizations, including the American
Academy of Neurology, the National Football League, the
American Academy of Family Physicians, and the Brain Injury
Association of America, have adopted concussion management
guidelines, but multiple directives have created confusion and
sparked debate.
SEC. 3. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL-AGED
CHILDREN.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following:
``SEC. 317U. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL-
AGED CHILDREN.
``(a) Concussion Management Guidelines.--
``(1) Establishment.--Not later than 2 years after the date
of the enactment of this section, the Secretary shall establish
concussion management guidelines (hereinafter in this section
referred to as the `guidelines') that address the prevention,
identification, treatment, and management of concussions in
school-aged children, including standards for student athletes
to return to play after a concussion.
``(2) Conference.--The Secretary shall convene a conference
of medical, athletic, and educational stakeholders for purposes
of assisting in the establishment of the guidelines.
``(b) Grants to States.--
``(1) In general.--After establishing the guidelines, the
Secretary may make grants to States for purposes of--
``(A) adopting, disseminating, and ensuring the
implementation by elementary and secondary schools of
the guidelines; and
``(B) funding implementation by elementary and
secondary schools of computerized pre-season baseline
and post-injury neuropsychological testing for student
athletes.
``(2) Grant applications.--
``(A) In general.--To be eligible to receive a
grant under this section, the Secretary shall require a
State to submit an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary shall require.
``(B) Minimum contents.--The Secretary shall
require that an application of a State under
subparagraph (A) shall contain at a minimum--
``(i) a description of the strategies the
State will use to disseminate and ensure the
implementation by elementary and secondary
schools of the guidelines, including any
strategic partnerships that the State will
form; and
``(ii) an agreement by the State to
periodically provide data with respect to the
incidence of concussions and second impact
syndrome among student athletes in the State.
``(3) Utilization of high school sports associations and
local chapters of national brain injury organizations.--In
disseminating and ensuring the implementation by elementary and
secondary schools of the guidelines pursuant to a grant under
this section, the Secretary shall require States to utilize, to
the extent practicable, applicable expertise and services
offered by high school sports associations and local chapters
of national brain injury organizations in such States.
``(c) Coordination of Activities.--In carrying out activities under
this section, the Secretary shall coordinate in an appropriate manner
with the heads of other Federal departments and agencies that carry out
activities related to concussions and other traumatic brain injuries.
``(d) Reports.--
``(1) Establishment of the guidelines.--Not later than 2
years after the date of the enactment of this section, the
Secretary shall submit to Congress a report on the
implementation of subsection (a).
``(2) Grant program and data collection.--Not later than 4
years after the date of the enactment of this section, the
Secretary shall submit to Congress a report on the
implementation of subsection (b), including the number of
States that have adopted the guidelines, the number of
elementary and secondary schools that have implemented
computerized pre-season baseline and post-injury
neuropsychological testing for student athletes, and the data
collected with respect to the incidence of concussions and
second impact syndrome among student athletes.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) The term `school-aged child' means an individual who
is 5 years of age through 18 years of age.
``(2) The term `second impact syndrome' means catastrophic
or fatal events that occur when an individual suffers a
concussion while symptomatic and healing from a previous
concussion.
``(3) The term `Secretary' means the Secretary of Health
and Human Services, acting through the Director of the Centers
for Disease Control and Prevention.
``(4) The term `State' means each of the 50 States and the
District of Columbia.
``(5) The term `student athlete' means a school-aged child
in any of the grades 6th through 12th who participates in a
sport through such child's elementary or secondary school.
``(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated to the Secretary $5,000,000 for
fiscal year 2010 and such sums as may be necessary for each of fiscal
years 2011 through 2014.''.
|
Concussion Treatment and Care Tools Act of 2009 or the ConTACT Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to: (1) establish concussion management guidelines that address the prevention, identification, treatment, and management of concussions in school-aged children, including standards for student athletes to return to play after a concussion; and (2) convene a conference of medical, athletic, and educational stakeholders to establish such guidelines. Authorizes the Secretary to make grants to states for: (1) adopting, disseminating, and ensuring the implementation by schools of the guidelines; and (2) funding implementation by schools of computerized preseason baseline and post-injury neuropsychological testing for student athletes. Directs the Secretary to require states to utilize, to the extent practicable, applicable expertise and services offered by local chapters of national brain injury organizations.
|
{"src": "billsum_train", "title": "A bill to amend title III of the Public Health Service Act to provide for the establishment and implementation of concussion management guidelines with respect to school-aged children, and for other purposes."}
| 1,396 | 202 | 0.640933 | 1.684945 | 0.839895 | 4.766082 | 7.385965 | 0.964912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cerros del Norte Conservation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Rio
Grande del Norte National Monument Proposed Wilderness Areas''
and dated July 28, 2015.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 3(a).
SEC. 3. DESIGNATION OF CERRO DEL YUTA AND RIO SAN ANTONIO WILDERNESS
AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the Rio Grande del Norte National
Monument are designated as wilderness and as components of the National
Wilderness Preservation System:
(1) Cerro del yuta wilderness.--Certain land administered
by the Bureau of Land Management in Taos County, New Mexico,
comprising approximately 13,420 acres as generally depicted on
the map, which shall be known as the ``Cerro del Yuta
Wilderness''.
(2) Rio san antonio wilderness.--Certain land administered
by the Bureau of Land Management in Rio Arriba County, New
Mexico, comprising approximately 8,120 acres, as generally
depicted on the map, which shall be known as the ``Rio San
Antonio Wilderness''.
(b) Management of Wilderness Areas.--Subject to valid existing
rights, the wilderness areas shall be administered in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that
with respect to the wilderness areas designated by this Act--
(1) any reference to the effective date of the Wilderness
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land within the boundary of the wilderness areas that is
acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this Act; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the wilderness areas, where
established before the date of enactment of this Act, shall be
administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in appendix A of the Report of
the Committee on Interior and Insular Affairs to accompany H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(e) Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around the wilderness areas.
(2) Activities outside wilderness areas.--The fact that an
activity or use on land outside a wilderness area can be seen
or heard within the wilderness area shall not preclude the
activity or use outside the boundary of the wilderness area.
(f) Release of Wilderness Study Areas.--Congress finds that, for
purposes of section 603(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio
Wilderness Study Area not designated as wilderness by this section--
(1) has been adequately studied for wilderness designation;
(2) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(3) shall be managed in accordance with this Act.
(g) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and
legal descriptions of the wilderness areas with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the legal description and map.
(3) Public availability.--The map and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(h) National Landscape Conservation System.--The wilderness areas
shall be administered as components of the National Landscape
Conservation System.
(i) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State of New Mexico with respect to fish and
wildlife located on public land in the State.
(j) Withdrawals.--Subject to valid existing rights, any Federal
land within the wilderness areas designated by subsection (a),
including any land or interest in land that is acquired by the United
States after the date of enactment of this Act, is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(k) Treaty Rights.--Nothing in this Act enlarges, diminishes, or
otherwise modifies any treaty rights.
Passed the Senate December 21, 2017.
Attest:
JULIE E. ADAMS,
Secretary.
|
. The expanded summary of the Senate reported version is repeated here.) Cerros del Norte Conservation Act (Sec. 3) This bill designates the Cerro del Yuta Wilderness (comprising approximately 13,420 acres) and Rio San Antonio Wilderness (comprising approximately 8,120 acres) within the Rio Grande del Norte National Monument in New Mexico as wilderness and as components of the National Wilderness Preservation System. The bill sets forth requirements for the management of the wilderness areas regarding: (1) livestock grazing, (2) the creation of protective perimeters and buffer zones, and (3) the jurisdiction of the state of New Mexico respecting fish and wildlife located on public land in New Mexico. The bill releases specified public land within the San Antonio Wilderness Study Area not designated as wilderness by this bill from further study for such a designation. The bill requires the wilderness areas to be administered as components of the National Landscape Conservation System. The bill withdraws any federal land within the wilderness areas, including any acquired land or interest, from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. The bill declares that nothing in this bill enlarges, diminishes, or otherwise modifies any treaty rights.
|
{"src": "billsum_train", "title": "Cerros del Norte Conservation Act"}
| 1,333 | 299 | 0.650032 | 1.982137 | 0.764325 | 4.740602 | 4.270677 | 0.853383 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Working Families
Trade Bonus Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) exports represent a growing share of United States
production, and exports have accounted for more than 10 percent
of the United States gross domestic product in recent years,
(2) export growth represented more than 36 percent of
overall United States growth in gross domestic product between
1987 and 1997,
(3) international trade flows in the United States have
grown twice as fast as the economy since 1950, and, in real
terms, the growth rate for international trade has averaged
about 6.5 percent a year,
(4) between 1987 and 1997, more than 5,500,000 United
States jobs have been created by international trade,
(5) the globalization of the United States economy demands
that appropriate domestic policy measures be undertaken to
assure American workers enjoy the benefits of globalization
rather than be undermined by it, and
(6) when the domestic economy and United States companies
achieve growth and profits from international trade, workers
ought to share in the benefits.
(b) Purpose.--It is the purpose of this Act to assist American
workers in benefiting directly when international trade produces
domestic economic growth.
TITLE I--TRADE BONUS
SEC. 101. DETERMINATION AND ANNOUNCEMENT OF TRADE BONUS.
(a) Determination.--
(1) In general.--The Secretary of Commerce or the
Secretary's delegate shall, for each calendar year after 1998,
determine whether international trade of the United States
contributed to an increase in the gross domestic product of the
United States for such calendar year.
(2) Time for determination; submission.--The Secretary
shall make and submit to the President the determination under
paragraph (1) as soon as practicable after the close of a
calendar year, but in no event later than June 1 of the next
calendar year. Such determination shall be made on the basis of
the most recent available data as of the time of the
determination.
(b) Inclusion in Budget.--The President shall include the
determination under subsection (a) with the supplemental summary of the
budget for the fiscal year beginning in the calendar year following the
calendar year for which the determination was made.
TITLE II--PROVISIONS TO ENSURE WORKERS SHARE IN TRADE BONUS
SEC. 201. UNITED STATES POLICY ON INTERNATIONAL TRADE BONUS.
(a) General Policy of the United States.--It is the policy of the
United States that if there is an increase in the portion of the gross
domestic product of the United States for any calendar year which is
attributable to international trade of the United States--
(1) workers ought to share in the benefits of the increase
through--
(A) the establishment of employee stock purchase
plans by employers that have not already done so,
(B) the expansion of employee stock purchase plans
of employers that have already established such plans,
and
(C) the opportunity to make additional
contributions to individual retirement plans if the
workers are unable to participate in employee stock
purchase plans,
(2) employers should contribute additional compensation to
such employee stock purchase plans in an amount up to $2,000
per employee, and
(3) workers should contribute additional amounts up to
$2,000 to individual retirement plans.
(b) Guidelines.--It is the policy of the United States that any
employer establishing or expanding an employee stock purchase plan
under the policy stated under subsection (a) should--
(1) provide that the amount of additional stock each
employee is able to purchase in any year there is a trade bonus
is the amount determined by the employer but not in excess of
$2,000,
(2) make the plan available to the widest range of
employees without discriminating in favor of highly compensated
employees,
(3) allow for the purchase of the maximum amount of stock
allowed by law at the lowest price allowed by law, and
(4) ensure that the establishment or expansion of such
plan--
(A) provides employees with compensation that is in
addition to the compensation they would normally
receive, and
(B) does not result in a lack of diversification of
an employee's assets, particularly such employee's
retirement assets.
SEC. 202. ELIMINATION OF CAPITAL GAINS TAX ON GAIN FROM STOCK ACQUIRED
THROUGH EMPLOYEE STOCK PURCHASE PLAN.
(a) In General.--Part I of subchapter P of chapter 1 (relating to
treatment of capital gains) is amended by adding at the end the
following new section:
``SEC. 1203. EXCLUSION FOR GAIN FROM STOCK ACQUIRED THROUGH EMPLOYEE
STOCK PURCHASE PLAN.
``(a) General Rule.--Gross income of an employee shall not include
gain from the sale or exchange of stock--
``(1) which was acquired by the employee pursuant to an
exercise of a trade bonus stock option granted under an
employee stock purchase plan (as defined in section 423(b)),
and
``(2) with respect to which the requirements of section
423(a) have been met before the sale or exchange.
``(b) Trade Bonus Stock Option.--For purposes of this section--
``(1) In general.--The term `trade bonus stock option'
means an option which--
``(A) is granted under an employee stock purchase
plan (as defined in section 423(b)) for a plan year
beginning in a calendar year following a calendar year
for which a trade bonus percentage has been determined
under section 101 of the Working Families Trade Bonus
Act, and
``(B) the employer designates, at such time and in
such manner as the Secretary may prescribe, as a trade
bonus stock option.
``(2) Annual limitation.--Options may not be designated as
trade bonus stock options with respect to an employee for any
plan year to the extent that the fair market value of the stock
which may be purchased with such options (determined as of the
time the options are granted) exceeds $2,000.''
(b) Conforming Amendments.--
(1) Paragraph (9) of section 1(h) (relating to maximum
capital gains rate) is amended by striking ``and section 1202
gain'' and inserting ``section 1202 gain, and gain excluded
from gross income under section 1203(a)''.
(2) Section 172(d)(2)(B) (relating to modifications with
respect to net operating loss deduction) is amended by striking
``section 1202'' and inserting ``sections 1202 and 1203''.
(3) Section 642(c)(4) (relating to adjustments) is amended
by inserting ``or 1203(a)'' after ``section 1202(a)'' and by
inserting ``or 1203'' after ``section 1202''.
(4) Section 643(a)(3) (defining distributable net income)
is amended by striking ``section 1202'' and inserting
``sections 1202 and 1203''.
(5) Section 691(c)(4) (relating to coordination with
capital gain provisions) is amended by inserting ``1203,''
after ``1202,''.
(6) The second sentence of section 871(a)(2) (relating to
capital gains of aliens present in the United States 183 days
or more) is amended by inserting ``or 1203'' after ``section
1202''.
(7) The table of sections of part I of subchapter P of
chapter 1 is amended by adding at the end the following:
``Sec. 1203. Exclusion for gain from
stock acquired through employee
stock purchase plan.''
(c) Effective Date.--The amendments made by this section shall
apply to stock acquired on and after the date of the enactment of this
Act.
SEC. 203. TRADE BONUS CONTRIBUTIONS TO INDIVIDUAL RETIREMENT PLANS.
(a) In General.--Section 219(b) (relating to maximum amount of
deduction) is amended by adding at the end the following new paragraph:
``(5) Additional contributions in trade bonus years.--
``(A) In general.--If there is a determination
under section 101 of the Working Families Trade Bonus
Act that there is a trade bonus for any calendar year,
then, in the case of an eligible individual, the dollar
amount in effect under paragraph (1)(A) for taxable
years beginning in the subsequent calendar year shall
be increased by $2,000.
``(B) Eligible individual.--For purposes of
subparagraph (A), the term `eligible individual' means,
with respect to any taxable year, any individual other
than an individual who is eligible to receive a trade
bonus stock option (as defined in section 1203(b)) for
a plan year beginning in the taxable year.''
(b) Conforming Amendments.--
(1) Section 408(a)(1) is amended by striking ``in excess of
$2,000 on behalf of any individual'' and inserting ``on behalf
of any individual in excess of the amount in effect for such
taxable year under section 219(b)(1)(A)''.
(2) Section 408(b)(2)(B) is amended by striking ``$2,000''
and inserting ``the dollar amount in effect under section
219(b)(1)(A)''.
(3) Section 408(b) is amended by striking ``$2,000'' in the
matter following paragraph (4) and inserting ``the dollar
amount in effect under section 219(b)(1)(A)''.
(4) Section 408(j) is amended by striking ``$2,000''.
(5) Section 408(p)(8) is amended by striking ``$2,000'' and
inserting ``the dollar amount in effect under section
219(b)(1)(A)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 204. CREDIT FOR SMALL EMPLOYER STOCK PURCHASE PLAN START-UP COSTS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
(relating to business related credits) is amended by adding at the end
the following new section:
``SEC. 45D. SMALL EMPLOYER STOCK PURCHASE PLAN CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible employer, the small employer stock purchase plan credit
determined under this section for any taxable year is an amount equal
to the qualified start-up costs paid or incurred by the taxpayer during
the taxable year.
``(b) Limits on Start-Up Costs.--In the case of qualified start-up
costs not paid or incurred directly for the establishment of a
qualified stock purchase plan, the amount of the credit determined
under subsection (a) for any taxable year shall not exceed the lesser
of 50 percent of such costs or--
``(1) $2,000 for the first taxable year ending after the
date the employer established the qualified employer plan to
which such costs relate,
``(2) $1,000 for each of the second and third such taxable
years, and
``(3) zero for each taxable year thereafter.
``(c) Definitions.--For purposes of this section--
``(1) Eligible employer.--
``(A) In general.--The term `eligible employer'
means, with respect to any year, an employer which has
100 or fewer employees who received at least $5,000 of
compensation from the employer for the preceding year.
``(B) Requirement for new qualified employer
plans.--Such term shall not include an employer if,
during the 3-taxable year period immediately preceding
the 1st taxable year for which the credit under this
section is otherwise allowable for a qualified stock
purchase plan of the employer, the employer and each
member of any controlled group including the employer
(or any predecessor of either) established or
maintained an employee stock purchase plan with respect
to which contributions were made, or benefits were
accrued, for substantially the same employees as are in
the qualified stock purchase plan.
``(2) Qualified start-up costs.--The term `qualified start-
up costs' means any ordinary and necessary expenses of an
eligible employer which are paid or incurred in connection
with--
``(A) the establishment or maintenance of a
qualified stock purchase plan in which employees are
eligible to participate, and
``(B) providing educational information to
employees regarding participation in such plan and the
benefits of participating in the plan.
Such term does not include services related to retirement
planning, including tax preparation, accounting, legal, or
brokerage services.
``(3) Qualified stock purchase plan.--
``(A) In general.--The term `qualified stock
purchase plan' means an employee stock purchase plan
which--
``(i) allows an employer to designate
options as trade bonus stock options for
purposes of section 1203,
``(ii) limits the amount of options which
may be so designated for any employee to not
more than $2,000 per year, and
``(iii) does not discriminate in favor of
highly compensated employees (within the
meaning of section 414(q)).
``(B) Employee stock purchase plan.--The term
`employee stock purchase plan' has the meaning given
such term by section 423(b).
``(d) Special Rules.--
``(1) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (n) or (o) of section 414, shall be treated as one
person. All qualified stock purchase plans of an employer shall
be treated as a single qualified stock purchase plan.
``(2) Disallowance of deduction.--No deduction shall be
allowable under this chapter for any qualified start-up costs
for which a credit is determined under subsection (a).
``(3) Election not to claim credit.--This section shall not
apply to a taxpayer for any taxable year if such taxpayer
elects to have this section not apply for such taxable year.''
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) (defining current year business credit) is amended by striking
``plus'' at the end of paragraph (11), by striking the period at the
end of paragraph (12) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(13) in the case of an eligible employer (as defined in
section 45D(c)), the small employer stock purchase plan credit
determined under section 45D(a).''
(c) Portion of Credit Refundable.--Section 38(c) (relating to
limitation based on amount of tax) is amended by adding at the end the
following new paragraph:
``(4) Portion of small employer pension plan credit
refundable.--
``(A) In general.--In the case of the small
employer stock purchase plan credit under subsection
(b)(13), the aggregate credits allowed under subpart C
shall be increased by the lesser of--
``(i) the credit which would be allowed
without regard to this paragraph and the
limitation under paragraph (1), or
``(ii) the amount by which the aggregate
amount of credits allowed by this section
(without regard to this paragraph) would
increase if the limitation under paragraph (1)
were increased by the taxpayer's applicable
payroll taxes for the taxable year.
``(B) Treatment of credit.--The amount of the
credit allowed under this paragraph shall not be
treated as a credit allowed under this subpart and
shall reduce the amount of the credit allowed under
this section for the taxable year.
``(C) Applicable payroll taxes.--For purposes of
this paragraph--
``(i) In general.--The term `applicable
payroll taxes' means, with respect to any
taxpayer for any taxable year--
``(I) the amount of the taxes
imposed by sections 3111 and 3221(a) on
compensation paid by the taxpayer
during the taxable year,
``(II) 50 percent of the taxes
imposed by section 1401 on the self-
employment income of the taxpayer
during the taxable year, and
``(III) 50 percent of the taxes
imposed by section 3211(a)(1) on
amounts received by the taxpayer during
the calendar year in which the taxable
year begins.
``(ii) Agreements regarding foreign
affiliates.--Section 24(d)(3)(C) shall apply
for purposes of clause (i).''
(d) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by adding at the end
the following new item:
``Sec. 45D. Small employer stock purchase
plan credit.''
(e) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred in connection with qualified stock
purchase plans established after the date of the enactment of this Act.
|
States that if there is an increase in the portion of the gross domestic product of the United States for any calendar year which is attributable to international trade of the United States workers ought to share in the benefits of the increase through employee stock purchase plans and additional contributions to individual retirement plans for those unable to participate in employee stock purchase plans.
Amends the Internal Revenue Code to provide for an exclusion of gain for stock acquired through an employee stock purchase plan when there is a declared trade bonus.
Provides that for any year in which there is a declared trade bonus additional qualified retirement contributions may be made.
Establishes a credit for small employer stock purchase plan start-up costs.
|
{"src": "billsum_train", "title": "Working Families Trade Bonus Act"}
| 3,892 | 144 | 0.392155 | 1.10202 | 0.594986 | 5.924812 | 26.428571 | 0.962406 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Columbia-Pacific National Heritage
Area Study Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Chinookan people have--
(A) lived in the Columbia-Pacific region for over
6,000 years;
(B) developed a wealthy and vibrant culture from
the abundance of the Columbia River and the
sophisticated trade economy of the people; and
(C) established cultural centers in Chinook,
Washington, and Seaside, Oregon;
(2) early European explorers, including Heceta, Vitus
Bering, Sir Francis Drake, and Captain Cook, began to explore
and chart the region in search of the Great River of the West,
the last remaining major land feature mapped by Europeans;
(3) many people travel from around the world to the
Columbia-Pacific region to--
(A) experience the rich historical culture of the
region; and
(B) search for new business opportunities in the
region;
(4) in 1792 Boston-based Captain Robert Gray was the first
to bring a sailing ship into the River, naming the River after
his ship, the COLUMBIA REDIVIVA;
(5) Gray's trip through the Columbia River opened up the
River to trade with east coast cities, European countries, and
Asian kingdoms;
(6) during the 13 years before the Lewis and Clark Corps of
Discovery arrived overland, more than 88 ships entered the
Columbia River as part of a sophisticated global trade network
that became known as the ``Golden Round'', which stimulated the
economy of the newly freed colonies and accelerated the
development of the international fur trade;
(7) ports and communities along the Columbia River continue
to support the traditional industries of fishing, seafood
processing, timber harvesting, and trade;
(8) in 1805 Lewis and Clark, seeking an all water route to
the Pacific Ocean for commerce to expand the American claim to
the Pacific Ocean, arrived at the mouth of the Columbia River
where the group built a fort to spend the winter;
(9) the legacy of Lewis and Clark continues to be available
to the public at the newly expanded units of the Lewis and
Clark National Historical Park;
(10) in 1811 John Jacob Astor established a permanent
settlement for commerce at the mouth of the Columbia River
known as ``Astoria'', which became the first American city west
of the Rocky Mountains;
(11) Astoria was sold to the Hudson Bay Company and during
the period from 1812 to 1828, was a British territory;
(12) Astoria was ultimately returned to the United States
making Astoria the only city in the United States to become the
territory of another country and then revert back to the United
States;
(13) for several thousand years the approaches to the mouth
of the Columbia River have served as the original homeland
defense system as the Chinookan people established villages on
headlands and promontories of the River in order to watch the
traffic entering, leaving, and traveling on the River;
(14) with the start of the Civil War, the native villages
were replaced with forts operated by the United States Army;
(15) the Army forts at Cape Disappointment, Fort Columbia,
and Fort Stevens were in continuous operation through the end
of World War II;
(16) the United States Coast Guard maintains a large
homeland security operation through Group Astoria with the Cape
Disappointment Motor Lifeboat Station, Astoria Air Station, 2
cutters operating out of Astoria, and the Tongue Point
maintenance yard;
(17) through the United States Coast Guard operations, the
Columbia River continues to serve as the guard post for the
protection of international commerce of the largest river
transport system on the west coast;
(18) the water offshore Clatsop County, Oregon, and Pacific
County, Washington, is known as the ``Graveyard of the
Pacific'', because thousands of vessels and lives have been
lost in the water, with survivors struggling ashore and seeking
refuge in the historic beach communities of Cannon Beach,
Seaside, Gearhart, Seaview, Long Beach, Ocean Park, and
Oysterville;
(19) shipwrecks and storm waters are still a threat to
commercial and recreational boaters in the area;
(20) modern navigation aids include lighthouses,
lightships, and lifesaving stations;
(21) the United States Coast Guard continues to operate the
Cape Disappointment Lifesaving Station and the National Motor
Lifeboat School;
(22) members of the United States Coast Guard from
throughout the United States are sent to the ``Top Gun''
training center to--
(A) challenge some of the most dangerous waters in
the world; and
(B) prepare for service at stations throughout the
United States;
(23) the Columbia River is home to 1 of the most abundant
commercial and sport fisheries in the world;
(24) for centuries, the people in the Columbia-Pacific
region have made a living from the Columbia River, including--
(A) the Chinookan people, who developed a
sophisticated and vibrant culture using the resources
of the River; and
(B) beginning in the 1840's, American settlers and
European and Asian immigrants, who developed a vibrant
economy around the salmon fisheries;
(25) the communities of Astoria, Warrenton, Hammond,
Chinook, and Ilwaco--
(A) have their roots in the development of the
early fishing industry; and
(B) continue to support both commercial and sport
fisheries that--
(i) provide--
(I) economic opportunities for
residents; and
(II) recreational opportunities for
visitors; and
(ii) preserve over a century of cultural
traditions;
(26) commercial timber harvesting has been an important
component of the culture of the Columbia River for over 150
years;
(27) timber has been harvested and used in local mills or
transported, primarily along the Columbia River to the Pacific
Ocean; and
(28) raw logs and forest products continue to be
transported along the Columbia River and across the Bar to
markets around the world.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Columbia-Pacific National Heritage Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Study area.--The term ``study area'' means--
(A) the coastal areas of Clatsop County, Oregon,
and Pacific County, Washington, which are known as the
``North Beach Peninsula''; and
(B) areas relating to Native American history,
local history, Euro-American settlement culture, and
related economic activities of the Columbia River
within a corridor along the Columbia River eastward in
Clatsop County, Oregon, and Pacific, Columbia, and
Wahkiakum Counties, Washington.
SEC. 4. COLUMBIA-PACIFIC NATIONAL HERITAGE AREA STUDY.
(a) In General.--The Secretary, in consultation with the managers
of any Federal land within the Heritage Area, appropriate State and
local governmental agencies, and any interested organizations, shall
conduct a study to determine the feasibility of designating the study
area as the Columbia-Pacific National Heritage Area.
(b) Requirements.--The study shall include analysis, documentation,
and determinations on whether--
(1) the study area--
(A) has an assemblage of natural, historic,
cultural, educational, scenic, or recreational
resources that together are nationally important to the
heritage of the United States;
(B) represent distinctive aspects of the heritage
of the United States worthy of recognition,
conservation, interpretation, and continuing use;
(C) are best managed through agreements between
public and private entities at the local or regional
level;
(D) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the heritage of
the United States;
(E) provides outstanding opportunities to conserve
natural, historical, cultural, or scenic features;
(F) provides outstanding recreational and
educational opportunities; and
(G) has resources and traditional uses that have
national importance;
(2) residents, business interests, nonprofit organizations,
the Federal Government (including relevant Federal land
management agencies), and State, local, and tribal governments
within the study area--
(A) are involved in the planning; and
(B) have demonstrated significant support through
letters and other means for designation and management
of the Heritage Area; and
(3) the study area--
(A) has been identified; and
(B) is supported by State and local agencies, the
public, and private businesses.
SEC. 5. REPORT.
Not later than 3 fiscal years after the date on which funds are
made available to carry out the study, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives a report that
describes the findings, conclusions, and recommendations of the
Secretary with respect to the study.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as are necessary to carry out this Act.
|
Columbia-Pacific National Heritage Area Study Act - Directs the Secretary of the Interior to conduct a study to determine the feasibility of designating the study area of the coastal areas of Clatsop County, Oregon, and Pacific County, Washington (known as the North Beach Peninsula) and areas relating to Native American history, local history, Euro-American settlement culture, and related economic activities of the Columbia River within a corridor along such River eastward in Clatsop County, Oregon, and Pacific, Columbia, and Wahkiakum Counties, Washington, as the "Columbia-Pacific National Heritage Area."
|
{"src": "billsum_train", "title": "A bill to direct the Secretary of the Interior to conduct a study to determine the feasibility of establishing the Columbia-Pacific National Heritage Area in the States of Washington and Oregon, and for other purposes."}
| 1,955 | 135 | 0.427266 | 1.208994 | 0.58053 | 6.45045 | 17.171171 | 0.972973 |
SECTION 1. FINDINGS.
Congress finds as follows:
(1) Since 1935, the United States has owned a parcel of
land in Riverside, California, consisting of approximately 9.5
acres, more specifically described in section 2(a) (in this
section referred to as the ``property'').
(2) The property is administered by the Department of
Agriculture and has been variously used for research and plant
materials purposes.
(3) Since 1998, the property has been administered by the
Natural Resources Conservation Service.
(4) Since 2002, the property has been co-managed under a
cooperative agreement between the Natural Resources
Conservation Service and the Riverside Corona Resource
Conservation District, which is a legal subdivision of the
State of California under section 9003 of the California Public
Resources Code.
(5) The Conservation District wishes to acquire the
property and use it for conservation, environmental, and
related educational purposes.
(6) As provided in this Act, the conveyance of the property
to the Conservation District would promote the Conservation
District's conservation education and related purposes and
result in savings to the Federal Government.
SEC. 2. LAND CONVEYANCE, NATURAL RESOURCES CONSERVATION SERVICE
PROPERTY, RIVERSIDE COUNTY, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of Agriculture shall
convey and quitclaim to the Riverside Corona Resource Conservation
District (in this section referred to as the ``Conservation District'')
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, that is located at
4500 Glenwood Drive in Riverside, California, consists of approximately
9.5 acres, and is administered by the Natural Resources Conservation
Service of the Department of Agriculture. As necessary or desirable for
the conveyance under this subsection, the Secretary or the Conservation
District may survey all or portions of the property to be conveyed.
(b) Consideration.--
(1) Value in use.--Subject to paragraph (2), the
Conservation District shall pay to the Secretary an amount
equal to the value in use of the property to be conveyed under
subsection (a) as consideration for the conveyance of the
property.
(2) Required reductions.--The amount otherwise determined
under paragraph (1) shall be reduced by--
(A) the value of the improvements on the property
provided for by non-Federal sources; and
(B) the amount of any rental rate abatements
negotiated and agreed to by the Secretary for the
continued use of the property by the Department during
the 10-year period beginning upon the conveyance of the
property.
(c) Deposit and Use of Consideration.--The amounts received as
consideration under subsection (b) shall be credited to the applicable
appropriation of the Natural Resources Conservation Service for
conservation operations in California and shall remain available,
without further appropriation, until expended as the Secretary may
direct.
(d) Prohibition on Reservation of Interest.--The Secretary shall
not reserve any future interest in the property to be conveyed under
subsection (a), except that which may be acceptable to the Conservation
District.
(e) Hazardous Substances.--Notwithstanding section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), in the conveyance of the property under subsection (a),
the Secretary shall be only required to meet the disclosure
requirements for hazardous substances, pollutants, or contaminants, but
shall otherwise not be required to remediate or abate any such releases
of hazardous substances, pollutants, or contaminants, including
petroleum and petroleum derivatives.
(f) Cooperative Authority.--
(1) Leases, contracts, and cooperative agreements
authorized.--In conjunction with, or in addition to, the
conveyance under subsection (a), the Secretary may enter into
leases, contracts and cooperative agreements with the
Conservation District.
(2) Sole source.--Notwithstanding sections 3105, 3301, and
3303 to 3305 of title 41, United States Code, or any other
provision of law, the Secretary may lease real property from
the Conservation District on a noncompetitive basis.
(3) Non-exclusive authority.--The authority provided by
this subsection is in addition to any other authority of the
Secretary.
(g) Additional Terms and Conditions.--The Secretary may require
such reasonable terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States, except that the conveyance does not
require further administrative or environmental analyses or
examination.
|
Directs the Secretary of Agriculture (USDA) to convey and quitclaim all interest of the United States in and to a parcel of real property, including improvements, located at 4500 Glenwood Drive in Riverside, California, and administered by the Natural Resources Conservation Service, to the Riverside Corona Resource Conservation District.
|
{"src": "billsum_train", "title": "To provide for the conveyance of a small parcel of Natural Resources Conservation Service property in Riverside, California, and for other purposes."}
| 994 | 64 | 0.572625 | 1.645473 | 0.883363 | 5.350877 | 16.280702 | 0.964912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Indian Gambling Reform
Act of 2005''.
SEC. 2. CONSULTATION WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS.
Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is
amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) the Indian tribe has no reservation as of October 17,
1988, and the land is located in the State of Oklahoma and--
``(A) is within the boundaries of the former
reservation of the Indian tribe, as defined by the
Secretary; or
``(B) is contiguous to other land held in trust or
restricted status by the United States for the benefit
of the Indian tribe in the State of Oklahoma.'';
(2) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) in paragraph (4) (as redesignated by
subparagraph (A)), by striking ``paragraph (2)(B)'' and
inserting ``paragraph (3)(B)''; and
(C) by striking ``(b)(1) Subsection'' and all that
follows through clause (iii) of paragraph (1)(B) and
inserting the following:
``(b) Exceptions.--
``(1) In general.--
``(A) Effect on community.--Subject to subparagraph
(B) and paragraph (2), subsection (a) shall not apply
to Indian lands for which the Secretary, after
consultation with the Indian tribe and officials of all
State, local, and tribal governments that have
jurisdiction over land located within 60 miles of such
Indian lands, determines that a gaming establishment on
that land--
``(i) would be in the best interest of the
Indian tribe and its members; and
``(ii) taking into consideration the
results of a study of the economic impact of
the gaming establishment, would not have a
negative economic impact, or any other negative
effect, on any unit of government, business,
community, or Indian tribe located within 60
miles of the land.
``(B) Concurrence of affected state.--For a
determination of the Secretary under subparagraph (A)
to become valid, the Governor and legislative body of
the State in which a gaming activity is proposed to be
conducted shall concur in the determination.
``(C) Effect of paragraph.--This paragraph shall
not apply to any land on which a gaming facility is in
operation as of the date of enactment of the Common
Sense Indian Gambling Reform Act of 2005.
``(2) Primary nexus.--
``(A) In general.--The land described in paragraph
(1) shall be land--
``(i) within a State in which the Indian
tribe is primarily located, as determined by
the Secretary; and
``(ii) on which the primary geographic,
social, and historical nexus to land of the
Indian tribe is located, as determined in
accordance with subparagraph (B).
``(B) Determination.--For purposes of subparagraph
(A), a geographic, social, and historical nexus to land
of an Indian tribe shall exist with respect to land
that is--
``(i)(I) owned by, or held in trust by the
United States for the benefit of, an Indian
tribe;
``(II) located within the boundaries of--
``(aa) the geographical area, as
designated by the Secretary, in which
financial assistance and social service
programs are provided to the Indian
tribe, including land on or contiguous
to a reservation; or
``(bb) the geographical area
designated by the Indian tribe during
the Federal acknowledgment process of
the Indian tribe as the area in which
more than 50 percent of the members of
the Indian tribe reside in a group
composed exclusively or almost
exclusively of members of the Indian
tribe; and
``(III) located within the geographical
area in which the Indian tribe demonstrates
that the Indian tribe has historically resided,
as determined by the Secretary; or
``(ii) located--
``(I) in a State other than the
State of Oklahoma; and
``(II) within the boundaries of the
last recognized reservation of the
Indian tribe in any State in which the
Indian tribe is located as of the date
on which a determination under this
subparagraph is made.'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(4) by inserting after subsection (b) the following:
``(c) Contiguous Land Requirement.--Notwithstanding any other
provision of this Act, an Indian tribe shall conduct any gaming
activity subject to regulation under this Act on 1 contiguous parcel of
Indian lands.''.
SEC. 3. TRIBAL GAMING ORDINANCES.
Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``, and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) the class II gaming is conducted--
``(i) on lands that were Indian lands
before the date of enactment of this
subparagraph; or
``(ii) on land taken into trust for the
benefit of the Indian tribe after the date of
enactment of this subparagraph, but only if the
application of the Indian tribe requesting that
the land be taken into trust for the benefit of
the Indian tribe stated the intent of the
Indian tribe to conduct class II gaming
activities on the land.''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``such lands,'' and inserting ``the
Indian lands;'';
(II) in clause (ii), by striking
``, and'' and inserting ``; and''; and
(III) in clause (iii), by striking
the comma at the end and inserting a
semicolon;
(ii) in subparagraph (B), by striking ``,
and'' and inserting a semicolon;
(iii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) conducted--
``(i) on lands that were Indian lands
before the date of enactment of this
subparagraph; or
``(ii) on land taken into trust for the
benefit of the Indian tribe after the date of
enactment of this subparagraph, but only if the
application of the Indian tribe requesting that
the land be taken into trust for the benefit of
the Indian tribe stated the intent of the
Indian tribe to conduct class III gaming
activities on the land.''; and
(B) by adding at the end the following:
``(10) Definition of state.--In this subsection, the term
`State' means the Governor of the State and the legislative
body of the State.''.
SEC. 4. INVESTIGATION AND APPROVAL.
(a) Powers of the Chairman.--Section 6(a) of the Indian Gaming
Regulatory Act (25 U.S.C. 2705(a)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) approve or disapprove the involvement in a gaming
activity subject to regulation by the Commission of any 1 of
the 10 persons or entities that have the highest financial
interest in the gaming activity, as identified by the
Commission under section 7(b)(3)(A).''.
(b) Powers of the Commission.--Section 7(b) of the Indian Gaming
Regulatory Act (25 U.S.C. 2706(b)) is amended by striking paragraph (3)
and inserting the following:
``(3) shall--
``(A) identify the 10 persons or entities that have
the highest financial interest (including outstanding
loans, debt-based financing, and other financial
interests) in each gaming activity subject to
regulation by the Commission; and
``(B) conduct a background investigation of--
``(i) each of the persons and entities
identified under subparagraph (A); and
``(ii) any other person or entity, as the
Commission determines to be appropriate.''.
(c) Tribal Gaming Ordinances.--Section 11(b)(2)(F) of the Indian
Gaming Regulatory Act (25 U.S.C. 2710(b)(2)(F)) is amended by striking
clause (i) and inserting the following:
``(i) ensures that--
``(I) a background investigation
will be conducted by the Commission
on--
``(aa) each tribal gaming
commissioner;
``(bb) key tribal gaming
employees, as determined by the
Commission;
``(cc) primary management
officials; and
``(dd) key employees of the
gaming enterprise; and
``(II) oversight of the individuals
described in subclause (I) will be
conducted on an ongoing basis; and''.
(d) Commission Funding.--Section 18(a)(2)(B) of the Indian Gaming
Regulatory Act (25 U.S.C. 2717(a)(2)(B)) is amended by striking
``$8,000,000'' and inserting ``$16,000,000''.
SEC. 5. CHANGING USE OF INDIAN LAND.
The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is
amended--
(1) by redesignating sections 21 through 24 as sections 22
through 25, respectively; and
(2) by inserting after section 20 the following:
``SEC. 21. CHANGING USE OF INDIAN LANDS.
``Before an Indian tribe uses any Indian lands for purposes of
class II or class III gaming, the Indian tribe shall--
``(1) submit to the Secretary an environmental impact
statement that the Secretary determines to be in accordance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) relating to that use; and
``(2) obtain the consent of the Secretary with respect to
the change in use of the Indian lands.''.
SEC. 6. EFFECT OF ACT.
This Act, and the amendments made by this Act, shall not affect any
compact or other agreement relating to gaming subject to regulation
under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) in
existence on the date of enactment of this Act.
|
Common Sense Indian Gambling Reform Act - Amends the Indian Gaming Regulatory Act with respect to: (1) consultation with state, local, and tribal governments; (2) tribal gaming ordinances; (3) investigation and approval of the involvement in a gaming activity; and (4) changing use of Indian land.
|
{"src": "billsum_train", "title": "A bill to make technical corrections to the Indian Gaming Regulatory Act, and for other purposes."}
| 2,512 | 63 | 0.555224 | 1.24895 | 0.672212 | 4.262295 | 37.639344 | 0.983607 |
SECTION 1. ESTABLISHMENT OF INITIATIVE FOR FOOD AND OTHER ASSISTANCE
FOR INDIVIDUALS IN INDONESIA AND SOUTHEAST ASIA AFFECTED
BY THE ASIAN FINANCIAL CRISIS.
(a) Establishment of Initiative.--
(1) In general.--The Administrator of the United States
Agency for International Development, in coordination with the
Secretary of Agriculture, shall establish an initiative for
food and other assistance for individuals in Indonesia and
Southeast Asia who are affected by the Asian financial crisis.
(2) Conduct of food security elements of initiative.--In
carrying out the food security elements of the initiative
described in paragraph (1), the Administrator--
(A) shall establish, where appropriate,
agricultural commodity distribution technical
assistance, agricultural research, extension, farmer-
to-farmer, and food assistance programs; and
(B) shall provide assistance to nongovernmental
organizations, including private voluntary
organizations and cooperatives, for programs to provide
food assistance in accordance with subsection (b).
(b) Assistance to Nongovernmental Organizations.--
(1) Request for funds.--In order to receive funds made
available under subsection (a)(2)(B), a nongovernmental
organization, private voluntary organizations, or cooperative
shall submit a request for funds in accordance with section
202(e) of the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1722(e)).
(2) Approval/disapproval procedures.--A request for funds
submitted by a nongovernmental organization, private voluntary
organizations, or cooperative under paragraph (1) shall be
approved or disapproved by the Administrator of the United
States Agency for International Development in accordance with
approval and disapproval procedures applicable to programs
under title II of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1721 et seq.).
(c) Duration of Programs.--A program described in subsection (a)
may be conducted for a period not to exceed 4 years.
(d) Funding.--
(1) Overall funding of initiative.--
(A) In general.--Of the amounts made available for
fiscal year 1999 for assistance under chapter 1 of part
I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.; relating to development assistance) and
chapter 4 of part II of such Act (22 U.S.C. 2346 et
seq.; relating to the economic support fund),
$100,000,000 shall be made available for such fiscal
year to carry out subsection (a)(2)(A).
(B) Sub-earmarks.--Of the amount available under
subparagraph (A)--
(i) not less than 50 percent shall be made
available to address food, medical, fuel, and
other shortages in Indonesia and Southeast
Asia, and for such other immediate and
inexpensive actions that can expedite the
distribution of items to address such
shortages;
(ii) not less than 80 percent of the amount
of assistance made available for Indonesia
shall be made available, administered, or
distributed through indigenous nongovernmental
or private voluntary organizations;
(iii) not less than $6,000,000 shall be
made available to support the development of
political institutions and parties in Indonesia
and Southeast Asia;
(iv) not less than $8,000,000 shall be made
available to improve transparency and
regulation of banking, financial, insurance,
and securities institutions in Indonesia and
Southeast Asia; and
(v) not less than $8,000,000 shall be made
available to support legal and judicial reforms
in Indonesia and Southeast Asia.
(2) Assistance to nongovernmental organizations.--Of the
amounts made available for fiscal year 1999 for assistance
under title II of the Agricultural Trade Development and
Assistance Act of 1954, not less than $60,000,000 shall be made
available for such fiscal year to carry out subsection
(a)(2)(B).
(3) Availability of amounts.--Amounts made available under
paragraphs (1) and (2) are authorized to remain available until
expended.
|
Directs the Administrator of the U.S. Agency for International Development (AID) to establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia affected by the Asian financial crisis.
Directs the Administrator of AID, in carrying out the food security elements of the initiative, to: (1) establish, where appropriate, agricultural commodity distribution technical assistance, agricultural research, extension, farmer-to-farmer, and food assistance programs; and (2) provide assistance to nongovernmental organizations, including private voluntary organizations and cooperatives, for programs (of up to four years in duration) to provide food assistance under this Act.
Earmarks certain developmental and agricultural assistance and economic support fund assistance for the food security initiative, including assistance for: (1) food, medical, fuel, and other shortages in Indonesia and Southeast Asia; (2) developing political institutions and parties in Indonesia and Southeast Asia; (3) improvement of transparency and regulation of banking, financial, insurance, and securities institutions; and (4) support of legal and judicial reforms. Requires that at least 80 percent of the assistance to Indonesia be administered or distributed through indigenous nongovernmental or private voluntary organizations.
|
{"src": "billsum_train", "title": "To establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia who are affected by the Asian financial crisis."}
| 851 | 236 | 0.627404 | 1.954666 | 0.864504 | 4.073276 | 3.306034 | 0.909483 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Trade Practices Act of 1996''.
SEC. 2. REPORT BY THE PRESIDENT; SANCTIONS.
(a) Report.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, and annually thereafter, the
President shall submit a report to the Congress that--
(A) identifies foreign persons and concerns that
engage in foreign corrupt trade practices and foreign
countries that do not have in effect or do not enforce
laws that are similar to the Foreign Corrupt Practices
Act of 1977; and
(B) contains information regarding--
(i) existing corrupt trade practices of
foreign persons and concerns; and
(ii) efforts by the governments of foreign
countries to stop corrupt trade practices by
private persons and government officials of
those countries through enactment and
enforcement of laws similar to the Foreign
Corrupt Practices Act of 1977.
(2) Definition of corrupt trade practice.--For purposes of
this section, the term ``corrupt trade practice'' means a
practice that would violate the prohibition described in
section 104(h) of the Foreign Corrupt Practices Act of 1977 if
engaged in by a domestic concern.
(b) Sanctions.--
(1) In general.--If the President determines that a country
identified in subsection (a)(1)(A) is not making a good faith
effort to enact or enforce the laws described in subsection
(a)(1)(B)(ii), the President is authorized and directed to
impose the sanctions described in paragraph (2).
(2) Sanctions described.--
(A) Reduction in foreign aid.--Fifty percent of the
assistance made available under part I of the Foreign
Assistance Act of 1961 and allocated each fiscal year
pursuant to section 653 of such Act for a country shall
be withheld from obligation and expenditure for any
fiscal year in which a determination has been made
under paragraph (1) with respect to the country.
(B) Multilateral development bank assistance.--The
United States Government shall oppose, in accordance
with section 701 of the International Financial
Institutions Act (22 U.S.C. 262d), the extension of any loan or
financial or technical assistance by international financial
institutions to any country described in paragraph (1).
(c) Duration of Sanctions.--Any sanction imposed against a country
under subsection (b)(2) shall remain in effect until such time as the
President certifies to the Congress that such country has enacted and
is enforcing the laws described in subsection (a)(1)(B)(ii).
(d) Waiver.--Any sanctions described in subsection (b) may be
delayed or waived upon certification of the President to the Congress
that it is in the national interest to do so.
SEC. 3. SANCTIONS AGAINST PERSONS AND BUSINESS ENTITIES.
(a) Imposition of Sanctions on Foreign Persons and Concerns
Engaging in Certain Corrupt Business Practices.--The President shall
impose the sanctions described in subsection (b), to the fullest extent
consistent with international obligations, if the President certifies
to the Congress that--
(1) a foreign person or concern has engaged in the conduct
described in section 104(h) of the Foreign Corrupt Practices
Act of 1977, and such conduct has placed a United States
concern at a competitive disadvantage,
(2) the President has consulted with the foreign country
having primary jurisdiction over such conduct in an effort to
get the government of that country to impose sanctions against
such foreign person or concern,
(3) a period of 90 days has elapsed since the President
first consulted with the foreign country, and
(4) the country has not taken action against such person or
concern.
The 90-day period referred to in the preceding sentence may be extended
for an additional 90 days if the President determines sufficient
progress has been made in consultation with the foreign country to
justify such an extension.
(b) Sanctions.--
(1) In general.--The sanctions to be imposed pursuant to
subsection (a) are as follows:
(A) Procurement sanction.--The United States
Government shall not procure, or enter into any
contract for the procurement of, any goods or services
from any foreign person or concern that engages in the
unlawful conduct described in subsection (a)(1).
(B) License ban.--The United States Government
shall not issue any license or other authority to
conduct business in the United States to any foreign
person or concern that engages in the unlawful conduct
described in subsection (a)(1).
(2) Waiver.--Any penalties or sanctions imposed under this
section may be delayed or waived upon certification of the
President to Congress that it is in the national interest to do
so.
(c) Definitions.--For purposes of this section--
(1) Foreign concern.--The term ``foreign concern'' means
any corporation, partnership, association, joint stock company,
business trust, unincorporated organization, or sole
proprietorship which has its principal place of business in a
country other than the United States, or which is organized
under the laws of a country other than the United States.
(2) Foreign person.--The term ``foreign person'' means any
individual who is a citizen or national of a country other than
the United States.
|
Fair Trade Practices Act of 1996 - Directs the President to report annually to the Congress the identities of: (1) foreign persons and concerns that engage in certain foreign corrupt trade practices; and (2) foreign countries that do not have in effect or do not enforce laws similar to the Foreign Corrupt Practices Act of 1977.
Authorizes the President to impose specified sanctions upon countries that are not making a good faith effort to enact or enforce such laws.
|
{"src": "billsum_train", "title": "Fair Trade Practices Act of 1996"}
| 1,168 | 95 | 0.621782 | 1.553346 | 1.144779 | 4.337079 | 11.752809 | 0.94382 |
SECTION 1. REDESIGNATION OF TITLE OF NATIONAL CEMETERY SYSTEM.
The title of the National Cemetery System of the Department of
Veterans Affairs is hereby redesignated as the National Cemetery
Administration.
SEC. 2. REDESIGNATION OF POSITION OF DIRECTOR OF THE NATIONAL CEMETERY
SYSTEM.
The position of Director of the National Cemetery System of the
Department of Veterans Affairs is hereby redesignated as Assistant
Secretary for Memorial Affairs.
SEC. 3. ASSISTANT SECRETARIES.
Section 308(a) of title 38, United States Code, is amended by--
(1) in subsection (a) thereof, changing the period at the
end of the first sentence of that subsection to a comma and
adding the following at the end of that sentence: ``in addition
to the Assistant Secretary for Memorial Affairs'';
(2) in subsection (b) thereof, by inserting ``other than
the Assistant Secretary for Memorial Affairs'' after
``Assistant Secretaries''; and
(3) in subsection (c) thereof, by inserting ``pursuant to
subsection (b)'' after ``Assistant Secretary''.
SEC. 4. TITLE 38 CONFORMING AMENDMENTS.
(a) Title 38, United States Code, is amended by striking out
``Director of the National Cemetery System'' each place it appears
(including in headings and tables) and inserting in lieu thereof
``Assistant Secretary for Memorial Affairs''.
(b) Section 301(c) of title 38, United States Code, is amended by
striking out ``System'' in subsection (c)(4) and inserting in lieu
thereof ``Administration''.
(c) Section 307 of title 38, United States Code, is amended--
(1) by striking out ``a'' in the first sentence and
inserting in lieu thereof ``an'';
(2) by striking out ``Director'' in the second sentence and
inserting in lieu thereof ``Assistant Secretary for Memorial
Affairs''; and
(3) by striking out ``System'' in the second sentence and
inserting in lieu thereof ``Administration''.
(d)(1) Section 2306(d) of title 38, United States Code, is amended
by striking out ``within the National Cemetery System'' in the first
sentence of subsection (d)(1) and inserting in lieu thereof ``under the
control of the National Cemetery Administration''.
(2) Section 2306(d) of title 38, United States Code, is amended by
striking out ``within the National Cemetery System'' in subsection
(d)(2) and inserting in lieu thereof ``under the control of the
National Cemetery Administration''.
(e)(1) The table of sections at the beginning of chapter 24 of
title 38, United States Code, is amended by striking out
``Establishment of National Cemetery System; composition of such
system; appointment of director.'' and inserting in lieu thereof
``Establishment of National Cemetery Administration; authority of such
Administration; appointment of Assistant Secretary.''.
(2) The heading of section 2400 of title 38, United States Code, is
amended by striking out ``Establishment of National Cemetery System;
composition of such system; appointment of director'' and inserting in
lieu thereof ``Establishment of National Cemetery Administration;
authority of such Administration; appointment of Assistant Secretary''.
(3) Section 2400(a) of title 38, United States Code, is amended by
striking out ``shall be within the Department a National Cemetery
System'' in the first sentence and inserting in lieu thereof ``is
within the Department a National Cemetery Administration responsible''
in the first sentence and by striking out ``Such system'' in the second
sentence and inserting in lieu thereof ``The National Cemetery
Administration''.
(4) Section 2400(b) of title 38, United States Code, is amended by
striking out ``The National Cemetery System'' and inserting ``National
cemeteries and other facilities under the control of the National
Cemetery Administration'' in lieu thereof.
(5) Section 2402 of title 38, United States Code, is amended by
striking out ``in the National Cemetery System'' and inserting ``under
the control of the National Cemetery Administration'' in lieu thereof.
(6) Section 2403(c) of title 38, United States Code, is amended by
striking out ``in the National Cemetery System created by this
chapter'' and inserting ``under the control of the National Cemetery
Administration'' in lieu thereof.
(7) Section 2405(c) of title 38, United States Code, is amended by
striking out ``within the National Cemetery System'' and inserting in
lieu thereof ``under the control of the National Cemetery
Administration'' and by striking out ``within such System'' and
inserting in lieu thereof ``under the control of such Administration''.
(8) Section 2408(c) of title 38, United States Code, is amended by
striking out ``in the National Cemetery System'' in subsection (c)(1)
and inserting ``under the control of the National Cemetery
Administration'' in lieu thereof.
SEC. 5. EXECUTIVE SCHEDULE CONFORMING AMENDMENT.
Section 5315 of title 5, United States Code, is amended by striking
out ``(6)'' following ``Assistant Secretaries, Department of Veterans
Affairs'' and inserting in lieu thereof ``(7)'' and by striking out
``Director of the National Cemetery System.''
SEC. 6. REFERENCES IN OTHER LAWS.
(a) Any reference to the National Cemetery System in any Federal
law, Executive order, rule, regulation, delegation of authority, or
document of or pertaining to the Department of Veterans Affairs, which
reference pertains to the organization within that Department which
controls the Department's national cemeteries shall be deemed to refer
to the National Cemetery Administration.
(b) Any reference to the Director of the National Cemetery System
in any Federal law, Executive order, rule, regulation, delegation of
authority, or document of or pertaining to the Department of Veterans
Affairs shall be deemed to refer to the Assistant Secretary for
Memorial Affairs.
|
Redesignates the: (1) National Cemetery System of the Department of Veterans Affairs as the National Cemetery Administration; and (2) position of Director of the System as the Assistant Secretary for Memorial Affairs.
|
{"src": "billsum_train", "title": "A bill to redesignate the title of the National Cemetery System and the position of the Director of the National Cemetery System."}
| 1,363 | 38 | 0.614868 | 1.438147 | 0.784776 | 3.75 | 31.3 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorism Risk Insurance Extension
Act of 2004''.
SEC. 2. EXTENSION OF TERRORISM RISK INSURANCE PROGRAM.
(a) Extension of Program Years.--Section 108(a) of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2336) is
amended by striking ``2005'' and inserting ``2007''.
(b) Continuing Authority of the Secretary.--Section 108(b) of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat.
2336) is amended by striking ``arising out of'' and all that follows
through ``this title''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Definitions.--
(1) Program years.--Section 102(11) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2326) is
amended by adding at the end the following:
``(E) Program year 4.--The term `Program Year 4'
means the period beginning on January 1, 2006 and
ending on December 31, 2006.
``(F) Program year 5.--The term `Program Year 5'
means the period beginning on January 1, 2007 and
ending on December 31, 2007.
``(G) Other program years.--Except when used as
provided in subparagraphs (B) through (F), the term
`Program Year' means, as the context requires, any of
Program Year 1, Program Year 2, Program Year 3, Program
Year 4, or Program Year 5.''.
(2) Insured losses.--Section 102(5) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2324) is
amended--
(A) by inserting ``on or before December 31, 2007,
as required by this title,'' before ``if such loss'';
(B) by striking ``(A) occurs within'' and inserting
the following:
``(A) occurs on or before the earlier of the
expiration date of the insurance policy or December 31,
2008; and
``(B) occurs--
``(i) within''; and
(C) by striking ``occurs to an air carrier'' and
inserting the following:
``(ii) to an air carrier''.
(3) Conforming amendments.--Section 102 of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat.
2323) is amended--
(A) in paragraph (1)(A)(iii)(I), by striking
``(5)(B)'' and inserting ``(5)(B)(ii)''; and
(B) in paragraph (4), by striking ``subparagraphs
(A) and (B)'' and inserting ``subparagraph (B)''.
(b) Applicable Insurer Deductibles.--Section 102(7) of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat.
2325) is amended--
(1) in subparagraph (D)--
(A) by inserting ``and each Program Year
thereafter'' before ``, the value''; and
(B) by striking ``preceding Program Year 3'' and
inserting ``preceding that Program Year''; and
(2) in subparagraph (E), by striking ``for the Transition''
and all that follows through ``Program Year 3'' and inserting
the following: ``for the Transition Period or any Program
Year''.
(c) Continuation of Mandatory Availability.--Section 103(c)(1) of
the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116
Stat. 2327) is amended--
(1) by striking ``last day of Program Year 2'' and
inserting ``termination date established under section
108(a)''; and
(2) by striking the paragraph heading and inserting ``In
general.--''.
(d) Duration of Policies.--Section 103(c) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2327) is
amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Mandatory duration.--Coverage for insured losses
required by paragraph (1) under a policy issued at any time
during Program Year 5 shall remain in effect for not less than
1 year following the date of issuance of the policy, except
that no loss occurring after the earlier of the expiration date
of the subject insurance policy or December 31, 2008, shall be
considered to be an insured loss for purposes of this title.''.
(e) Insured Loss Shared Compensation.--Section 103(e) of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat.
2328) is amended--
(1) in paragraph (2)(A), by striking ``ending on'' and all
that follows through ``Program Year 3'' and inserting ``ending
on the termination date established under section 108(a)''; and
(2) in paragraph (3), by striking ``ending on'' and all
that follows through ``Program Year 3'' and inserting ``ending
on the termination date established under section 108(a)''.
(f) Aggregate Retention Amount.--Section 103(e)(6) of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2328) is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(D) for Program Year 4, the lesser of--
``(i) $17,500,000,000; and
``(ii) the aggregate amount, for all
insurers, of insured losses during such Program
Year; and
``(E) for Program Year 5, the lesser of--
``(i) $20,000,000,000; and
``(ii) the aggregate amount, for all
insurers, of insured losses during such Program
Year.''.
SEC. 4. COVERAGE OF GROUP LIFE INSURANCE.
Section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C.
6701 note, 116 Stat. 2327) is amended by striking subsection (h) and
inserting the following:
``(h) Applicability to Group Life Insurance.--
``(1) In general.--The Secretary shall, by rule, apply the
provisions of this title to providers of group life insurance,
in the manner determined appropriate by the Secretary,
consistent with the purposes of this title.
``(2) Consistent application.--The rules of the Secretary
under this subsection shall, to the extent practicable, apply
the provisions of this title to providers of group life
insurance in a similar manner as those provisions apply to an
insurer otherwise under this title.
``(3) Considerations.--In determining the applicability of
this title to providers of group life insurance, and the manner
of such application, the Secretary shall consider the overall
group life insurance market size, and shall consider the
establishment of separate retention amounts for such providers.
``(4) Rulemaking required.--Not later than 90 days after
the date of enactment of the Terrorism Risk Insurance Extension
Act of 2004, the Secretary shall issue final regulations to
carry out this subsection.
``(5) Rule of construction.--Nothing in this subsection may
be construed to affect or otherwise alter the applicability of
this title to any insurer, as defined in section 102.
``(6) Definition.--As used in this subsection, the term
`group life insurance' means an insurance contract that
provides term life insurance coverage, accidental death
coverage, or a combination thereof, for a number of persons
under a single contract, on the basis of a group selection of
risks.''.
SEC. 5. RECOMMENDATIONS FOR LONG-TERM SOLUTIONS.
Section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C.
6701 note, 116 Stat. 2328) is amended by adding at the end the
following:
``(e) Recommendations for Long-Term Solutions.--The Presidential
Working Group on Financial Markets shall, in consultation with the
NAIC, representatives of the insurance industry, and representatives of
policy holders, not later than June 30, 2006, submit a report to
Congress containing recommendations for legislation to address the
long-term availability and affordability of insurance for terrorism
risk.''.
|
Terrorism Insurance Extension Act of 2004 - Amends the Terrorism Risk Insurance Act of 2002 (TRIA) to extend the terrorism risk insurance program from 2005 through 2007.
Repeals the condition on the authority of the Secretary of the Treasury to pay or adjust compensation for insured losses after termination of the program that limits such losses to those arising from an act of terrorism occurring only during the period in which the program was in effect.
Defines "Program Year 4" as calendar 2006 and "Program Year 5" as calendar 2007.
Increases the insurance marketplace aggregate retention amount for Program Years 4 and 5.
Directs the Secretary to apply TRIA to providers of group life insurance.
Instructs the Presidential Working Group on Financial Markets to report to Congress its recommendations for legislation to address the long-term availability and affordability of insurance for terrorism risk.
|
{"src": "billsum_train", "title": "A bill to extend the applicability of the Terrorism Risk Insurance Act of 2002."}
| 2,062 | 181 | 0.592474 | 1.533446 | 0.785465 | 2.716049 | 10.802469 | 0.814815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jumpstart Our Businesses by
Supporting Students Act of 2015'' or the ``JOBS Act of 2015''.
SEC. 2. JOB TRAINING FEDERAL PELL GRANTS.
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a)
is amended by adding at the end the following:
``(k) Job Training Federal Pell Grant Program.--
``(1) In general.--For award years beginning on or after
award year 2016-2017, the Secretary shall carry out a program
through which the Secretary shall award job training Federal
Pell Grants to students in job training programs. Each job
training Federal Pell Grant awarded under this subsection shall
have the same terms and conditions, and be awarded in the same
manner, as a Federal Pell Grant awarded under subsection (a),
except as follows:
``(A) A student who is eligible to receive a job
training Federal Pell Grant under this subsection is a
student who--
``(i) has not yet attained a baccalaureate
degree or postbaccalaureate degree;
``(ii) attends an institution of higher
education as defined in section 102;
``(iii) is enrolled, or accepted for
enrollment, in a job training program at such
institution of higher education; and
``(iv) meets all other eligibility
requirements for a Federal Pell Grant (except
with respect to the type of program of study,
as provided in clause (iii)).
``(B) The amount of a job training Federal Pell
Grant for an eligible student shall be determined under
subsection (b)(2)(A), except that--
``(i) the maximum Federal Pell Grant
awarded under this subsection for an award year
shall be 50 percent of the maximum Federal Pell
Grant awarded under subsection (b) applicable
to that award year;
``(ii) no increase shall be calculated
under subsection (b)(7)(B) for a student
receiving a job training Federal Pell Grant
under this subsection; and
``(iii) subsection (b)(4) shall not apply.
``(2) Inclusion in total eligibility period.--Any period
during which a student receives a job training Federal Pell
Grant under this subsection shall be included in calculating
the student's period of eligibility for Federal Pell Grants
under subsection (c), and any regulations under such subsection
regarding students who are enrolled in an undergraduate program
on less than a full-time basis shall similarly apply to
students who are enrolled in a job training program at an
eligible institution on less than a full-time basis.
``(3) Definitions.--In this subsection, the following
definitions apply:
``(A) Eligible career pathways program.--The term
`eligible career pathway program' means a program that
is part of a career pathway, as defined under section
3(7) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102(7)), that is a combination of rigorous
and high-quality education, training, and other
services that--
``(i) aligns with the skill needs of
industries in the State or regional economy
involved;
``(ii) prepares an individual to be
successful in any of a full range of secondary
or postsecondary education options, including
apprenticeships registered under the Act of
August 16, 1937 (commonly known as the
`National Apprenticeship Act'; 50 Stat. 664; 29
U.S.C. 50 et seq.);
``(iii) includes counseling to support an
individual in achieving the individual's
education and career goals;
``(iv) includes, as appropriate, education
offered concurrently with and in the same
context as workforce preparation activities and
training for a specific occupation or
occupational cluster;
``(v) organizes education, training, and
other services to meet the particular needs of
an individual in a manner that accelerates the
educational and career advancement of the
individual to the extent practicable;
``(vi) enables an individual to attain a
secondary school diploma or its recognized
equivalent, and at least 1 recognized
postsecondary credential; and
``(vii) helps an individual enter or
advance within a specific occupation or
occupational cluster.
``(B) Job training program.--The term `job training
program' means a career and technical education program
at an institution of higher education that--
``(i) provides not less than 150 clock
hours of instructional time over a period of
not less than 8 weeks;
``(ii) provides training aligned with the
requirements of employers in the State or local
area, which may include in-demand industry
sectors or occupations in the State or local
area, as defined under section 3(23) of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3102(23));
``(iii) provides a student, upon completion
of the program, with a recognized postsecondary
credential, as defined under section 3(52) of
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102(52)), that is recognized by
employers in the relevant industry, including
credentials recognized by industry or sector
partnerships in the State or local area where
the industry is located;
``(iv) has been determined, by the
institution of higher education, to provide
academic content, an amount of instructional
time, and a recognized postsecondary credential
that are sufficient to--
``(I) meet the hiring requirements
of potential employers; and
``(II) allow the students to apply
for any licenses or certifications that
may be required to be employed in the
field for which the job training is
offered;
``(v) may include integrated or basic
skills courses; and
``(vi) may be offered as part of an
eligible career pathways program.''.
|
Jumpstart Our Businesses by Supporting Students Act of 2015 or the JOBS Act of 2015 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to establish the Job Training Federal Pell Grant Program. The Department of Education must award job training Federal Pell Grants to eligible students. An eligible student is one who does not have a degree, attends an institution of higher education (IHE), is enrolled in a job training program at such IHE, and meets all other eligibility requirements for a Federal Pell Grant. The maximum job training Federal Pell Grant award is 50% of the discretionary base maximum award specified in annual appropriations law. Any period during which a student receives a job training Federal Pell Grant counts toward that student's Federal Pell Grant eligibility period.
|
{"src": "billsum_train", "title": "JOBS Act of 2015"}
| 1,302 | 175 | 0.646962 | 1.695297 | 0.782145 | 3.182432 | 8.209459 | 0.871622 |
SECTION 1. HOME HEATING OIL AND PROPANE CONSUMERS.
(a) Definitions.--For purposes of this section:
(1) Carbon content.--The term ``carbon content'' means the
amount of carbon dioxide that will be emitted as a result of
the combustion of a fuel.
(2) Cost-effective.--The term ``cost-effective'', with
respect to an energy efficiency program or measure, means that
the program or measure meets the Total Resource Cost Test,
which requires that the net present value of economic benefits
over the life of the program or measure, including avoided
supply and delivery costs and deferred or avoided investments,
is greater than the net present value of the economic costs
over the life of the program or measure, including program
costs and incremental costs borne by the energy consumer.
(b) Allocation.--Not later than September 30 of each of calendar
years 2012 through 2030, the Administrator shall distribute among the
States, in accordance with this section, 1.5 percent of the emission
allowances that the Administrator has established for the year in which
such distribution is made (adjusted as necessary to preserve budget
neutrality).
(c) Distribution Among States.--The Administrator shall distribute
allowances among the States under this section each year ratably based
on the ratio of--
(1) the carbon content of home heating oil and propane sold
to consumers within each State in the preceding year for
residential or commercial uses; to
(2) the carbon content of home heating oil and propane sold
to consumers within the United States in the preceding year for
residential or commercial uses.
(d) Sale of Allowances.--Each State receiving emission allowances
under this section shall sell such allowances within 1 year of receipt,
either directly or through consignment to the Administrator for
auction. Emission allowances distributed under this section that are
not sold within 1 year of receipt by a State shall be returned to the
Administrator, who shall distribute such allowances to the remaining
States ratably in accordance with the formula in subsection (c).
(e) Use of Proceeds.--
(1) In general.--States shall use the proceeds from sales
of emission allowances distributed under this section
exclusively for the benefit of consumers of home heating oil or
propane for residential or commercial purposes. Such proceeds
shall be used exclusively for--
(A) cost-effective energy efficiency programs for
consumers that use home heating oil or propane for
residential or commercial purposes; or
(B) rebates or other direct financial assistance
programs for consumers of home heating oil or propane
used for residential or commercial purposes.
(2) Administration and delivery mechanisms.--In
administering programs funded under this section, States
shall--
(A) use no less than 50 percent of funds provided
under this section for cost-effective efficiency
programs to reduce consumers' overall fuel costs;
(B) use no more than 5 percent of funds provided
under this section for administrative expenses;
(C) to the extent practicable, deliver funding
under this section through existing energy efficiency
and consumer energy assistance programs or delivery
mechanisms, including, where appropriate, programs or
mechanisms administered by parties other than the
State;
(D) seek to coordinate the administration and
delivery of energy efficiency and consumer energy
assistance programs funded under this section, with one
another and with existing programs for various fuel
types, so as to deliver comprehensive, fuel-blind,
coordinated programs to consumers; and
(E) ensure that funding provided under this section
does not displace or substitute for existing or
alternative sources of funding for energy efficiency
and consumer energy assistance programs.
(f) Reporting.--Each State receiving emission allowances under this
section shall submit to the Administrator, within 12 months of each
receipt of such allowances, a report, in accordance with such
requirements as the Administrator may prescribe, that--
(1) describes the State's use of proceeds of sales of
emission allowances distributed under this section, including a
description of the energy efficiency and consumer assistance
programs funded through such proceeds;
(2) demonstrates the cost-effectiveness of, and the energy
savings achieved by, energy efficiency programs funded through
this section; and
(3) includes a report prepared by an independent third
party, in accordance with such regulations as the Administrator
may promulgate, evaluating the performance of the energy
efficiency and consumer assistance programs funded under this
section.
(g) Enforcement.--If the Administrator determines that a State is
not in compliance with this section, the Administrator may withhold a
portion of the allowances, the value of which is equal to up to twice
the value of the allowances that the State failed to use in accordance
with the requirements of this section, that such State would otherwise
be eligible to receive under this section in later years. Allowances
withheld pursuant to this subsection shall be distributed among the
remaining States ratably in accordance with the formula in subsection
(c).
|
Directs the Administrator of the Environmental Protection Agency (EPA), by September 30 of each calendar year 2012-2030, to distribute among the states 1.5% of the emission allowances that the Administrator has established for the year.
Requires the Administrator to distribute emission allowances among the states ratably each year, based on the ratio of: (1) the carbon content of home heating oil and propane sold to consumers within each state in the preceding year for residential or commercial purposes; to (2) the carbon content of home heating oil and propane sold that year for such purposes throughout the United States.
Directs each state receiving emission allowances to sell them within one year of receipt, either directly or through consignment to the Administrator for auction. Requires any emission allowances that are not sold within one year of receipt to be returned to the Administrator, who shall distribute them to the remaining states ratably in accordance with the formula.
Requires states to use the proceeds from such sales exclusively for the benefit of consumers of home heating oil or propane for residential or commercial purposes, particularly: (1) cost-effective energy efficiency programs; or (2) rebates or other direct financial assistance programs for them.
|
{"src": "billsum_train", "title": "To use tradable greenhouse gas emission allowances under the American Clean Energy and Security Act of 2009 to provide assistance to residential and commercial consumers of home heating oil and propane in reducing the effective costs of such fuels through State programs to deliver cost-effective efficiency programs and other consumer assistance."}
| 1,021 | 246 | 0.724127 | 2.180953 | 0.803329 | 5.086207 | 4.306034 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Housing Enhancement
Act of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there exist--
(A) a unique relationship between the Government of
the United States and the governments of Indian tribes;
and
(B) a unique Federal trust responsibility to Indian
people;
(2) Native Americans experience some of the worst housing
conditions in the country, with--
(A) 32.6 percent of Native homes being overcrowded;
(B) 33 percent lacking adequate solid waste
management systems;
(C) 8 percent lacking a safe indoor water supply;
and
(D) approximately 90,000 Native families who are
homeless or underhoused;
(3) the poverty rate for Native Americans is twice that of
the rest of the population of the United States;
(4) the population growth of Native Americans that began in
the latter part of the 20th century increased the need for
Federal housing services;
(5)(A) under the requirements of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.), members of Indian tribes are given
preference for housing programs;
(B) a primary purpose of the Act is to allow Indian tribes
to leverage funds with other Federal and private funds;
(C) the Department of Agriculture has been a significant
funding source for housing for Indian tribes; and
(D) to allow assistance provided under the Act and
assistance provided by the Secretary of Agriculture under other
law to be combined to meet the severe housing needs of Indian
tribes, the Housing Act of 1949 (42 U.S.C. 1471 et seq.) should
be amended to allow for the preference referred to in
subparagraph (A) by granting an exemption from title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title
VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.)
to tribes who comply with the Indian Civil Rights Act (title II
of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303), or who
are acting under the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4131(b)); and
(6) section 457 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 12899f) should be amended to
include Indian tribes, tribally designated housing entities, or
other agencies that primarily serve Indians as eligible
applicants for YouthBuild grants.
SEC. 3. TREATMENT OF PROGRAM INCOME.
Section 104(a)(2) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4114(a)(2)) is amended by
inserting ``restrict access to or'' after ``not''.
SEC. 4. CIVIL RIGHTS COMPLIANCE.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is
amended by adding at the end the following:
``SEC. 544. INDIAN TRIBES.
``(a) In General.--Federally recognized Indian Tribes who exercise
powers of self-government (or their instrumentalities) shall comply
with the Indian Civil Rights Act (title II of the Civil Rights Act of
1968; 25 U.S.C. 1301-1303) when receiving assistance under this title.
``(b) Exemption.--Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968
(42 U.S.C. 3601 et seq.) shall not apply to--
``(1) tribes covered by the Indian Civil Rights Act (title
II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303); or
``(2) tribes acting under section 201(b) of the Native
American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4131(b)).''.
SEC. 5. ELIGIBILITY OF INDIAN TRIBES FOR YOUTHBUILD GRANTS.
Section 457(2) of the Cranston-Gonzales National Affordable Housing
Act (42 U.S.C. 12899f(2)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as sub-paragraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) an Indian tribe, tribally designated housing
entity (as defined in section 4 of the Native American
Housing Assistance and Self- Determination Act of 1996
(25 U.S.C. 4103)), or other agency primarily serving
Indians; and''.
SEC. 6. FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES.
Section 601 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4191) is amended by adding at the
end the following new subsection:
``(d) Limitation on Percentage.--A guarantee made under this title
shall guarantee repayment of 95 percent of the unpaid principal and
interest due on the notes or other obligations guaranteed.''.
|
Native American Housing Enhancement Act of 2004 - Amends title V (Farm Housing) of the Housing Act of 1949 to state that federally recognized Indian tribes who exercise powers of self-government (or their instrumentalities) shall comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968) when receiving assistance under title V.
States that title VI of the Civil Rights Act of 1964 and title VIII of the Civil Rights Act of 1968 shall not apply to tribes: (1) covered by the Indian Civil Rights Act (title II of the Civil Rights Act of 1968); or (2) tribes acting under affordable housing provisions of the Native American Housing Assistance and Self-Determination Act of 1996.
Amends the Cranston-Gonzales National Affordable Housing Act to make Indian tribes, tribally designated housing entities, or other agencies primarily serving Indians eligible for Youthbuild grants.
Amends the Native American Housing Assistance and Self-Determination Act of 1996 to require Federal guarantees for tribal housing activities to guarantee repayment of 95 percent of the unpaid principal and interest due on the notes or other obligations.
|
{"src": "billsum_train", "title": "To amend the Native American Housing Assistance and Self- Determination Act of 1996 and other Acts to improve housing programs for Indians."}
| 1,229 | 234 | 0.600491 | 1.861871 | 0.869052 | 6.386792 | 4.825472 | 0.95283 |
SECTION 1. INTEREST RATE PROVISIONS.
(a) FFEL Fixed Interest Rates.--
(1) Amendment.--Section 427A of the Higher Education Act of
1965 (20 U.S.C. 1077a) is amended--
(A) by redesignating subsections (l) and (m) as subsections
(m) and (n), respectively; and
(B) by inserting after subsection (k) the following new
subsection:
``(l) Interest Rates for New Loans on or After July 1, 2006.--
``(1) In general.--Notwithstanding subsection (h), with respect
to any loan made, insured, or guaranteed under this part (other
than a loan made pursuant to section 428B or 428C) for which the
first disbursement is made on or after July 1, 2006, the applicable
rate of interest shall be 6.8 percent on the unpaid principal
balance of the loan.
``(2) PLUS loans.--Notwithstanding subsection (h), with respect
to any loan under section 428B for which the first disbursement is
made on or after July 1, 2006, the applicable rate of interest
shall be 7.9 percent on the unpaid principal balance of the loan.
``(3) Consolidation loans.--With respect to any consolidation
loan under section 428C for which the application is received by an
eligible lender on or after July 1, 2006, the applicable rate of
interest shall be at an annual rate on the unpaid principal balance
of the loan that is equal to the lesser of--
``(A) the weighted average of the interest rates on the
loans consolidated, rounded to the nearest higher one-eighth of
1 percent; or
``(B) 8.25 percent.''.
(2) Conforming amendment.--Section 428C(c)(1)(A) of such Act
(20 U.S.C. 1078-3(c)(1)(A)) is amended to read as follows:
``(1) Interest rate.--(A) Notwithstanding subparagraphs (B) and
(C), with respect to any loan made under this section for which the
application is received by an eligible lender--
``(i) on or after October 1, 1998, and before July 1, 2006,
the applicable interest rate shall be determined under section
427A(k)(4); or
``(ii) on or after July 1, 2006, the applicable interest
rate shall be determined under section 427A(l)(3).''.
(b) Direct Loans Fixed Interest Rates.--
(1) Technical correction.--Paragraph (6) of section 455(b) of
the Higher Education Act of 1965 (20 U.S.C. 1087e(b)), as
redesignated by section 8301(c)(1) of the Transportation Equity Act
for the 21st Century (Public Law 105-178; 112 Stat. 498) is
redesignated as paragraph (9) and is transferred to follow
paragraph (7) of section 455(b) of the Higher Education Act of
1965.
(2) Amendments.--Section 455(b) of the Higher Education Act of
1965 (20 U.S.C. 1087e(b)) is amended--
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following new
paragraph:
``(7) Interest rate provision for new loans on or after july 1,
2006.--
``(A) Rates for fdsl and fdusl.--Notwithstanding the
preceding paragraphs of this subsection, for Federal Direct
Stafford Loans and Federal Direct Unsubsidized Stafford Loans
for which the first disbursement is made on or after July 1,
2006, the applicable rate of interest shall be 6.8 percent on
the unpaid principal balance of the loan.
``(B) PLUS loans.--Notwithstanding the preceding paragraphs
of this subsection, with respect to any Federal Direct PLUS
loan for which the first disbursement is made on or after July
1, 2006, the applicable rate of interest shall be 7.9 percent
on the unpaid principal balance of the loan.
``(C) Consolidation loans.--Notwithstanding the preceding
paragraphs of this subsection, any Federal Direct Consolidation
loan for which the application is received on or after July 1,
2006, shall bear interest at an annual rate on the unpaid
principal balance of the loan that is equal to the lesser of--
``(i) the weighted average of the interest rates on the
loans consolidated, rounded to the nearest higher one-
eighth of one percent; or
``(ii) 8.25 percent.''.
(c) Extension of Current Interest Rate Provisions for Three
Years.--Sections 427A(k) and 455(b)(6) of the Higher Education Act of
1965 (20 U.S.C. 1077a(k), 1087e(b)(6)) are each amended--
(1) by striking ``2003'' in the heading and inserting ``2006'';
and
(2) by striking ``July 1, 2003,'' each place it appears and
inserting ``July 1, 2006,''.
SEC. 2. EXTENSION OF SPECIAL ALLOWANCE PROVISION.
Section 438(b)(2)(I) of the Higher Education Act of 1965 (20 U.S.C.
1087-1(b)(2)(I)) is amended--
(1) by striking ``, and before july 1, 2003'' in the heading;
(2) by striking ``and before July 1, 2003,'' each place it
appears, other than in clauses (ii) and (v);
(3) by striking clause (ii) and inserting the following:
``(ii) In school and grace period.--In the case of any
loan--
``(I) for which the first disbursement is made on
or after January 1, 2000, and before July 1, 2006, and
for which the applicable rate of interest is described
in section 427A(k)(2); or
``(II) for which the first disbursement is made on
or after July 1, 2006, and for which the applicable
rate of interest is described in section 427A(l)(1),
but only with respect to (aa) periods prior to the
beginning of the repayment period of the loan; or (bb)
during the periods in which principal need not be paid
(whether or not such principal is in fact paid) by
reason of a provision described in section 427(a)(2)(C)
or 428(b)(1)(M);
clause (i)(III) of this subparagraph shall be applied by
substituting `1.74 percent' for `2.34 percent'.'';
(4) in clause (iii), by inserting ``or (l)(2)'' after
``427A(k)(3)'';
(5) in clause (iv), by inserting ``or (l)(3)'' after
``427A(k)(4)'';
(6) in clause (v)--
(A) in the heading, by inserting ``before july 1, 2006''
after ``plus loans''; and
(B) by striking ``July 1, 2003,'' and inserting ``July 1,
2006,'';
(7) in clause (vi)--
(A) by inserting ``or (l)(3)'' after ``427A(k)(4)'' the
first place it appears; and
(B) by inserting ``or (l)(3), whichever is applicable''
after ``427A(k)(4)'' the second place it appears; and
(8) by adding at the end the following new clause:
``(vii) Limitation on special allowances for plus loans
on or after july 1, 2006.--In the case of PLUS loans made
under section 428B and first disbursed on or after July 1,
2006, for which the interest rate is determined under
section 427A(l)(2), a special allowance shall not be paid
for such loan during any 12-month period beginning on July
1 and ending on June 30 unless--
``(I) the average of the bond equivalent rates of
the quotes of the 3-month commercial paper (financial),
as published by the Board of Governors of the Federal
Reserve System in Publication H-15 (or its successor),
for the last calendar week ending on or before such
July 1; plus
``(II) 2.64 percent,
exceeds 9.0 percent.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to set fixed interest rates for new loans made on or after July 1, 2006, under: (1) the Federal Family Education Loan program (FFEL) for student loans (6.8 percent), parent (PLUS) loans, and consolidation loans (8.25 percent or a lesser amount based on a weighted average of interest rates of the loans consolidated); and (2) the William D. Ford Federal Direct Loan program for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans (both 6.8 percent), Federal Direct PLUS loans (7.9 percent), and Federal Direct Consolidation loans (8.25 percent or lesser weighted average). Extends current interest rate provisions for: (1) student or parent loans with a first disbursement before July 1, 2006; and (2) consolidation loans with an application received by the lender before July 1, 2006.Extends provisions for special allowances for lenders. Prohibits payment of such special allowances in the case of PLUS loans made on or after July 1, 2006, unless a certain percentage is reached according to a formula based in part on the average of certain bond equivalent rates published by the Federal Reserve System's Board of Governors for the last calendar week before such date.
|
{"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 to establish fixed interest rates for student and parent borrowers, to extend current law with respect to special allowances for lenders, and for other purposes."}
| 1,908 | 281 | 0.653511 | 1.88013 | 0.684783 | 2.83871 | 6.641129 | 0.862903 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans, Employees, and Taxpayers
Protection Act of 2017'' or the ``VET Protection Act of 2017''.
SEC. 2. LABOR MANAGEMENT IN DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER III--LABOR MANAGEMENT
``Sec. 741. Records on use of official time
``(a) Tracking of Official Time.--The Secretary shall track the use
of official time by employees of the Department of Veterans Affairs in
a manner that accounts for such time accurately and to a specific
degree without the use of estimates or ranges of time.
``(b) Annual Report.--(1) Not later than December 31 of each year,
the Secretary shall submit to the Office of Personnel Management and
the Committees on Veterans' Affairs of the House of Representatives and
the Senate a report on the use of official time by employees of the
Department during the most recently ended fiscal year.
``(2) Each report under paragraph (1) shall include, with respect
to the fiscal year covered by the report, the following information:
``(A) The total amount of official time granted to
employees.
``(B) The total amount of official time expended and the
amount of official time expended per employee for term
negotiations, mid-term negotiations, general labor-management
relations, and dispute resolution.
``(C) The specific types of activities or purposes for
which official time was granted, and the impact which the
granting of such official time for such activities or purposes
had on the operations of the Department.
``(D) The total number of employees to whom official time
was granted, and, of that total, the number who were not
engaged in any activities or purposes except activities or
purposes involving the use of official time.
``(E) The total annual salary, job title, and amount of
official time afforded to any employee.
``(F) A description of any room or space designated at the
Department where official time activities will be conducted,
including the square footage of any such room or space.
``(G) A list of any employee granted a waiver under section
742(d) and justification for each such waiver.
``(c) Definition of Official Time.--For purposes of this section,
the term `official time' means any period of time--
``(1) which may be granted to an employee under chapter 71
of title 5 (including a collective bargaining agreement entered
into under such chapter) or chapter 74 of this title to perform
representational or consultative functions; and
``(2) during which the employee would otherwise be in a
duty status.
``Sec. 742. Limitations on use of official time for certain purposes
and individuals
``(a) Political Activities and Lobbying.--Notwithstanding section
7131 of title 5 or any other provision of law, any employee of the
Department may not use official time to carry out political activities
or activities relating to lobbying.
``(b) Prohibition on Use of Official Time by Certain Employees.--
The following employees of the Department may not use official time for
any purpose:
``(1) Any employee appointed under section 7401(1).
``(2) Any employee with an annual rate of basic pay equal
to or greater than $100,000.
``(3) Any employee who is serving a probationary period.
``(c) Limitation on All Employees.--Any employee of the Department
not covered by subsection (b) may spend no more than 25 percent of the
time such employee would otherwise be in a duty status on official
time.
``(d) Waiver.--(1) The Secretary may waive the requirements of
subsection (b) or (c) with respect to an employee of the Department if
the Secretary certifies, in writing, that the waiver is reasonable,
necessary, and in the best interests of veterans.
``(2) The authority provided to the Secretary under this subsection
shall not be subject to bargaining under this title or chapter 71 of
title 5, and the exercise of, or failure to exercise, such authority
shall not be an unfair labor practice under this title or such chapter.
``(e) Definition of Official Time.--For purposes of this section,
the term `official time' has the meaning given that term in section
741(c).
``Sec. 743. Termination of collection of dues
``Notwithstanding section 7115 of title 5, any exclusive bargaining
agreement entered into pursuant to chapter 71 of such title by the
Department shall provide that an employee of the Department may
terminate a voluntary allotment for the payment of dues at any time.
Any deductions for dues made pursuant to such allotment shall cease
beginning on the first pay period after the termination is made.''.
(b) Applicability.--Sections 742 and 743 of title 38, United States
Code, as added by subsection (a), shall apply with respect to any
collective bargaining agreement entered into before, on, or after the
date of enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``subchapter iii--labor management
``741. Records on use of official time.
``742. Limitations on use of official time for certain purposes and
individuals.
``743. Termination of collection of dues.''.
SEC. 3. REQUIRED PROBATIONARY PERIOD FOR NEW EMPLOYEES OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Probationary Period.--
(1) In general.--Chapter 7 of title 38, United States Code,
is further amended by inserting after section 717 the following
new section:
``Sec. 719. Probationary period for employees
``(a) In General.--Notwithstanding sections 3321 and 3393(d) of
title 5, the appointment of a covered employee shall become final only
after such employee has served a probationary period of 2 years.
``(b) Covered Employee.--In this section, the term `covered
employee'--
``(1) means any individual--
``(A) appointed to a permanent position within the
competitive service at the Department; or
``(B) appointed as a career appointee (as that term
is defined in section 3132(a)(4) of title 5) within the
Senior Executive Service at the Department; and
``(2) does not include any individual with a probationary
period prescribed by section 7403 of this title.
``(c) Permanent Hires.--Not later than 90 days before the
expiration of a covered employee's probationary period under subsection
(a), the supervisor of the employee shall determine whether the
appointment becomes final based on regulations prescribed for such
purpose by the Secretary.
``(d) Application.--With respect to any individual described in
subsection (b)(1)(A) and to whom this section applies, sections 7501(1)
and 7511(a)(1)(A)(ii) of title 5 shall be applied to such individual by
substituting `completed 2 years' for `completed 1 year' in each
instance it appears.''.
(2) Clerical and conforming amendments.--
(A) Clerical.--The table of sections at the
beginning of such chapter, as amended by section 2, is
further amended by inserting after the item relating to
section 717 the following new item:
``719. Probationary period for employees.''.
(B) Conforming.--Title 5, United States Code, is
amended--
(i) in section 3321(c)--
(I) by striking ``Service, or'' and
inserting ``Service,''; and
(II) by inserting at the end before
the period the following: ``, or any
individual covered by section 719 of
title 38'';
(ii) in section 3393(d), by inserting at
the end before the period the following: ``or
section 719 of title 38'';
(iii) in sections 7501(1) and
7511(a)(1)(A)(ii), by inserting ``or section
719 of title 38'' after ``title 10'' in each
instance it appears; and
(iv) in section 7541(1)(A)--
(I) by striking ``title or'' and
inserting ``title,''; and
(II) by inserting at the end before
the semicolon the following: ``, or
section 719 of title 38''.
(b) Application.--Section 719 of title 38, United States Code, as
added by subsection (a)(1), shall apply to any covered employee (as
that term is defined in subsection (b) of such section 719, as so
added) appointed after the date of the enactment of this Act.
|
Veterans, Employees, and Taxpayers Protection Act of 2017 or the VET Protection Act of 2017 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to: (1) track the use of official time by VA employees accurately and without the use of estimates or ranges of times, and (2) report on such use to the Office of Personnel Management and Congress by December 1 of each fiscal year. Each report shall include: (1) the total amount of official time granted to employees; (2) the total amount of official time expended and the amount of official time expended per employee for term negotiations, mid-term negotiations, general labor-management relations, and dispute resolution; (3) the types of activities for which official time was granted and the impact on VA operations; (4) the total annual salary and job title of, and amount of official time afforded to, employees; (5) a description of any room or space designated for official time activities; and (6) a list of any employees granted a waiver and a justification for each such waiver. "Official time" means any period of time granted to an employee under federal labor-management provisions to perform representational or consultative functions during which the employee would otherwise be in a duty status. The bill prohibits a VA employee from using official time to carry out political or lobbying activities; The following VA employees may not use official time for any purpose: (1) a physician, dentist, podiatrist, chiropractor, or optometrist; (2) an employee with an annual basic pay rate of $100,000 or more; and (3) an employee serving a probationary period. Any other VA employee may not spend more than 25% of his or her duty status time on official time. The VA may waive such official time restrictions if reasonable, necessary, and in the best interest of veterans. Such waiver authority shall not be subject to collective bargaining, and the exercise or failure to exercise such authority shall not be an unfair labor practice. An exclusive bargaining agreement entered into by the VA shall allow a VA employee to terminate a voluntary allotment for the payment of dues at any time. The appointment of a covered VA employee shall become final only after such employee has served a two-year probationary period. "Covered employee:" (1) means any individual appointed to a permanent position within the competitive service or as a career appointee within the Senior Executive Service, and (2) does not include any individual appointed to a VA health care position for which a two-year probationary period applies. Such an employee's supervisor shall determine whether the employee's appointment becomes final not later than 90 days before the expiration of such probationary period.
|
{"src": "billsum_train", "title": "Veterans, Employees, and Taxpayers Protection Act of 2017"}
| 2,033 | 574 | 0.693925 | 2.357718 | 0.602233 | 3.909091 | 3.376623 | 0.910946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Privatization of Humanities Act''.
SEC. 2. TERMINATION OF THE NATIONAL ENDOWMENT FOR THE ARTS.
Sections 7 and 8 of the National Foundation on the Arts and the
Humanities Act of 1965 (42 U.S.C. 956, 957) are repealed.
SEC. 3. CONFORMING AMENDMENTS.
(a) Declaration of Purpose.--Section 2 of the National Foundation
on the Arts and the Humanities Act of 1965 (20 U.S.C. 951) is amended--
(1) in paragraphs (1), (4), and (6) by striking ``and the
Humanities'',
(2) in paragraphs (2) and (5) by striking ``the humanities
and'',
(3) in paragraphs (5), and (9) by striking ``and
humanities'',
(4) in paragraph (7) by striking ``and the study of the
humanities require'' and inserting ``requires'', and
(5) in paragraph (12) by striking ``and the Humanities''.
(b) Definitions.--Section 3 of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 952) is amended--
(1) by striking subsection (a), and
(2) in subsection (d)--
(A) in paragraph (1) by striking ``or the National
Council on the Humanities, as the case may be'', and
(B) in paragraph (2)--
(i) by striking ``sections 5(l) and 7(h)''
and inserting ``section 5(p)'', and
(ii) by striking ``and the National Council
on the Humanities, as the case may be,''.
(c) Establishment of National Foundation on the Arts and
Humanities.--Section 4(a) of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 953(a)) is amended--
(1) in subsection (a)--
(A) by striking ``and the Humanities'' each place
it appears, and
(B) by striking ``a National Endowment for the
Humanities,'',
(2) in subsection (b) by striking ``the humanities and'',
and
(3) in the heading of such section by striking ``and the
humanities''.
(d) Federal Council on the Arts and the Humanities.--Section 9 of
the National Foundation on the Arts and the Humanities Act of 1965 (20
U.S.C. 958) is amended--
(1) in subsection (a) by striking ``and the Humanities'',
(2) in subsection (b) by striking ``the Chairperson of the
National Endowment for the Humanities,'',
(3) in subsection (c)--
(A) in paragraph (1) by striking ``and the
Chairperson of the National Endowment for the
Humanities'',
(B) in paragraph (3) by striking ``, the National
Endowment for the Humanities,'', and
(C) in paragraphs (6) and (7) by striking ``and
humanities''.
(e) Administrative Functions.--Section 10 of the National
Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 959)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``in them'',
(ii) by striking ``and the Chairperson of
the National Endowment for the Humanities'',
and
(iii) by striking ``, in carrying out their
respective functions, shall each'' and
inserting ``shall'',
(B) by striking ``of an Endowment'',
(C) in paragraph (2)--
(i) by striking ``of that Endowment'' the
first place it appears and inserting ``on the
Arts'',
(ii) by striking ``sections 6(f) and 8(f)''
and inserting ``section 6(f)'', and
(iii) by striking ``sections 5(c) and
7(c)'' and inserting ``section 5(c)'', and
(D) in paragraph (3) by striking ``Chairperson's
functions, define their duties, and supervise their
activities'' and inserting ``functions, define the
activities, and supervise the activities of the
Chairperson'',
(2) in subsection (b)--
(A) by striking paragraphs (1), (2), and (3), and
(B) in paragraph (4)--
(i) by striking ``one of its Endowments and
received by the Chairperson of an Endowment''
and inserting ``the National Endowment for the
Arts and received by the Chairperson of that
Endowment'', and
(ii) by striking ``(4)'',
(3) in subsection (d) by striking ``and the Chairperson of
the National Endowment for the Humanities shall each'' and
inserting ``shall'',
(4) in subsection (e) by striking ``and the National
Council on the Arts, respectively, may each'' and inserting
``may'',
(5) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``and the Chairperson of
the National Endowment for the Arts'', and
(ii) by striking ``sections 5(c) and 7(c)''
and inserting ``section 5(c)'',
(B) in paragraph (2)(A)--
(i) by striking ``either of the
Endowments'' and inserting ``National Endowment
for the Arts'', and
(ii) by striking ``involved'', and
(C) in paragraph (3)--
(i) by striking ``that provided such
financial assistance'' each place it appears,
and
(ii) in subparagraph (C) by striking ``or
the National Endowment for the Humanities''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 11 of the National Foundation on the Arts and the
Humanities Act of 1965 (42 U.S.C. 960) is amended--
(1) in subsection (a)(1)--
(A) by striking subparagraph (B), and
(B) in subparagraph (A)--
(i) by striking ``(A)'',
(ii) by redesignating clauses (i), (ii),
and (iii) as subparagraphs (A), (B), and (C),
respectively, and
(iii) by striking ``(I)'' and ``(II)'' each
place they appear and inserting ``(i)'' and
``(ii)'', respectively,
(2) in subsection (a)(2)--
(A) by striking subparagraph (B), and
(B) in subparagraph (A)--
(i) by striking ``(A)'', and
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively, and
(3) in subsection (a)(3)--
(A) by striking subparagraph (B), and
(B) in subparagraph (C)--
(i) by striking ``and subparagraph (B)'',
and
(ii) by redesignating such subparagraph as
subparagraph (B),
(4) in subsection (a)(4)--
(A) by striking ``and the Chairperson of the
National Endowment for the Humanities, as the case may
be,'', and
(B) by striking ``section 5(l)(2), section 7(f),
and section 7(h)(2)'' and inserting ``and section
5(p)(2)'',
(5) in subsection (c)--
(A) in paragraph (1) by striking ``(1)'', and
(B) by striking paragraph (2),
(6) in subsection (d)--
(A) by striking paragraph (2), and
(B) in paragraph (1)--
(i) by striking ``(1)'',
(ii) by redesignating subparagraphs (A),
(B), and (C) as paragraphs (1), (2), and (3),
respectively, and
(7) in subsection (e) by striking ``and humanities''.
SEC. 5. SHORT TITLE.
Section 1 of the National Foundation on the Arts and the Humanities
Act of 1965 (20 U.S.C. 951 note) is amended by striking ``and the
Humanities''.
SEC. 6. TRANSITION PROVISIONS.
The Director of the Office of Management and Budget shall provide
for the termination of the affairs of the National Endowment for the
Humanities and the National Council on the Humanities, including the
appropriate transfer or other disposition of personnel, assets,
liabilities, grants, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made available
in connection with implementing the authorities terminated by the
amendments made by this Act.
SEC. 7. EFFECTIVE DATES.
(a) General Effective Date.--Except as provided in subsection (b),
this Act shall take effect on the date of the enactment of this Act.
(b) Effective Date of Amendments.--Sections 2, 3, 4, and 5 shall
take effect on the first day of the first fiscal year beginning after
the date of the enactment of this Act.
|
Privatization of Humanities Act - Amends the National Foundation on the Arts and the Humanities Act of 1965 to abolish the National Endowment for the Humanities (NEH) and the National Council on the Humanities (NCH).
Renames such Act the National Foundation on the Arts Act of 1965.
Requires the Director of the Office of Management and Budget to provide for the termination of the affairs of the NEH and the NCH.
|
{"src": "billsum_train", "title": "Privatization of Humanities Act"}
| 2,187 | 98 | 0.560608 | 1.423796 | 0.316607 | 5.55 | 24.5375 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Terrorism Explosives Act of
2002''.
SEC. 2. PERMITS FOR PURCHASERS OF EXPLOSIVES.
(a) Definitions.--Section 841(j) of title 18, United States Code,
is amended to read as follows:
``(j) `Permittee' means any user of explosives for a lawful
purpose, who has obtained a user permit or a limited permit
under this chapter.''.
(b) Permits for Purchase of Explosives.--Section 842 of such title
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and''; and
(B) by striking paragraph (3) and inserting the
following:
``(3) other than a licensee or permittee, knowingly--
``(A) to transport, ship, cause to be transported,
or receive any explosive materials; or
``(B) to distribute explosive materials to any
person other than a licensee or permittee; or
``(4) who is a holder of a limited permit--
``(A) to transport, ship, cause to be transported,
or receive in interstate or foreign commerce any
explosive materials; or
``(B) to receive explosive materials from a
licensee or permittee whose premises are located in the
State of residence of the holder, except that the
holder of a limited permit may so receive explosive
materials on 4 or fewer occasions pursuant to
regulations prescribed by the Secretary.''; and
(2) by striking subsection (b) and inserting the following:
``(b) It shall be unlawful for any licensee or permittee knowingly
to distribute any explosive materials to any person other than--
``(1) a licensee;
``(2) a holder of a user permit; or
``(3) a holder of a limited permit who is a resident of the
State where distribution is made and in which the transferor's
premises are located.''.
(c) Licenses and User Permits.--Section 843(a) of such title is
amended--
(1) in the 1st sentence--
(A) by inserting ``or limited permit'' after ``user
permit''; and
(B) by inserting ``, including the names of and
appropriate identifying information regarding all
employees who will be authorized by the employer to
possess explosive materials, as well as fingerprints
and a photograph of each responsible person with
respect to the applicant. In this section, the term
`responsible person' means, with respect to an
applicant, an individual who has the power to direct
the management and policies of the applicant pertaining
to explosive materials'' before the period; and
(2) by striking the 3rd sentence and inserting ``Each
license or user permit shall be valid for no longer than 3
years from the date of issuance, and each limited permit shall
be valid for no longer than 1 year from the date of issuance.
Each license or permit shall be renewable upon the same
conditions and subject to the same restrictions as the original
license or permit (except that, in the case of the renewal of a
limited permit, the verification requirement of subsection
(b)(5) may be satisfied by inspection or such other means as
the Secretary deems appropriate) and upon payment of a renewal
fee not to exceed \1/2\ of the original fee.''.
(d) Criteria for Approving Licenses and Permits.--Section 843(b) of
such title is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the applicant (or, if the applicant is a corporation,
partnership, or association, each responsible person with
respect to the applicant) is not a person who is prohibited
from receiving, distributing, transporting, or possessing
explosive materials under subsection (d) or (i) of section
842;'';
(2) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively, and inserting after
paragraph (1) the following:
``(2) none of the employees who will be authorized by the
applicant to possess explosive materials in the course of their
employment with the applicant is a person whose possession of
explosives would be unlawful under section 842(i);'';
(3) in paragraph (5) (as so redesignated)--
(A) by inserting ``the Secretary has verified by
inspection that'' before ``the applicant''; and
(B) by striking ``and'' at the end;
(4) by striking the period at the end of paragraph (6) (as
so redesignated) and inserting ``; and''; and
(5) by adding at the end the following:
``(7) in the case of a limited permit, the applicant has
certified in writing that the applicant will not receive
explosive materials on more than 4 different occasions during
any 12-month period in which a limited permit issued to the
applicant is in effect.''.
(e) Deadline for Approval or Denial of Application.--Section 843(c)
of such title is amended by striking ``a period of forty-five days
beginning on the date such'' and inserting ``90 days after the''.
(f) Inspection Authority.--Section 843(f) of such title is
amended--
(1) in the 1st sentence--
(A) by striking ``permittees'' and inserting
``holders of user permits''; and
(B) by inserting ``licensees and permittees''
before ``shall submit''; and
(2) in the 2nd sentence, by striking ``permittee'' the
first place it appears and inserting ``holder of a user
permit''.
(g) Posting of Permits.--Section 843(g) of such title is amended by
inserting ``user'' before ``permits''.
(h) Background Checks; Clearances.--Section 843 of such title is
amended by adding at the end the following:
``(h)(1) If the Secretary receives from an employer the name and
other identifying information with respect to a responsible person or
an employee who will be authorized by the employer to possess explosive
materials in the course of employment with the employer, the Secretary
shall determine whether possession of explosives by the responsible
person or the employee, as the case may be, would be unlawful under
section 842(i). In making the determination, the Secretary may take
into account a letter or document issued under paragraph (2) of this
subsection.
``(2)(A) If the Secretary determines that possession of explosives
by the responsible person or the employee would not be unlawful under
section 842(i), the Secretary shall notify the employer in writing or
electronically of the determination and issue to the responsible person
or the employee, as the case may be, a letter of clearance which
confirms the determination.
``(B) If the Secretary determines that possession of explosives by
the responsible person or the employee would be unlawful under section
842(i), the Secretary shall notify the employer in writing or
electronically of the determination and issue to the responsible person
or the employee, as the case may be, a document which confirms the
determination, explains the grounds for the determination, provides
information on how the disability may be relieved, and explains how the
determination may be appealed.''.
(i) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of enactment of this Act.
(j) Electronic Records.--Not later than one year after the
effective date of this Act, the Secretary of the Treasury shall
maintain an electronic record of each license, user permit, or limit
permit issued or renewed under section 843 of title 18, United States
Code, on or after one year after the effective date of this Act.
SEC. 3. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING EXPLOSIVE
MATERIALS.
(a) Distribution of Explosive Materials.--Section 842(d) of title
18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``or has been committed to a mental institution;'';
and
(3) by adding at the end the following:
``(7) is an alien, other than a lawful permanent resident
alien (as defined in section 101(a)(20) of the Immigration and
Nationality Act) or an alien described in subsection (q)(2) of
this section;
``(8) has been discharged from the Armed Forces under
dishonorable conditions; or
``(9) having been a citizen of the United States, has
renounced his citizenship.''.
(b) Possession of Explosives.--Section 842(i) of such title is
amended--
(1) by striking ``or'' at the end of paragraph (3); and
(2) by inserting after paragraph (4) the following:
``(5) who, is an alien, other than a lawful permanent
resident alien (as defined in section 101(a)(20) of the
Immigration and Nationality Act) or an alien described in
subsection (q)(2);
``(6) who has been discharged from the Armed Forces under
dishonorable conditions; or
``(7) who, having been a citizen of the United States, has
renounced his citizenship;''.
(c) Provisions Relating to Legal Aliens.--Section 842 of such title
is amended by adding at the end the following:
``(q) Provisions Relating to Legal Aliens.--
``(1) Definition.--In this subsection, the term `alien' has
the same meaning as in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)).
``(2) Exceptions.--An alien is described in this paragraph
if the alien--
``(A) is--
``(i) in lawful nonimmigrant status;
``(ii) a refugee admitted under section 207
of the Immigration and Nationality Act (8
U.S.C. 1157); or
``(iii) in asylum status under section 208
of the Immigration and Nationality Act (8
U.S.C. 1158); and
``(B) is--
``(i) a law enforcement officer of a
foreign country designated in writing by the
Attorney General as a country covered by this
subparagraph, and is entering the United States
on official law enforcement business;
``(ii) a person having the authority to
direct or cause the direction of the management
and policies of a corporation, partnership, or
association licensed under section 843(a), and
shipping, transporting, possessing or receiving
explosive materials relates to the authority;
or
``(iii) a member of the armed forces of a
foreign country that is a member of the North
Atlantic Treaty Organization, Australia, New
Zealand, Japan, Republic of Korea, or other
foreign country designated in writing by the
Attorney General, after consultation with the
Secretary of Defense, as a country covered by
this subparagraph (whether or not admitted in a
non-immigrant status), who is present in the
United States under military orders for
training or other authorized purpose, and the
shipping, transporting, possessing, or
receiving explosive materials is in furtherance
of the military purpose;
``(iv) lawfully present in the United
States in cooperation with the Director of
Central Intelligence, and the shipment,
transportation, receipt, or possession of the
explosive materials is in furtherance of such
cooperation.''.
(d) Expansion of Authority to Provide Relief From Disabilities.--
Section 845(b) of such title is amended--
(1) by striking ``had been indicted for or convicted of a
crime punishable by imprisonment for a term exceeding one
year'' and inserting ``is prohibited from shipping,
transporting, receiving, or possessing any explosive'';
(2) by striking ``of such indictment or conviction'' and
inserting ``of the applicable provision of section 842(i)'';
(3) by striking ``the indictment or conviction'' and
inserting ``the applicability of such provision'';
(4) by striking ``of indictment or conviction'' and
inserting ``of such applicability''; and
(5) by striking ``by such indictment or conviction'' and
inserting ``by such applicability''.
SEC. 4. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE MATERIALS AND
AMMONIUM NITRATE.
Section 843 of title 18, United States Code, is further amended by
adding at the end the following:
``(i) A person who manufactures or imports explosive materials or
ammonium nitrate shall, as required by letter issued by the Secretary,
furnish samples of the explosive materials or ammonium nitrate,
information on chemical composition of the explosive materials or
ammonium nitrate, and any other information that the Secretary
determines is relevant to the identification of the explosive materials
or to identification of the ammonium nitrate. The Secretary shall, by
regulation, provide for the reimbursement of the fair market value of
samples furnished pursuant to this subsection, as well as the
reasonable costs of shipment.''.
SEC. 5. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING FEDERAL
FINANCIAL ASSISTANCE.
Section 844(f)(1) of title 18, United States Code, is amended by
inserting ``or any institution or organization receiving Federal
financial assistance,'' before ``shall''.
|
Anti-Terrorism Explosives Act of 2002 - (Sec. 2) Rewrites Federal criminal code provisions regarding the purchase of explosives to prohibit the transport, shipment, or receipt of explosive materials without a Federal license, user permit, or limited permit. (Current law regulates such activities only to the extent that they occur in interstate or foreign commerce, includes exceptions such as for contiguous State transactions, and makes no mention of a limited permit.)Allows a limited permit purchaser to buy explosive materials only four times in any 12-month period. Makes each limited permit valid for one year.Requires employers who apply for licenses and user permits or limited permits to provide the names and appropriate identifying information regarding all employees who will be authorized by the employer to possess explosive materials, as well as fingerprints and a photograph of each responsible person. Directs the Secretary of the Treasury to determine whether explosives possession by the responsible person or the employee would be unlawful and, if: (1) lawful, to notify the employer in writing or electronically of the determination and issue a letter of clearance; and (2) unlawful, to notify the employer and issue a document which confirms the determination, explains the grounds, provides information on how the disability may be relieved, and explains how the determination may be appealed.Directs the Secretary of the Treasury to maintain an electronic record of each license, user permit, or limited permit issued or renewed on or after one year after this Act's effective date.(Sec. 3) Expands the list of persons prohibited from receiving or possessing explosive materials to include: (1) aliens other than lawful permanent resident aliens; (2) persons dishonorably discharged from the armed forces; and (3) individuals who have renounced their U.S. citizenship.(Sec. 4) Requires licensed manufacturers, licensed importers, and those who manufacture or import explosive materials or ammonium nitrate to furnish samples and relevant information when required by the Secretary.(Sec. 5) Sets penalties for the destruction of property of institutions receiving Federal financial assistance.
|
{"src": "billsum_train", "title": "To combat terrorism and defend the Nation against terrorist acts, and for other purposes."}
| 3,108 | 460 | 0.577983 | 1.853743 | 0.744473 | 3.774869 | 7.308901 | 0.86911 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethanol Reform and Deficit Reduction
Act''.
SEC. 2. VARIABLE VEETC RATE BASED ON PRICE OF CRUDE OIL.
(a) Excise Tax Credit.--
(1) In general.--Subparagraph (A) of section 6426(b)(2) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``and'' at the end of clause (i),
(B) by striking ``calendar years beginning after
2008, 45 cents.'' in clause (ii) and inserting
``calendar quarters beginning after 2008 and before
July 1, 2011, 45 cents, and'', and
(C) by adding at the end the following new clause:
``(iii) in the case of calendar quarters
beginning after June 30, 2011, the applicable
rate determined in accordance with the
following table:
``If the average price of crude oil The applicable rate for
during the preceding calendar the calendar quarter is:
quarter is:
Not more than $50/barrel........................... 30 cents
More than $50 but not more than $60/barrel......... 24 cents
More than $60 but not more than $70/barrel......... 18 cents
More than $70 but not more than $80/barrel......... 12 cents
More than $80 but not more than $90/barrel......... 6 cents
More than $90/barrel............................... 0 cents.
For purposes of the preceding table, the
average price of crude oil for any calendar
quarter shall be the average 3-month futures
price on the New York Mercantile Exchange for
light sweet crude oil for such calendar
quarter. Each applicable rate under the
preceding table shall be reduced by 2 cents for
each calendar year beginning after 2011.''.
(2) Extension of tax credit or payment.--Sections
6426(b)(6) and 6427(e)(6)(A) of such Code are each amended by
striking ``2011'' and inserting ``2014''.
(b) Income Tax Credit.--
(1) In general.--The table contained in section 40(h)(2) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``calendar year'' in the heading
for the first column,
(B) by inserting ``Calendar year'' before ``2001'',
(C) by inserting ``Calendar year'' before ``2003'',
(D) by inserting ``Calendar year'' before ``2005'',
(E) by inserting ``Calendar years'' before
``2009'',
(F) by striking ``2011'' and inserting ``the last
calendar quarter beginning before July 1, 2011'',
(G) by striking the period at the end of the table,
and
(H) by adding at the end the following:
``Any calendar quarter beginning after 1st 2d applicable rate.''.
June 30, 2011, and before 2015. applicable
rate
(2) Applicable rates.--Paragraph (3) of section 40(h) of
such Code is amended to read as follows:
``(3) Applicable rates.--For purposes of this subsection,
the 1st applicable rate and the 2d applicable rate shall be
determined in accordance with the following table:
----------------------------------------------------------------------------------------------------------------
The 1st
``If the average price of crude oil during applicable rate The 2d applicable rate for the calendar quarter
the preceding calendar quarter is: for the calendar is:
quarter is:
----------------------------------------------------------------------------------------------------------------
Not more than $50/barrel................... 30 cents 22.20 cents
More than $50 but not more than $60/barrel. 24 cents 17.76 cents
More than $60 but not more than $70/barrel. 18 cents 13.33 cents
More than $70 but not more than $80/barrel. 12 cents 8.88 cents
More than $80 but not more than $90/barrel. 6 cents 4.44 cents
More than $90/barrel....................... 0 cents 0 cents.
----------------------------------------------------------------------------------------------------------------
For purposes of the preceding table, the average price of crude
oil for any calendar quarter shall be the average 3-month
futures price on the New York Mercantile Exchange for light
sweet crude oil for such calendar quarter. Each 1st applicable
rate under the preceding table shall be reduced by 2 cents for
each calendar year beginning after 2011 and each 2d applicable
rate under such table shall be reduced by 1.48 cents for each
such year.''.
(3) Extension of tax credit.--Section 40 of such Code is
amended--
(A) by striking ``2011'' in subsection (e)(1)(A)
and inserting ``2014'',
(B) by striking ``2012'' in subsection (e)(1)(B)
and inserting ``2015'', and
(C) by striking ``2011'' in subsection (h)(1) and
inserting ``2014''.
(c) Repeal of Deadwood.--Section 6426(b)(2) of the Internal Revenue
Code of 1986 is amended by striking subparagraph (C).
(d) Effective Date.--The amendments made by this section shall
apply to any sale, use, or removal for any period after June 30, 2011.
SEC. 3. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY CREDIT.
(a) Extension.--Subsection (g) of section 30C of the Internal
Revenue Code of 1986 is amended by striking ``placed in service--'' and
all that follows and inserting ``placed in service after the earlier of
December 31, 2016, or the date on which the Secretary certifies that at
least 53,000 qualified alternative fuel refueling properties (other
than properties described in subsection (c)(2)(C)) have been placed in
service.''.
(b) Only Certain Ethanol Blends Eligible for Credit.--Subparagraph
(A) of section 30C(c)(2) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(A) Any fuel--
``(i) at least 85 percent of the volume of
which consists of one or more of the following:
natural gas, compressed natural gas, liquified
natural gas, liquefied petroleum gas, or
hydrogen, or
``(ii) at least 85 percent of the volume of
which consists of--
``(I) ethanol, or
``(II) ethanol and gasoline or one
or more of the fuels described in
clause (i), but only if at least 15
percent and not more than 85 percent of
the volume of such fuel consists of
ethanol.''.
(c) Credit for Dual-Use Refueling Property.--Subsection (e) of
section 30C of the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(6) Dual-use refueling property.--
``(A) In general.--In the case of any dual-use
refueling property, 100 percent of the cost of such
property shall be treated as qualified alternative fuel
refueling property if the taxpayer certifies, in such
time and manner as the Secretary shall prescribe, that
such property will be used in more than a de minimis
capacity for the purposes described in section
179A(d)(3)(A) (applied as specified in subsection
(c)(2)).
``(B) Recapture.--If at any time within 5 years
after the date of the certification under subparagraph
(A) the dual-use refueling property ceases to be used
as required under such subparagraph, 100 percent of the
cost of such property shall be subject to recapture
under paragraph (5).
``(C) Dual-use refueling property.--For purposes of
this paragraph, the term `dual-use refueling property'
means property that is both qualified alternative fuel
vehicle refueling property and property used--
``(i) to store or dispense fuels not
described in subsection (c)(2), or
``(ii) to store fuels described in
subsection (c)(2) for any purpose other than
delivery of such fuel into the fuel tank of a
motor vehicle.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after June 30, 2011.
SEC. 4. EXTENSION OF CELLULOSIC BIOFUEL PRODUCER CREDIT THROUGH 2014.
(a) In General.--Section 40(b)(6) of the Internal Revenue Code of
1986 is amended by striking subparagraph (H).
(b) Conforming Amendment.--Section 40(e) of the Internal Revenue
Code of 1986 is amended by striking paragraph (3).
SEC. 5. EXTENSION OF SPECIAL DEPRECIATION ALLOWANCE FOR CELLULOSIC
BIOFUEL PLANT PROPERTY.
Subparagraph (D) of section 168(l)(2) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2013'' and inserting
``January 1, 2015''.
SEC. 6. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES OF THE
CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC.
(a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(I) is derived solely by, or
from, qualified feedstocks, and''.
(b) Qualified Feedstock; Special Rules for Algae.--Paragraph (6) of
section 40(b) of the Internal Revenue Code of 1986, as amended by this
Act, is amended by redesignating subparagraphs (F) and (G) as
subparagraphs (H) and (I), respectively, and by inserting after
subparagraph (E) the following new subparagraphs:
``(F) Qualified feedstock.--For purposes of this
paragraph, the term `qualified feedstock' means--
``(i) any lignocellulosic or hemicellulosic
matter that is available on a renewable or
recurring basis, and
``(ii) any cultivated algae, cyanobacteria,
or lemna.
``(G) Special rules for algae.--In the case of fuel
which is derived by, or from, feedstock described in
subparagraph (F)(ii) and which is sold by the taxpayer
to another person for refining by such other person
into a fuel which meets the requirements of
subparagraph (E)(i)(II)--
``(i) such sale shall be treated as
described in subparagraph (C)(i),
``(ii) such fuel shall be treated as
meeting the requirements of subparagraph
(E)(i)(II) in the hands of such taxpayer, and
``(iii) except as provided in this
subparagraph, such fuel (and any fuel derived
from such fuel) shall not be taken into account
under subparagraph (C) with respect to the
taxpayer or any other person.''.
(c) Algae Treated as a Qualified Feedstock for Purposes of Bonus
Depreciation for Biofuel Plant Property.--
(1) In general.--Subparagraph (A) of section 168(l)(2) of
the Internal Revenue Code of 1986 is amended by striking
``solely to produce cellulosic biofuel'' and inserting ``solely
to produce second generation biofuel (as defined in section
40(b)(6)(E))''.
(2) Conforming amendments.--Subsection (l) of section 168
of such Code, as amended by this Act, is amended--
(A) by striking ``cellulosic biofuel'' each place
it appears in the text thereof and inserting ``second
generation biofuel'',
(B) by striking paragraph (3) and redesignating
paragraphs (4) through (8) as paragraphs (3) through
(7), respectively,
(C) by striking ``Cellulosic'' in the heading of
such subsection and inserting ``Second Generation'',
and
(D) by striking ``cellulosic'' in the heading of
paragraph (2) and inserting ``second generation''.
(d) Conforming Amendments.--
(1) Section 40 of the Internal Revenue Code of 1986, as
amended by this Act, is amended--
(A) by striking ``cellulosic biofuel'' each place
it appears in the text thereof and inserting ``second
generation biofuel'',
(B) by striking ``Cellulosic'' in the headings of
subsections (b)(6), (b)(6)(E), and (d)(3)(D) and
inserting ``Second generation'', and
(C) by striking ``cellulosic'' in the headings of
subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6),
and (e)(3) and inserting ``second generation''.
(2) Clause (ii) of section 40(b)(6)(E) of such Code is
amended by striking ``Such term shall not'' and inserting ``The
term `second generation biofuel' shall not''.
(3) Paragraph (1) of section 4101(a) of such Code is
amended by striking ``cellulosic biofuel'' and inserting
``second generation biofuel''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to fuels sold or
used after the date of the enactment of this Act.
(2) Application to bonus depreciation.--The amendments made
by subsection (c) shall apply to property placed in service
after the date of the enactment of this Act.
SEC. 7. BUDGETARY EFFECTS.
(a) PAYGO Scorecard.--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.
(b) Senate PAYGO Scorecard.--The budgetary effects of this Act
shall not be recorded on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
|
Ethanol Reform and Deficit Reduction Act - Amends the Internal Revenue Code to: (1) link the amount of the volumetric ethanol excise tax credit (VEETC) for calendar quarters beginning after June 30, 2011, to the average price of crude oil in a calendar quarter, (2) modify the rates of the income tax credit for alcohol used as fuel and extend such credit through 2014, (3) extend the alternative fuel refueling property tax credit and the special depreciation allowance for cellulosic biofuel plant property, and (4) make permanent the cellulosic biofuel producer tax credit.
Modifies the definition of "cellulosic biofuel" for purposes of the cellulosic biofuel producer tax credit and the special depreciation allowance to mean any liquid fuel that is derived solely by or from qualified feedstocks. Defines "qualified feedstocks" as any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis and any cultivated algae, cyanobacteria, or lemna.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for a variable VEETC rate based on the price of crude oil, and for other purposes."}
| 3,435 | 247 | 0.479706 | 1.293398 | 0.789677 | 2.622222 | 15.405556 | 0.877778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sugar Loaf Fire Protection District
Land Exchange Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the Sugar Loaf
Fire Protection District of Boulder, Colorado.
(2) Federal land.--The term ``Federal land'' means--
(A) the parcel of approximately 1.52 acres of land
in the National Forest that is generally depicted on
the map numbered 1, entitled ``Sugarloaf Fire
Protection District Proposed Land Exchange'', and dated
November 12, 2009; and
(B) the parcel of approximately 3.56 acres of land
in the National Forest that is generally depicted on
the map numbered 2, entitled ``Sugarloaf Fire
Protection District Proposed Land Exchange'', and dated
November 12, 2009.
(3) National forest.--The term ``National Forest'' means
the Arapaho-Roosevelt National Forests located in the State of
Colorado.
(4) Non-federal land.--The term ``non-Federal land'' means
the parcel of approximately 5.17 acres of non-Federal land in
unincorporated Boulder County, Colorado, that is generally
depicted on the map numbered 3, entitled ``Sugarloaf Fire
Protection District Proposed Land Exchange'', and dated
November 12, 2009.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. LAND EXCHANGE.
(a) In General.--Subject to the provisions of this Act, if the
District offers to convey to the Secretary all right, title, and
interest of the District in and to the non-Federal land, and the offer
is acceptable to the Secretary--
(1) the Secretary shall accept the offer; and
(2) on receipt of acceptable title to the non-Federal land,
the Secretary shall convey to the District all right, title,
and interest of the United States in and to the Federal land.
(b) Applicable Law.--Section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716) shall apply to the land
exchange authorized under subsection (a), except that--
(1) the Secretary may accept a cash equalization payment in
excess of 25 percent of the value of the Federal land; and
(2) as a condition of the land exchange under subsection
(a), the District shall--
(A) pay each cost relating to any land surveys and
appraisals of the Federal land and non-Federal land;
and
(B) enter into an agreement with the Secretary that
allocates any other administrative costs between the
Secretary and the District.
(c) Additional Terms and Conditions.--The land exchange under
subsection (a) shall be subject to--
(1) valid existing rights; and
(2) any terms and conditions that the Secretary may
require.
(d) Time for Completion of Land Exchange.--It is the intent of
Congress that the land exchange under subsection (a) shall be completed
not later than 1 year after the date of enactment of this Act.
(e) Authority of Secretary To Conduct Sale of Federal Land.--
(1) In general.--In accordance with paragraph (2), if the
land exchange under subsection (a) is not completed by the date
that is 1 year after the date of enactment of this Act, the
Secretary may offer to sell to the District the Federal land.
(2) Value of federal land.--The Secretary may offer to sell
to the District the Federal land for the fair market value of
the Federal land.
(f) Disposition of Proceeds.--
(1) In general.--The Secretary shall deposit in the fund
established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a) any amount received by the
Secretary as the result of--
(A) any cash equalization payment made under
subsection (b); and
(B) any sale carried out under subsection (e).
(2) Use of proceeds.--Amounts deposited under paragraph (1)
shall be available to the Secretary, without further
appropriation and until expended, for the acquisition of land
or interests in land in the National Forest.
(g) Management and Status of Acquired Land.--The non-Federal land
acquired by the Secretary under this section shall be--
(1) added to, and administered as part of, the National
Forest; and
(2) managed by the Secretary in accordance with--
(A) the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to
the National Forest.
(h) Revocation of Orders; Withdrawal.--
(1) Revocation of orders.--Any public order withdrawing the
Federal land from entry, appropriation, or disposal under the
public land laws is revoked to the extent necessary to permit
the conveyance of the Federal land to the District.
(2) Withdrawal.--On the date of enactment of this Act, if
not already withdrawn or segregated from entry and
appropriation under the public land laws (including the mining
and mineral leasing laws) and the Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.), the Federal land is withdrawn until
the date of the conveyance of the Federal land to the District.
Passed the House of Representatives July 13, 2010.
Attest:
LORRAINE C. MILLER,
Clerk.
|
Sugar Loaf Fire Protection District Land Exchange Act - Requires the Secretary of Agriculture, if the Sugar Loaf Fire Protection District of Boulder, Colorado, offers to convey non-federal land that is located in unincorporated Boulder County and the offer is acceptable, to accept the offer and, on receipt of acceptable title to the non-federal land, to convey federal land in the Arapaho-Roosevelt National Forests in Colorado.
Applies provisions of the Federal Land Policy and Management Act of 1976 relating to the exchange of public lands and interests within the National Forest System to the land exchange authorized under this Act, except that: (1) the Secretary may accept a cash equalization payment in excess of 25% of the value of the federal land; and (2) the District shall pay costs relating to any land surveys and appraisals of the federal and non-federal lands and enter into an agreement that allocates any other administrative costs between the Secretary and the District.
Expresses the intent of Congress that such land exchange be completed within one year of enactment of this Act. Authorizes the Secretary to offer to sell the federal land to the District if the exchange is not completed by such deadline. Permits the Secretary to offer to sell such land to the District for its fair market value.
Sets forth requirements for the disposition and use of the proceeds received as the result of any cash equalization payment or any sale specified above.
Requires the acquired non-federal land to become part of the Arapaho-Roosevelt National Forests.
Revokes any public orders withdrawing the federal land from entry, appropriation, or disposal under the public land laws to the extent necessary to permit the conveyance of the federal land to the District.
Withdraws such land on the date of enactment, if it is not already withdrawn or segregated from entry and appropriation under the public land laws and the Geothermal Steam Act of 1970, until it is conveyed to the District.
|
{"src": "billsum_train", "title": "To provide for the exchange of certain land located in the Arapaho-Roosevelt National Forests in the State of Colorado, and for other purposes."}
| 1,260 | 437 | 0.706028 | 2.369646 | 0.836611 | 4.298387 | 3.008065 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Tax Flexibility Act
of 2005''.
SEC. 2. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A
MONTH FROM APRIL TO NOVEMBER.
(a) In General.--Part I of subchapter E of chapter 1 of the
Internal Revenue Code of 1986 (relating to accounting periods) is
amended by inserting after section 444 the following new section:
``SEC. 444A. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING
IN A MONTH FROM APRIL TO NOVEMBER.
``(a) General Rule.--A qualified small business may elect to have a
taxable year, other than the required taxable year, which ends on the
last day of any of the months of April through November (or at the end
of an equivalent annual period (varying from 52 to 53 weeks)).
``(b) Years for Which Election Effective.--An election under
subsection (a)--
``(1) shall be made not later than the due date (including
extensions thereof) for filing the return of tax for the first
taxable year of the qualified small business, and
``(2) shall be effective for such first taxable year or
period and for all succeeding taxable years of such qualified
small business until such election is terminated under
subsection (c).
``(c) Termination.--
``(1) In general.--An election under subsection (a) shall
be terminated on the earliest of--
``(A) the first day of the taxable year following
the taxable year for which the entity fails to meet the
gross receipts test,
``(B) the date on which the entity fails to qualify
as an S corporation, or
``(C) the date on which the entity terminates.
``(2) Gross receipts test.--For purposes of paragraph (1),
an entity fails to meet the gross receipts test if the entity
fails to meet the gross receipts test of section 448(c).
``(3) Effect of termination.--An entity with respect to
which an election is terminated under this subsection shall
determine its taxable year for subsequent taxable years under
any other method that would be permitted under subtitle A.
``(4) Income inclusion and deduction rules for period after
termination.--If the termination of an election under paragraph
(1)(A) results in a short taxable year--
``(A) items relating to net profits for the period
beginning on the day after its last fiscal year-end and
ending on the day before the beginning of the taxable
year determined under paragraph (4) shall be includible
in income ratably over the succeeding 4 taxable years,
or (if fewer) the number of taxable years equal to the
fiscal years for which the election under this section
was in effect, and
``(B) items relating to net losses for such period
shall be deductible in the first taxable year after the
taxable year with respect to which the election
terminated.
``(d) Definitions.--For purposes of this section--
``(1) Qualified small business.--The term `qualified small
business' means an entity--
``(A)(i) for which an election under section
1362(a) is in effect for the first taxable year or
period of such entity and for all subsequent years, or
``(ii) which is treated as a partnership for the
first taxable year or period of such entity for Federal
income tax purposes,
``(B) which conducts an active trade or business or
which would qualify for an election to amortize start-
up expenditures under section 195, and
``(C) which is a start-up business.
``(2) Start-up business.--For purposes of paragraph (1)(C),
an entity shall be treated as a start-up business so long as
not more than 75 percent of the entity is owned by any person
who previously conducted a similar trade or business at any
time within the 1-year period ending on the date on which such
entity is formed. For purposes of the preceding sentence, a
person and any other person bearing a relationship to such
person specified in section 267(b) or 707(b)(1) shall be
treated as one person, and sections 267(b) and 707(b)(1) shall
be applied as if section 267(c)(4) provided that the family of
an individual consists of the individual's spouse and the
individual's children under the age of 21.
``(3) Required taxable year.--The term `required taxable
year' has the meaning given to such term by section 444(e).
``(e) Tiered Structures.--The Secretary shall prescribe rules
similar to the rules of section 444(d)(3) to eliminate abuse of this
section through the use of tiered structures.''.
(b) Conforming Amendment.--Section 444(a)(1) of such Code is
amended by striking ``section,'' and inserting ``section and section
444A''.
(c) Clerical Amendment.--The table of sections for part I of
subchapter E of chapter 1 of such Code is amended by inserting after
the item relating to section 444 the following new item:
``Sec. 444A. Qualified small businesses election of taxable year ending
in a month from April to November.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
|
Small Business Tax Flexibility Act of 2005 - Amends the Internal Revenue Code to permit certain small start-up businesses to elect a taxable year, other than the required taxable year, which ends on the last day of any of the months of April through November (or at the end of an equivalent annual period).
|
{"src": "billsum_train", "title": "To permit startup partnerships and S corporations to elect taxable years other than required years."}
| 1,260 | 68 | 0.568584 | 1.275239 | 0.760333 | 8.786885 | 18 | 0.95082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Amnesty and Opportunity Act
of 2003''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN UNDOCUMENTED AND NONIMMIGRANT
ALIENS.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 210 the following new section:
``alien worker amnesty
``Sec. 210A. (a) Lawful Permanent Residence.--The Attorney General
shall adjust the status of an alien to that of an alien lawfully
admitted for permanent residence if the alien submits an application
and the Attorney General determines that the alien meets the following
requirements:
``(1) Presence in united states.--The alien maintained a
continuous physical presence in the United States for a period
of not less than 10 years immediately prior to the date of the
submission of an application under this section. For the
purposes of this section an alien shall be considered to have
failed to maintain continuous physical presence in the United
States for the purposes of this section if the alien has
departed from the United States for any period in excess of 90
days or for any periods in the aggregate exceeding 365 days.
``(2) Qualification.--The alien fulfills at least 1 of the
following qualifications:
``(A) Alien sponsored by a labor organization and
employed in an occupation with a worker shortage.--The
alien is employed in the United States in an occupation
which during the 2-year period prior to the date of the
submission of an application under this section has
experienced a shortage of workers and the application
of the alien under this section is sponsored by a labor
organization.
``(B) Alien eligible for admission as student at an
institution of higher education.--The alien is eligible
for admission as a student at an accredited institution
of higher education in the United States.
``(C) Age.--The alien has attained the age of 65
years.
``(3) Admissible as immigrant.--The alien is admissible to
the United States as an immigrant, except as otherwise provided
under subsection (b)(2).
``(b) Waiver of Numerical Limitations and Certain Grounds for
Exclusion.--
``(1) Numerical limitations.--The numerical limitations of
sections 201 and 202 shall not apply to the adjustment of
aliens to lawful permanent resident status under this section.
``(2) Grounds for exclusion.--With respect to the
determination of an alien's admissibility under subsection
(a)(3):
``(A) Not applicable.--The provisions of paragraphs
(6) and (7) of section 212(a) shall not apply.
``(B) Discretionary.--
``(i) In general.--Except as provided in
clause (ii), in the determination of such an
alien's admissibility, the Attorney General may
waive any other provision of section 212(a) in
the case of individual aliens for humanitarian
purposes, to assure family unity, or when it is
otherwise in the public interest.
``(ii) Grounds that may not be waived.--The
following provisions of section 212(a) may not
be waived by the Attorney General under clause
(i):
``(I) Paragraph (2)(A) and (2)(B)
(relating to criminals).
``(II) Paragraph (2)(C) (relating
to drug offenses), except for so much
of such paragraph as relates to a
single offense of simple possession of
30 grams or less of marihuana.
``(III) Paragraph (3) (relating to
security and related grounds), other
than subparagraph (E) thereof.
``(c) Temporary Stay of Exclusion or Deportation for Certain
Applicants.--The Attorney General shall provide that in the case of an
alien who presents a nonfrivolous application under subsection (a), and
until a final determination on the application has been made in
accordance with this section, the alien may not be excluded or
deported.
``(d) Temporary Work Authorization for Certain Applicants.--An
applicant under this section is not entitled to employment
authorization, but such authorization may be provided in the discretion
of the Attorney General.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by inserting after the item relating to
section 210 the following new item:
``Sec. 210A. Alien worker amnesty.''.
|
Worker Amnesty and Opportunity Act of 2003 - Amends the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens who are: (1) alien workers in an employee-shortage occupation and sponsored by a labor organization; (2) eligible for admission at a U.S. institution of higher education; or (3) at least 65 years old.
|
{"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens."}
| 1,018 | 89 | 0.562055 | 1.229869 | 1.173215 | 2.166667 | 12.277778 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White Clay Creek Wild and Scenic
Rivers System Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Public Law 102-215 (105 Stat. 1664) directed the
Secretary of the Interior, in cooperation and consultation with
appropriate State and local governments and affected
landowners, to conduct a study of the eligibility and
suitability of White Clay Creek, Delaware and Pennsylvania, and
the tributaries of the creek for inclusion in the National Wild
and Scenic Rivers System;
(2) as a part of the study described in paragraph (1), the
White Clay Creek Wild and Scenic Study Task Force and the
National Park Service prepared a watershed management plan for
the study area entitled ``White Clay Creek and Its Tributaries
Watershed Management Plan'', dated May 1998, that establishes
goals and actions to ensure the long-term protection of the
outstanding values of, and compatible management of land and
water resources associated with, the watershed; and
(3) after completion of the study described in paragraph
(1), Chester County, Pennsylvania, New Castle County, Delaware,
Newark, Delaware, and 12 Pennsylvania municipalities located
within the watershed boundaries passed resolutions that--
(A) expressed support for the White Clay Creek
Watershed Management Plan;
(B) expressed agreement to take action to implement
the goals of the Plan; and
(C) endorsed the designation of the White Clay
Creek and the tributaries of the creek for inclusion in
the National Wild and Scenic Rivers System.
SEC. 3. DESIGNATION OF WHITE CLAY CREEK.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
``(162) White Clay Creek, Delaware and Pennsylvania.--The 190 miles
of river segments of White Clay Creek (including tributaries of White
Clay Creek and all second order tributaries of the designated segments)
in the States of Delaware and Pennsylvania, as depicted on the
recommended designation and classification maps (dated June 2000), to
be administered by the Secretary of the Interior, as follows:
``(A) 30.8 miles of the east branch, including Trout Run,
beginning at the headwaters within West Marlborough township
downstream to a point that is 500 feet north of the Borough of
Avondale wastewater treatment facility, as a recreational
river.
``(B) 15.0 miles of the east branch beginning at the
southern boundary line of the Borough of Avondale to a point
where the East Branch enters New Garden Township at the
Franklin Township boundary line, including Walnut Run and Broad
Run outside the boundaries of the White Clay Creek Preserve, as
a recreational river.
``(C) 4.0 miles of the east branch that flow through the
boundaries of the White Clay Creek Preserve, Pennsylvania,
beginning at the northern boundary line of London Britain
township and downstream to the confluence of the middle and
east branches, as a scenic river.
``(D) 6.8 miles of the middle branch, beginning at the
headwaters within Londonderry township downstream to a point
that is 500 feet north of the Borough of West Grove wastewater
treatment facility, as a recreational river.
``(E) 14 miles of the middle branch, beginning at a point
that is 500 feet south of the Borough of West Grove wastewater
treatment facility downstream to the boundary of the White Clay
Creek Preserve in London Britain township, as a recreational
river.
``(F) 2.1 miles of the middle branch that flow within the
boundaries of the White Clay Creek Preserve in London Britain
township, as a scenic river.
``(G) 17.2 miles of the west branch, beginning at the
headwaters within Penn township downstream to the confluence
with the middle branch, as a recreational river.
``(H) 12.7 miles of the main stem, excluding Lamborn Run,
that flow through the boundaries of the White Clay Creek
Preserve, Pennsylvania and Delaware, and White Clay Creek State
Park, Delaware, beginning at the confluence of the east and
middle branches in London Britain township, Pennsylvania,
downstream to the northern boundary line of the city of Newark,
Delaware, as a scenic river.
``(I) 5.4 miles of the main stem (including all second
order tributaries outside the boundaries of the White Clay
Creek Preserve and White Clay Creek State Park), beginning at
the confluence of the east and middle branches in London
Britain township, Pennsylvania, downstream to the northern
boundary of the city of Newark, Delaware, as a recreational
river.
``(J) 16.8 miles of the main stem beginning at Paper Mill
Road downstream to the Old Route 4 bridge, as a recreational
river.
``(K) 4.4 miles of the main stem beginning at the southern
boundary of the property of the corporation known as United
Water Delaware downstream to the confluence of White Clay Creek
with the Christina River, as a recreational river.
``(L) 1.3 miles of Middle Run outside the boundaries of the
Middle Run Natural Area, as a recreational river.
``(M) 5.2 miles of Middle Run that flow within the
boundaries of the Middle Run Natural Area, as a scenic river.
``(N) 15.6 miles of Pike Creek, as a recreational river.
``(O) 38.7 miles of Mill Creek, as a recreational river.''.
SEC. 4. BOUNDARIES.
With respect to each of the segments of White Clay Creek and its
tributaries designated by the amendment made by section 3, in lieu of
the boundaries provided for in section 3(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(b)), the boundaries of the segment shall be
250 feet as measured from the ordinary high water mark on both sides of
the segment.
SEC. 5. ADMINISTRATION.
(a) By Secretary of the Interior.--The segments designated by the
amendment made by section 3 shall be administered by the Secretary of
the Interior (referred to in this Act as the ``Secretary''), in
cooperation with the White Clay Creek Watershed Management Committee as
provided for in the plan prepared by the White Clay Creek Wild and
Scenic Study Task Force and the National Park Service, entitled ``White
Clay Creek and Its Tributaries Watershed Management Plan'' and dated
May 1998 (referred to in this Act as the ``Management Plan'').
(b) Requirement for Comprehensive Management Plan.--The Management
Plan shall be considered to satisfy the requirements for a
comprehensive management plan under section 3(d) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(d)).
(c) Cooperative Agreements.--In order to provide for the long-term
protection, preservation, and enhancement of the segments designated by
the amendment made by section 3, the Secretary shall offer to enter
into a cooperative agreement pursuant to sections 10(c) and 11(b)(1) of
the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the
White Clay Creek Watershed Management Committee as provided for in the
Management Plan.
SEC. 6. FEDERAL ROLE IN MANAGEMENT.
(a) In General.--The Director of the National Park Service (or a
designee) shall represent the Secretary in the implementation of the
Management Plan, this Act, and the Wild and Scenic Rivers Act with
respect to each of the segments designated by the amendment made by
section 3, including the review, required under section 7(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1278(a)), of proposed federally-
assisted water resources projects that could have a direct and adverse
effect on the values for which the segment is designated.
(b) Assistance.--To assist in the implementation of the Management
Plan, this Act, and the Wild and Scenic Rivers Act with respect to each
of the segments designated by the amendment made by section 3, the
Secretary may provide technical assistance, staff support, and funding
at a cost to the Federal Government in an amount, in the aggregate, of
not to exceed $150,000 for each fiscal year.
(c) Cooperative Agreements.--Any cooperative agreement entered into
under section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e)) relating to any of the segments designated by the amendment
made by section 3--
(1) shall be consistent with the Management Plan; and
(2) may include provisions for financial or other
assistance from the United States to facilitate the long-term
protection, conservation, and enhancement of the segments.
(d) National Park System.--Notwithstanding section 10(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion of a
segment designated by the amendment made by section 3 that is not in
the National Park System as of the date of the enactment of this Act
shall not, under this Act--
(1) be considered a part of the National Park System;
(2) be managed by the National Park Service; or
(3) be subject to laws (including regulations) that govern
the National Park System.
SEC. 7. STATE REQUIREMENTS.
State and local zoning laws and ordinances, as in effect on the
date of the enactment of this Act, shall be considered to satisfy the
standards and requirements under section 6(c) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277(c)) with respect to the segment designated
by the amendment made by section 3.
SEC. 8. NO LAND ACQUISITION.
The Federal Government shall not acquire, by any means, any right
or title in or to land, any easement, or any other interest along the
segments designated by the amendment made by section 3 for the purpose
of carrying out the amendment or this Act.
|
Requires the segments to be administered by the Secretary of the Interior, in cooperation with the White Clay Creek Watershed Management Committee pursuant to the plan prepared by the White Clay Creek Wild and Scenic Study Task Force and the National Park Service.
Prohibits any portion of a segment designated by this Act that is not in the National Park System (NPS) as of the enactment of this Act from being: (1) considered a part of the NPS; (2) managed by the National Park Service; or (3) subject to NPS laws or regulations.
Declares that State and local zoning laws and ordinances in effect on the date of enactment of this Act shall be considered to satisfy specified standards and requirements of the Wild and Scenic Rivers Act.
Bars the Federal Government from acquiring, by any means, any right or title in or to land, any easement, or any other interest for the purposes of carrying out this Act.
|
{"src": "billsum_train", "title": "White Clay Creek Wild and Scenic Rivers System Act"}
| 2,185 | 206 | 0.559933 | 1.653069 | 0.720042 | 5.598901 | 11.049451 | 0.93956 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TSA Opportunities to Pursue Expanded
Networks for Business Act'' or the ``TSA OPEN for Business Act''.
SEC. 2. STRATEGY.
(a) In General.--Subtitle B of title XVI of the Homeland Security
Act of 2002 (6 U.S.C. 563 et seq.) is amended by adding at the end
following new section:
``SEC. 1617. DIVERSIFIED TECHNOLOGY STAKEHOLDER MARKETPLACE.
``(a) In General.--Not later than 120 days after the date of the
enactment of this section, the Administrator shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
strategy to diversify the technology stakeholder marketplace that the
Administrator relies upon to acquire security screening technologies,
including by increased participation of small business innovators.
``(b) Contents.--The strategy required under subsection (a) shall
include the following:
``(1) Information on how Administration solicitation,
testing, evaluation, piloting, acquisition, and procurement
processes impact the Administrator's ability to acquire from a
technology stakeholder, including a small business innovator,
that has not previously provided technology to the
Administration, an innovative technology or capability with the
potential to enhance transportation security.
``(2) Specific actions that the Administrator will take,
including modifications to the processes described in paragraph
(1), to foster diversification within the technology
stakeholder marketplace, together with information on projected
timelines for such actions.
``(3) Plans for how the Administrator may, to the extent
practicable, assist a small business innovator at certain
points in such processes, including when such an innovator
lacks adequate resources to participate in such processes, to
help ensure that an advanced technology or capability can be
developed and acquired by the Administrator.
``(4) A feasibility assessment of partnering with an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code to help provide venture capital to businesses,
particularly small business innovators, for commercialization
of innovative homeland security technologies that are expected
to be ready for commercialization in the near term and within
36 months. In conducting such feasibility assessment, the
Administrator shall consider the following:
``(A) Establishing an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of such Code,
modeled after the In-Q-tel program, as a venture
capital partnership between the private sector and the
intelligence community to help businesses, particularly
small business innovators, commercialize innovative
security-related technologies.
``(B) Enhanced engagement, either through the
Science and Technology Directorate of the Department of
Homeland Security or directly, with the In-Q-tel
program described in subparagraph (A).
``(c) Rule of Construction.--Nothing in this section may be
construed as requiring changes to the Transportation Security
Administration standards for security technology.
``(d) Definitions.--In this section:
``(1) Intelligence community.--The term `intelligence
community' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
``(2) Small business concern.--The term `small business
concern' has the meaning described under section 3 of the Small
Business Act (15 U.S.C. 632).
``(3) Small business innovator.--The term `small business
innovator' means a stakeholder that is a small business concern
that has an advanced transportation security technology or
capability.''.
(b) Comptroller General Review.--Not later than one year after the
submission of the strategy required under section 1617 of the Homeland
Security Act of 2002 (as added by subsection (a)), the Comptroller
General of the United States shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a review of the extent to
which such strategy addresses the requirements of such section, has
resulted in increased participation of small business innovators in the
technology stakeholder marketplace, and has resulted in a
diversification of the marketplace.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 1616 the following new item:
``Sec. 1617. Diversified technology stakeholder marketplace.''.
Passed the House of Representatives September 4, 2018.
Attest:
KAREN L. HAAS,
Clerk.
|
TSA Opportunities to Pursue Expanded Networks for Business Act or the TSA OPEN for Business Act. (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Transportation Security Administration (TSA) to submit to Congress a strategy to diversify the technology stakeholder marketplace that the TSA relies upon to acquire security screening technologies, including by increased participation of small business innovators. The bill specifies the content of such strategy. The bill also requires the Government Accountability Office to review the strategy and the extent to which it has resulted in increased participation of small business innovators and the diversification of the marketplace.
|
{"src": "billsum_train", "title": "TSA Opportunities to Pursue Expanded Networks for Business Act"}
| 1,050 | 140 | 0.614592 | 1.842107 | 0.715929 | 4.025862 | 8.189655 | 0.87069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Strategic Services
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Office of Strategic Services (OSS) was America's first
effort to implement a system of strategic intelligence during World
War II and provided the basis for the modern-day American
intelligence and special operations communities. The U.S. Special
Operations Command and the National Clandestine Service chose the
OSS spearhead as their insignias.
(2) OSS founder General William J. Donovan is the only person
in American history to receive our Nation's four highest
decorations, including the Medal of Honor. Upon learning of his
death in 1959, President Eisenhower called General Donovan the
``last hero''. In addition to founding and leading the OSS, General
Donovan was also selected by President Roosevelt, who called him
his ``secret legs'', as an emissary to Great Britain and
continental Europe before the United States entered World War II.
(3) All the military branches during World War II contributed
personnel to the OSS. The present-day Special Operations Forces
trace their lineage to the OSS. Its Maritime Unit was a precursor
to the U.S. Navy SEALs. The OSS Operational Groups and Jedburghs
were forerunners to U.S. Army Special Forces. The 801st/492nd
Bombardment Group (``Carpetbaggers'') were progenitors to the Air
Force Special Operations Command. The Marines who served in the
OSS, including the actor Sterling Hayden (a Silver Star recipient),
Col. William Eddy (a Distinguished Service Cross recipient who was
described as the ``nearest thing the United States has had to a
Lawrence of Arabia''), and Col. Peter Ortiz (a two-time Navy Cross
recipient), were predecessors to the Marine Special Operations
Command. U.S. Coast Guard personnel were recruited for the Maritime
Unit and its Operational Swimmer Group.
(4) The OSS organized, trained, supplied, and fought with
resistance organizations throughout Europe and Asia that played an
important role in America's victory during World War II. General
Eisenhower credited the OSS's covert contribution in France to the
equivalent to having an extra military division. General Eisenhower
told General Donovan that if it did nothing else, the photographic
reconnaissance conducted by the OSS prior to the D-Day Invasion
justified its creation.
(5) Four future directors of central intelligence served as OSS
officers: William Casey, William Colby, Allen Dulles, and Richard
Helms.
(6) Women comprised more than one-third of OSS personnel and
played a critical role in the organization. They included Virginia
Hall, the only civilian female to receive a Distinguished Service
Cross in World War II, and Julia Child.
(7) OSS recruited Fritz Kolbe, a German diplomat who became
America's most important spy against the Nazis in World War II.
(8) America's leading scientists and scholars served in the OSS
Research and Analysis Branch, including Ralph Bunche, the first
African-American to receive the Nobel Peace Prize; Pulitzer Prize-
winning historian Arthur Schlesinger, Jr.; Supreme Court Justice
Arthur Goldberg; Sherman Kent; John King Fairbank; and Walt Rostow.
Its ranks included seven future presidents of the American
Historical Association, five of the American Economic Association,
and two Nobel laureates.
(9) The U.S. Department of State's Bureau of Intelligence and
Research traces its creation to the OSS Research and Analysis
Branch.
(10) James Donovan, who was portrayed by Tom Hanks in the
Steven Spielberg movie ``Bridge of Spies'' and negotiated the
release of U-2 pilot Francis Gary Powers, served as General Counsel
of the OSS.
(11) The OSS invented and employed new technology through its
Research and Development Branch, inventing new weapons and
revolutionary communications equipment. Dr. Christian Lambertsen
invented the first underwater rebreathing apparatus that was first
utilized by the OSS and is known today as SCUBA.
(12) OSS Detachment 101 operated in Burma and pioneered the art
of unconventional warfare. It was the first United States unit to
deploy a large guerrilla army deep in enemy territory. It has been
credited with the highest kill/loss ratio for any infantry-type
unit in American military history and was awarded a Presidential
Unit Citation.
(13) Its X-2 branch pioneered counterintelligence with the
British and established the modern counterintelligence community.
The network of contacts built by the OSS with foreign intelligence
services led to enduring Cold War alliances.
(14) Operation Torch, the Allied invasion of French North
Africa in November 1942, was aided by the networks established and
information acquired by the OSS to guide Allied landings.
(15) OSS Operation Halyard rescued more than 500 downed airmen
trapped behind enemy lines in Yugoslavia, one of the most daring
and successful rescue operations of World War II.
(16) OSS ``Mercy Missions'' at the end of World War II saved
the lives of thousands of Allied prisoners of war whom it was
feared would be murdered by the Japanese.
(17) The handful of surviving men and women of the OSS whom
General Donovan said performed ``some of the bravest acts of the
war'' are members of the ``Greatest Generation''. They have never
been collectively recognized for their heroic and pioneering
service in World War II.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design in commemoration to the
members of the Office of Strategic Services (OSS), in recognition of
their superior service and major contributions during World War II.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a 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
commemoration to the members of the Office of Strategic Services
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 Office of Strategic
Services.
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, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
. The expanded summary of the Senate passed version is repeated here.) Office of Strategic Services Congressional Gold Medal Act (Sec. 3) This bill requires the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to the members of the Office of Strategic Services in recognition of their service and contributions during World War II. After the medal is awarded, it must be given to the Smithsonian Institution.
|
{"src": "billsum_train", "title": "Office of Strategic Services Congressional Gold Medal Act"}
| 1,705 | 104 | 0.32981 | 1.011054 | 0.231955 | 3.73913 | 16.565217 | 0.869565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assistance in Gaining Experience,
Independence, and Navigation Act of 2014'' or the ``AGE-IN Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Part R of title III of the Public Health Service Act (42 U.S.C.
280i et seq.) is amended by inserting after section 399CC the
following:
``SEC. 399CC-1. GRANTS FOR RESEARCH, TRAINING, AND NAVIGATOR SERVICES
FOR YOUTH AND YOUNG ADULTS.
``(a) Research Grant.--
``(1) In general.--The Secretary, in consultation with the
Coordinating Committee established under section 399CC and the
Administrator of the Administration for Community Living, shall
award a grant to a research organization to--
``(A) conduct a comprehensive meta-analysis on the
existing empirical, peer-reviewed research on the topic
of youth and young adults with an autism spectrum
disorder or other developmental disabilities as such
individuals age-out of the school-based support system
(referred to in this section as `transitioning youth');
``(B) conduct research on the existing
infrastructure for transitioning youth, including
access to health care, continuing education and
vocational training programs, supportive and community-
based integrated housing, accessible transportation
services, and public safety and community integration
programs (including first responder training); and
``(C) develop a comprehensive strategic plan (in
accordance with paragraph (2)) for the establishment of
a Transition Navigator grant program to provide
transitioning youth with a comprehensive and
interdisciplinary set of support services.
``(2) Strategic plan.--The strategic plan developed under
paragraph (1)(C) shall include--
``(A) proposals on establishing best practices
guidelines to ensure interdisciplinary coordination
between all relevant service providers (including first
responders), the transitioning youth, and their family,
and in conjunction with the transitioning youth's
Individualized Education Plan as prescribed in section
614 of the Individuals with Disabilities Education Act
(20 U.S.C. 1414), to maximize the transitioning youth's
self-determination;
``(B) comprehensive approaches to transitioning,
including--
``(i) services to increase access to, and
the successful integration and completion of,
postsecondary education, peer support,
vocational training (as defined in section 103
of the Rehabilitation Act of 1973 (29 U.S.C.
723)), self-advocacy skills, and competitive,
integrated employment;
``(ii) community-based behavioral supports
and interventions;
``(iii) community-based integrated
residential services, housing, and
transportation;
``(iv) nutrition, health and wellness,
recreational, and social activities; and
``(v) personal safety services that
consider the specific needs of transitioning
youth who are at risk of becoming involved with
public safety agencies or the criminal justice
system;
``(C) culturally and linguistically competent and
sensitive service delivery models; and
``(D) proposals which seek to--
``(i) increase the effectiveness of such
practices to provide successful transition
services;
``(ii) increase the ability of the entity
to provide supports and services to underserved
populations and regions;
``(iii) increase the efficiency of service
delivery to maximize resources and outcomes;
and
``(iv) ensure access to all services
identified as necessary to transitioning youth
of all capabilities.
``(3) Grant period.--Grants awarded under this subsection
shall be for a period of 2 years.
``(b) Transition Navigator Training Grants.--
``(1) In general.--The Secretary, in consultation with the
Coordinating Committee established under section 399CC and the
Administrator of the Administration for Community Living, shall
establish a Transition Navigator Grant Program to award
multiyear training initiative grants to establish and carry out
a collaborative, interdisciplinary training and services
initiative, that is based on the data and best practice
guidelines developed under subsection (a), to train transition
navigators to provide transitioning youth with the services and
skills necessary to lead an independent, integrated life.
``(2) Eligibility.--To be eligible for a grant under this
subsection, an entity shall--
``(A) be a University Center for Excellence in
Developmental Disabilities Education, Research and
Service or a comparable interdisciplinary entity
capable of fulfilling the scope of activities described
in section 153 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15063); and
``(B) prepare and submit an application to the
Secretary in accordance with paragraph (3).
``(3) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit to the Secretary an
application demonstrating the capacity to successfully train an
interdisciplinary group of service providers on the best
practice guidelines contained in strategic plan under
subsection (a). The application shall include additional
information, including--
``(A) the number of trainees, students, or
providers expected to be trained under the grant, and
in what timeframe;
``(B) the interdisciplinary scope of faculty,
staff, mentors, and community-based trainers affiliated
with the applicant;
``(C) the ability to provide training services to a
culturally diverse set of students and in a culturally
competent, culturally sensitive manner; and
``(D) the ability to train providers in underserved
areas and to serve underserved populations.
``(4) Grant period and annual evaluation.--
``(A) Grant period.--Navigator training grants
awarded under this subsection shall be for a period of
3 years. The Secretary may renew a grant for an
additional 3-year period based on the results of the
evaluations submitted under subparagraph (B).
``(B) Annual evaluation.--A grantee under this
subsection shall submit to the Secretary an evaluation
of progress made during each grant year in achieving
the purposes for which the grant was awarded. Such
evaluation shall include an analysis of--
``(i) any performance metrics required by
the Secretary;
``(ii) the grantees recruitment of students
into the program; and
``(iii) the recruits' cultural diversity
and the interdisciplinary nature of their
interests or background.
``(5) Longitudinal evaluation.--
``(A) In general.--The Secretary shall enter into a
contract with a third-party organization with expertise
in program evaluation for the conduct of an evaluation
of the success of grantees under this subsection in
meeting the goals of the strategic plan submitted under
subsection (a)(2) and their grant application.
``(B) Procedure.--A third-party organization that
enters into a contract under subparagraph (A) shall
monitor grantees under this subsection and report back
to the Secretary with a longitudinal analysis of the
effectiveness of the program carried out by the
grantee. Such analysis shall include an examination
of--
``(i) whether and to what extent the
training regime sufficiently met the goals of
the strategic plan under subsection (a)(2);
``(ii) whether and to what extent graduates
of the training program are successfully
working to provide services to transitional
youth in an effective, comprehensive, and
appropriate manner; and
``(iii) the long-term efficacy of the
program and the strategic plan on increasing
and sustaining transitional youth's--
``(I) enrollment in, and completion
of, postsecondary education or
vocational training programs;
``(II) participation in integrated,
competitive employment;
``(III) continued access to peer
support;
``(IV) continued access to, and
benefitting from, community-based
behavioral supports and interventions;
``(V) consistent access to
community-based integrated residential
services, housing, and transportation;
and
``(VI) continued access to
nutrition, health and wellness,
recreational, and social activities.
``(6) Supplement.--Activities carried out under a grant
under this subsection shall supplement, not supplant, existing
programs and activities designed to provide interdisciplinary
training to services providers aimed at serving transitional
youth.''.
|
Assistance in Gaining Experience, Independence, and Navigation Act of 2014 or the AGE-IN Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award a grant to: (1) analyze existing research on youth and young adults with an autism spectrum disorder or other developmental disabilities as they transition out of the school-based support system; (2) research existing infrastructure for transitioning youth, including access to health care, continuing education programs, and community integration programs; and (3) develop a strategic plan for a Transition Navigator Grant Program to provide transitioning youth with support services. Requires the Secretary to establish a Transition Navigator Grant Program to award grants to provide services based on the strategic plan. Directs the Secretary to contract a third party to evaluate the effectiveness of grantees in meeting the goals of the strategic plan.
|
{"src": "billsum_train", "title": "AGE-IN Act"}
| 1,810 | 185 | 0.638572 | 1.815573 | 0.825863 | 4 | 10.209581 | 0.946108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blunt Reservoir and Pierre Canal
Land Conveyance Act of 2002''.
SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL.
(a) Definitions.--In this section:
(1) Blunt reservoir feature.--The term ``Blunt Reservoir
feature'' means the Blunt Reservoir feature of the Oahe Unit,
James Division, authorized by the Act of August 3, 1968 (82
Stat. 624), as part of the Pick-Sloan Missouri River Basin
Program.
(2) Governor.--The term ``Governor'' means the Governor of
the State, or a designee of such Governor.
(3) Nonpreferential lease parcel.--The term
``nonpreferential lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) was considered to be a nonpreferential lease
parcel by the Secretary as of January 1, 2001, and is
reflected as such on the roster of leases of the Bureau
of Reclamation for 2001.
(4) Pierre canal feature.--The term ``Pierre Canal
feature'' means the Pierre Canal feature of the Oahe Unit,
James Division, authorized by the Act of August 3, 1968 (82
Stat. 624), as part of the Pick-Sloan Missouri River Basin
Program.
(5) Preferential leaseholder.--The term ``preferential
leaseholder'' means a person or descendant of a person that
held a lease on a preferential lease parcel as of January 1,
2001, and is reflected as such on the roster of leases of the
Bureau of Reclamation for 2001.
(6) Preferential lease parcel.--The term ``preferential
lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) was considered to be a preferential lease
parcel by the Secretary as of January 1, 2001, and is
reflected as such on the roster of leases of the Bureau
of Reclamation for 2001.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) State.--The term ``State'' means the State of South
Dakota, including a successor in interest of the State.
(9) Unleased parcel.--The term ``unleased parcel'' means a
parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) is not under lease as of the date of enactment
of this Act.
(b) Deauthorization.--The Blunt Reservoir feature is deauthorized.
(c) Acceptance of Land and Obligations.--
(1) In general.--As a condition of each conveyance under
subsections (d)(5) and (e), respectively, the Governor shall
agree--
(A) that the State shall accept in ``as is''
condition, the portions of the Blunt Reservoir feature
and the Pierre Canal feature that pass into State
ownership;
(B) that the State shall assume any liability
accruing after the date of conveyance as a result of
the ownership, operation, or maintenance of the
features referred to in subparagraph (A), including
liability associated with certain outstanding
obligations associated with expired easements, or any
other right granted in, on, over, or across either
feature; and
(C) to act as the agent for the Secretary in
administering the purchase option extended to
preferential leaseholders under subsection (d).
(2) Responsibilities of the state.--An outstanding
obligation described in paragraph (1)(B) shall inure to the
benefit of, and be binding upon, the State.
(3) Oil, gas, mineral and other outstanding rights.--A
conveyance to the State under subsection (d)(5) or (e) or a
sale to a preferential leaseholder under subsection (d) shall
be made subject to--
(A) oil, gas, and other mineral rights reserved of
record, as of the date of enactment of this Act, by or
in favor of a third party; and
(B) any permit, license, lease, right-of-use, or
right-of-way of record in, on, over, or across a
feature referred to in paragraph (1)(A) that is
outstanding as to a third party as of the date of
enactment of this Act.
(4) Additional conditions of conveyance to state.--A
conveyance to the State under subsection (d)(5) or (e) shall be
subject to the reservations by the United States and the
conditions specified in section 1 of the Act of May 19, 1948
(chapter 310; 62 Stat. 240; 16 U.S.C. 667b), for the transfer
of property to State agencies for wildlife conservation
purposes.
(d) Purchase Option.--
(1) In general.--A preferential leaseholder shall have an
option to purchase from the Governor, acting as an agent for
the Secretary, the preferential lease parcel that is the
subject of the lease.
(2) Terms.--
(A) In general.--Except as provided in subparagraph
(B), a preferential leaseholder may elect to purchase a
parcel on 1 of the following terms:
(i) Cash purchase for the amount that is
equal to--
(I) the value of the parcel
determined under paragraph (4); minus
(II) 10 percent of that value.
(ii) Installment purchase, with 10 percent
of the value of the parcel determined under
paragraph (4) to be paid on the date of
purchase and the remainder to be paid over not
more than 30 years at 3 percent annual
interest.
(B) Value under $10,000.--If the value of the
parcel is under $10,000, the purchase shall be made on
a cash basis in accordance with subparagraph (A)(i).
(3) Option exercise period.--
(A) In general.--A preferential leaseholder shall
have until the date that is 5 years after enactment of
this Act to exercise the option under paragraph (1).
(B) Continuation of leases.--Until the date
specified in subparagraph (A), a preferential
leaseholder shall be entitled to continue to lease from
the Secretary the parcel leased by the preferential
leaseholder under the same terms and conditions as
under the lease, as in effect as of the date of
enactment of this Act.
(4) Valuation.--
(A) In general.--The value of a preferential lease
parcel shall be its fair market value for agricultural
purposes determined by an independent appraisal,
exclusive of the value of private improvements made by
the leaseholders while the land was federally owned
before the date of the enactment of this Act, in
conformance with the Uniform Appraisal Standards for
Federal Land Acquisition.
(B) Fair market value.--Any dispute over the fair
market value of a property under subparagraph (A) shall
be resolved in accordance with section 2201.4 of title
43, Code of Federal Regulations.
(5) Conveyance to the state.--
(A) In general.--If a preferential leaseholder
fails to purchase a parcel within the period specified
in paragraph (3)(A), the Secretary shall convey the
parcel to the State of South Dakota Department of Game,
Fish, and Parks.
(B) Wildlife habitat mitigation.--Land conveyed
under subparagraph (A) shall be used by the South
Dakota Department of Game, Fish, and Parks for the
purpose of mitigating the wildlife habitat that was
lost as a result of the development of the Pick-Sloan
project.
(6) Use of proceeds.--Proceeds of sales of land under this
Act shall be deposited as miscellaneous funds in the Treasury
and such funds shall be made available, subject to
appropriations, to the State for the establishment of a trust
fund to pay the county taxes on the lands received by the State
Department of Game, Fish, and Parks under this Act.
(e) Conveyance of Nonpreferential Lease Parcels and Unleased
Parcels.--
(1) Conveyance by secretary to state.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
convey to the South Dakota Department of Game, Fish,
and Parks the nonpreferential lease parcels and
unleased parcels of the Blunt Reservoir and Pierre
Canal.
(B) Wildlife habitat mitigation.--Land conveyed
under subparagraph (A) shall be used by the South
Dakota Department of Game, Fish, and Parks for the
purpose of mitigating the wildlife habitat that was
lost as a result of the development of the Pick-Sloan
project.
(2) Land exchanges for nonpreferential lease parcels and
unleased parcels.--
(A) In general.--The Governor may allow a person to
exchange land that the person owns elsewhere in the
State for a nonpreferential lease parcel or unleased
parcel at Blunt Reservoir or Pierre Canal, as the case
may be.
(B) Priority.--The right to exchange
nonpreferential lease parcels or unleased parcels shall
be granted in the following order or priority:
(i) Exchanges with current lessees for
nonpreferential lease parcels.
(ii) Exchanges with adjoining and adjacent
landowners for unleased parcels and
nonpreferential lease parcels not exchanged by
current lessees.
(C) Easement for water conveyance structure.--As a
condition of the exchange of land of the Pierre Canal
feature under this paragraph, the United States
reserves a perpetual easement to the land to allow for
the right to design, construct, operate, maintain,
repair, and replace a pipeline or other water
conveyance structure over, under, across, or through
the Pierre Canal feature.
(f) Release From Liability.--
(1) In general.--Effective on the date of conveyance of any
parcel under this Act, the United States shall not be held
liable by any court for damages of any kind arising out of any
act, omission, or occurrence relating to the parcel, except for
damages for acts of negligence committed by the United States
or by an employee, agent, or contractor of the United States,
before the date of conveyance.
(2) No additional liability.--Nothing in this section adds
to any liability that the United States may have under chapter
171 of title 28, United States Code (commonly known as the
``Federal Tort Claims Act'').
(g) Requirements Concerning Conveyance of Lease Parcels.--
(1) Interim requirements.--During the period beginning on
the date of enactment of this Act and ending on the date of
conveyance of the parcel, the Secretary shall continue to lease
each preferential lease parcel or nonpreferential lease parcel
to be conveyed under this section under the terms and
conditions applicable to the parcel on the date of enactment of
this Act.
(2) Provision of parcel descriptions.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall provide the State a full legal description of all
preferential lease parcels and nonpreferential lease parcels
that may be conveyed under this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $750,000 to reimburse the Secretary
for expenses incurred in implementing this Act, and such sums as are
necessary to reimburse the Governor for expenses incurred implementing
this Act, not to exceed 10 percent of the cost of each transaction
conducted under this Act.
|
Blunt Reservoir and Pierre Canal Land Conveyance Act of 2002 - Deauthorizes the Blunt Reservoir feature of the Oahe Irrigation Project authorized as part of the Pick-Sloan Missouri River Basin Program.Allows preferential leaseholders (original landowners or descendants, or operators of the land at the time of purchase) of parcels of the Blunt Reservoir and Pierre Canal an option to purchase from the Commission of Schools and Public Lands of South Dakota the land they lease. Sets terms for such purchases. Directs the Secretary of the Interior to convey all preferential lease parcels not purchased by the leaseholder to the South Dakota Department of Game, Fish, and Parks, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project.Directs the Secretary to convey to the Department the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project.Requires the Governor of South Dakota, or a designee of the Governor (the "Governor"), to accept certain conditions of conveyance, including that: (1) the State receives the land conveyed in "as is" condition; (2) the State assumes responsibility for any liabilities accruing after the date of conveyance as a result of ownership, operation or maintenance of such land; (3) the Federal Government retains all oil, gas, and mineral rights; (4) the property shall continue to be used for wildlife conservation; and (5) title shall revert to the United States if the land is needed for national defense purposes.Authorizes the Governor to allow a person to exchange other land in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal.Permits the United States a perpetual easement for a water conveyance structure over, under, across, or through the Pierre Canal Feature.
|
{"src": "billsum_train", "title": "To direct the Secretary of the Interior to convey certain parcels of land acquired for the Blunt Reservoir and Pierre Canal features of the Oahe Unit, James Division, South Dakota, to the State of South Dakota for the purpose of mitigating lost wildlife habitat, on the condition that the current preferential leaseholders shall have an option to purchase the parcels, and for other purposes."}
| 2,669 | 469 | 0.667559 | 2.337075 | 0.714403 | 4.121622 | 6.259459 | 0.910811 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Orderly and Responsible
Transit of Shipments Act of 2015'' or the ``PORTS Act''.
SEC. 2. ADDRESSING PORT SLOW-DOWNS, STRIKES, AND LOCK-OUTS.
(a) National Emergencies.--Section 206 of the Labor Management
Relations Act, 1947 (29 U.S.C. 176) is amended--
(1) in the first sentence--
(A) by striking ``Whenever in the opinion'' and
inserting ``(a) Whenever in the opinion'';
(B) by striking ``a threatened or actual strike or
lock-out'' and inserting ``a slow-down, or a threatened
or an actual strike or lock-out,'';
(C) by striking ``he may appoint'' and inserting
``the President may appoint''; and
(D) by striking ``to him within such time as he
shall prescribe'' and inserting ``to the President
within such time as the President shall prescribe and
in accordance with the third sentence of this
paragraph'';
(2) in the third sentence, by striking ``The President''
and inserting ``Not later than 30 days after appointing the
board of inquiry, the President''; and
(3) by adding at the end the following:
``(b)(1) Whenever in the opinion of any Governor of a State or
territory of the United States, a slow-down, or a threatened or an
actual strike or lock-out, occurring at one or more ports in the United
States, is affecting an entire industry or a substantial part thereof
engaged in trade, commerce, transportation, transmission, or
communication among the several States or with foreign nations, or
engaged in the production of goods for commerce, will, if permitted to
occur or to continue, imperil national or State health or safety, the
Governor may request the President to appoint a board of inquiry under
subsection (a).
``(2)(A) If the President does not appoint a board of inquiry
within 10 days of receiving a request under paragraph (1), the Governor
who made the request under such paragraph may appoint a board of
inquiry to inquire into the issues involved in the dispute and prepare
and submit, to the Governor and the President, a written report as
described in subparagraph (B) within such time as the Governor shall
prescribe and in accordance with the deadline under subparagraph (C).
``(B) The report described in this subparagraph shall include a
statement of the facts with respect to the dispute, including a
statement from each party to the dispute describing the position of
such party, but shall not contain any recommendations.
``(C) Not later than 30 days after appointing a board of inquiry
under subparagraph (A), the Governor shall--
``(i) file a copy of the report described in subparagraph
(B) with the Service; and
``(ii) make the contents of such report available to the
President and the public.
``(c) Any Governor of a State or territory of the United States
(referred to in this subsection as the `supplementing Governor') may
submit to the President or Governor who appointed a board of inquiry
under subsection (a) or (b) a supplement to the report under such
subsection that includes data pertaining to the impact on the State or
territory of the supplementing Governor of a slow-down, or threatened
or actual strike or lock-out, at 1 or more ports. Upon receiving such
supplement, the President or Governor shall file such supplement with
the Service and make the contents of such supplement available to the
public.
``(d) For each dispute, only one board of inquiry may be appointed
under subsection (a) or (b)(2) during any 90-day period.''.
(b) Boards of Inquiry.--Section 207(a) of the Labor Management
Relations Act, 1947 (29 U.S.C. 177) is amended by striking ``as the
President shall determine,'' and inserting ``as the President shall
determine for a board of inquiry appointed under section 206(a), or as
the Governor shall determine for a board of inquiry appointed by such
Governor under section 206(b)(2),''.
(c) Injunctions During National Emergencies.--Section 208 of the
Labor Management Relations Act, 1947 (29 U.S.C. 178) is amended--
(1) in subsection (a)--
(A) in the matter preceding clause (i)--
(i) by inserting ``appointed under
subsection (a) or (b)(2) of section 206'' after
``board of inquiry'';
(ii) by striking ``strike or lock-out or
the continuing thereof'' and inserting ``slow-
down, or threatened or actual strike or lock-
out, or the continuing thereof''; and
(iii) by striking ``such threatened or
actual strike or lock-out'' and inserting
``such slow-down, or threatened or actual
strike or lock-out, or the continuing
thereof''; and
(B) in clause (ii), by striking ``strike or lock-
out or the continuing thereof'' and inserting ``slow-
down, strike, or lock-out, or the continuing thereof'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b)(1) If a slow-down, or a threatened or an actual strike or
lock-out, is occurring at one or more ports and the President does not
direct the Attorney General to make a petition under subsection (a)
within 10 days of receiving a report from a board of inquiry appointed
under subsection (a) or (b)(2) of section 206, any Governor of a State
or territory of the United States in which such port or ports are
located may direct the attorney general of such State or territory to
petition the district court of the United States having jurisdiction in
such State or territory to enjoin such slow-down, or threatened or
actual strike or lock-out, or the continuing thereof, at the port or
ports within such State or territory.
``(2) The district court described in paragraph (1) shall have
jurisdiction to enjoin any slow-down, threatened or actual strike or
lock-out, or continuing thereof, and to make such other orders as may
be appropriate, if such court determines that such slow-down or
threatened or actual strike or lock-out--
``(A) affects an entire industry or a substantial part thereof
engaged in trade, commerce, transportation, transmission, or
communication within the applicable State or territory, or engaged in
the production of goods for commerce; and
``(B) if permitted to occur or to continue, will imperil national
or State health and safety.''.
(d) Reconvening of Boards of Inquiry; NLRB Secret Ballots.--Section
209(b) of the Labor Management Relations Act, 1947 (29 U.S.C. 179(b))
is amended--
(1) in the first sentence, by striking ``Upon the issuance
of such order, the President'' and inserting ``(1) Upon the
issuance of any such order, the President or the Governor, as
the case may be,'';
(2) in the second sentence, by striking ``report to the
President'' and inserting ``report to the President and any
Governor who initiated an action under section 206(b) or
208(b)'';
(3) in the third sentence, by striking ``The President''
and inserting ``The President or the Governor, as the case may
be,'';
(4) in the fourth sentence--
(A) by striking ``The National Labor Relations
Board, within the succeeding fifteen days, shall take a
secret ballot'' and inserting the following:
``(2) Not later than 15 days after the board of inquiry
submits a report under paragraph (1), the National Labor
Relations Board, subject to paragraph (3), shall take a secret
ballot'';
(B) by striking ``as stated by him'' and inserting
``as stated by the employer''; and
(C) by striking ``Attorney General'' and inserting
``Attorney General or State attorney general, whichever
sought the injunction,''; and
(5) by adding at the end the following:
``(3) For each dispute, the National Labor Relations Board
shall take not more than 1 secret ballot in any 30-day period
for the same employees.''.
(e) Discharge of Injunctions.--Section 210 of the Labor Management
Relations Act, 1947 (29 U.S.C. 180) is amended--
(1) in the first sentence, by striking ``the Attorney
General'' and inserting ``the Attorney General, or the State
attorney general, whichever sought the injunction,''; and
(2) in the second sentence, by striking ``the President''
and inserting ``the President, or any Governor who initiated an
action under section 208(b),''.
SEC. 3. GAO STUDY.
(a) Study.--The Comptroller General of the United States shall
carry out a study of the West Coast ports slowdown to--
(1) study the economic impact of the slowdowns and
congestion caused by the negotiations on the Nation as a whole
as well as each port;
(2) review steps taken by the Federal Mediation and
Conciliation Service (FMCS) to resolve the dispute;
(3) identify steps FMCS and the Administration could have
taken sooner to facilitate an agreement; and
(4) determine what legislative changes could strengthen
these tools and result in more timely intervention.
(b) Report.--Not later than the end of the 12-month period
beginning on the date of the enactment of this Act, the Comptroller
General shall issue a report to Congress containing all findings and
determinations made in carrying out the study required under subsection
(a).
|
Protecting Orderly and Responsible Transit of Shipments Act of 2015 or the PORTS Act This bill amends the Labor Management Relations Act, 1947 to extend to labor slowdowns occurring at U.S. ports the President's authority to appoint a board of inquiry into the issues involved. State and territorial governors shall have authority to request the President to appoint a board of inquiry if a slowdown, or a threatened or an actual strike or lock-out, occurring at one or more U.S. ports will, if continued, imperil national or state health or safety. If the President does not appoint a board of inquiry within 10 days after receiving a request, the governor who made the request may appoint one to report on the dispute to the governor and the President, although without recommendations. Supplemental reports are also authorized. Boards of inquiry are limited to one that may appointed for each dispute during a 90-day period. Governors may also petition for injunctions against such labor or management actions affecting ports in their states or territories. The National Labor Relations Board, for each dispute, shall take not more than one secret ballot for the same employees in any 30-day period. The Government Accountability Office shall study the West Coast ports slowdown to: study the economic impact of the slowdowns and congestion caused by the negotiations on the nation as a whole as well as each port, review steps taken by the Federal Mediation and Conciliation Service (FMCS) to resolve the dispute, identify steps FMCS and the Administration could have taken sooner to facilitate an agreement, and determine what legislative changes could strengthen these tools and result in more timely intervention.
|
{"src": "billsum_train", "title": "PORTS Act"}
| 2,273 | 362 | 0.660447 | 2.183782 | 0.897711 | 4.89644 | 6.831715 | 0.902913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Aviation Capacity Expansion
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The reliability and efficiency of the national air
transportation system significantly depend on the efficiency of
Chicago O'Hare International Airport. Because of O'Hare's
central location, and the magnitude of the demand for air
transportation services in northeast Illinois and northwest
Indiana, O'Hare has an essential role in the national air
transportation system. The reliability and efficiency of
interstate air transportation for residents and businesses in
many States depend on efficient processing of air traffic
operations at O'Hare.
(2) The largest efficient hub airports in the United States
are designed with multiple parallel runways without substantial
runway intersections. O'Hare cannot efficiently perform its
role in the national air transportation system unless it has
such a design.
(3) New runway construction projects are local decisions
that are supported by the Federal Government through the
Airport Improvement Program and other programs. Given the
importance of air travel to our national economy, and the
importance of O'Hare to national air transportation, it is
critical that the Federal Government does all it can to
facilitate redesign of O'Hare and the development of a
supplemental air carrier airport located near Peotone,
Illinois.
(4) The Governor of Illinois and the Mayor of Chicago have
determined that redesign of O'Hare and the development of a
supplemental air carrier airport located near Peotone,
Illinois, as described in this Act, are each necessary and
desirable to provide reliable and efficient air commerce.
(5) On December 5, 2001, the Governor of Illinois and the
Mayor of Chicago signed an historic agreement that would
modernize O'Hare International Airport, by providing for--
(A) east-west parallel runways;
(B) construction of a south suburban airport near
Peotone;
(C) addressing traffic congestion along the
Northwest Corridor, including western airport access;
(D) continuation of the operation of Chicago Meigs
Field; and
(E) maintenance of the quality of life for
residents near the airports.
(6) The importance of increasing commercial air service at
the Gary-Chicago and Greater Rockford Airports is also
recognized.
SEC. 3. AIRPORT REDESIGN.
(a) Necessity of O'Hare Runway Redesign and Development of South
Suburban Airport.--
(1) It is the policy of Congress that redesign and
reconstruction of Chicago O'Hare International Airport in Cook
and DuPage Counties, Illinois, in accordance with the runway
redesign plan, and the development of a south suburban airport
in the Chicago metropolitan region, are each required to
improve the efficiency of, and relieve congestion in, the
national air transportation system.
(2)(A) The Administrator of the Federal Aviation
Administration shall implement the Federal policy described in
paragraph (1) by facilitating approval, funding, construction,
and implementation of--
(i) the runway redesign plan upon receipt of an
application from Chicago for approval of an airport
layout plan that includes the runway redesign plan; and
(ii) the south suburban airport upon receipt of an
application from the State of Illinois or a political
subdivision thereof for approval of an airport layout
plan for a south suburban airport.
(B) Implementation of the plan described in subparagraph
(A) shall be subject to application of Federal laws with
respect to environmental protection and environmental analysis
including the National Environmental Policy Act and the
determination of the Administrator of the Federal Aviation
Administration that the plan meets the criteria regarding
practicability, safety, and efficiency, and is consistent with
Federal Aviation Administration design criteria.
(3) The State shall not enact or enforce any law respecting
aeronautics that interferes with, or has the effect of
interfering with, implementation of Federal policy with respect
to the runway redesign plan including sections 38.01, 47, and
48 of the Illinois Aeronautics Act.
(4) All environmental reviews, analyses, and opinions
related to issuance of permits, licenses, or approvals by
operation of Federal law relating to the runway redesign plan
or the south suburban airport shall be conducted on an
expedited basis. Each Federal agency having jurisdiction shall
complete environmental-related reviews on an expedited and
coordinated basis.
(5) If the Administrator of the Federal Aviation
Administration determines that construction or operation of the
runway redesign plan would not conform, within the meaning of
section 176(c) of the Clean Air Act, to an applicable
implementation plan approved or promulgated under section 110 of the
Clean Air Act, the Environmental Protection Agency shall forthwith
cause or promulgate a revision of such implementation plan sufficient
for the runway redesign plan to satisfy the requirements of section
176(c) of the Clean Air Act.
(6) In this section:
(A) The term ``runway redesign plan'' means--
(i) 6 parallel runways at O'Hare oriented
in the east-west direction with the capability,
to the extent determined by the Administrator
to be practicable, safe, and efficient, for 4
simultaneous independent instrument aircraft
arrivals, and all associated taxiways,
navigational facilities, passenger handling
facilities, and other related facilities; and
(ii) the closure of existing runways 14L-
32R, 14R-32L, and 18-36.
(B) The term ``south suburban airport'' means an
additional air carrier airport in the vicinity of
Peotone, Illinois.
(C) The term ``Administrator'' means the
Administrator of the Federal Aviation Administration or
his designee.
(b) Phasing of Construction.--Approval by the Administrator of an
airport layout plan that includes the runway redesign plan shall
provide that any runway located more than 2500 feet south of existing
runway 9R-27L shall not begin construction before January 1, 2011.
(c) Western Public Roadway Access.--The Administrator shall not
consider an airport layout plan submitted by Chicago that includes the
runway redesign plan, unless it includes public roadway access through
the western boundary of O'Hare to passenger terminal and parking
facilities. Approval of western public road access shall be subject to
the condition that the cost of construction be paid for from airport
revenues.
(d) Noise Mitigation.--
(1) Approval by the Administrator of an airport layout plan
that includes the runway redesign plan shall require Chicago to
offer acoustical treatment of all single-family houses and
schools located within the 65 DNL noise contour for each
construction phase of the runway redesign plan, subject to
Federal Aviation Administration guidelines and specifications
of general applicability. The Administrator shall determine
that Chicago's plan for acoustical treatment is financially
feasible.
(2)(A) Approval by the Administrator of an airport layout
plan that includes the runway redesign plan shall be subject to
the condition that noise impact of aircraft operations at
O'Hare in the calendar year immediately following the year in
which the first new runway is first used, and in each calendar
year thereafter, will be less than the noise impact in calendar
year 2000.
(B) The Administrator shall make the determination
described in subparagraph (A)--
(i) using, to the extent practicable, the
procedures specified in part 150 of title 14, Code of
Federal Regulations;
(ii) using the same method for calendar year 2000
and for each forecast year; and
(iii) by determining noise impact solely in terms
of the aggregate number of square miles and the
aggregate number of single-family houses and schools
exposed to 65 or greater decibels using the DNL metric,
including only single-family houses and schools in
existence on the last day of calendar year 2000.
(C) The condition described in paragraph (1) shall be
enforceable exclusively by the Administrator, using noise
mitigation measures approved or approvable under part 150 of
title 14, Code of Federal Regulations.
(e) South Suburban Airport Federal Funding.--The Administrator
shall give priority consideration to a letter of intent application
submitted by the State of Illinois or a political subdivision thereof
for the construction of the south suburban airport. The Administrator
shall consider the letter not later than 90 days after the
Administrator issues final approval of the airport layout plan for the
south suburban airport.
(f) Federal Construction.--
(1) On July 1, 2004, or as soon practicable thereafter, the
Administrator shall construct the runway redesign plan as a
Federal project, if--
(A) the Administrator finds, after notice and
opportunity for public comment, that a continuous
course of construction of the runway redesign plan has
not commenced and is not reasonably expected to
commence by December 1, 2004;
(B) Chicago agrees in writing to construction of
the runway redesign plan as a Federal project;
(C) Chicago enters into an agreement, acceptable to
the Administrator, to protect the interests of the
United States Government with respect to the
construction, operation, and maintenance of the runway
redesign plan; and
(D) Chicago provides, without cost to the United
States Government, land, easements, rights-of-way,
rights of entry, and other interests in land or
property necessary to permit construction of the runway
redesign plan as a Federal project and to protect the
interests of the United States Government in its
construction, operation, maintenance, and use.
(2) The Administrator may make an agreement with the City
of Chicago under which Chicago will provide the work described
in paragraph (1), for the benefit of the Administrator.
(3) The Administrator is authorized and directed to acquire
in the name of the United States all land, easements, rights-
of-way, rights of entry, or other interests in land or property
necessary for the runway redesign plan under this section,
subject to such terms and conditions as the Administrator
deems necessary to protect the interests of the United States.
(g) Merrill C. Meigs Field.--
(1) Until January 1, 2026, the Administrator shall withhold
all airport grant funds respecting Chicago O'Hare International
Airport, other than grants involving national security and
safety, unless the Administrator is reasonably satisfied that
the following conditions have been met:
(A) Merrill C. Meigs Field in Chicago either is
being operated by Chicago as an airport or has been
closed for reasons beyond Chicago's control.
(B) Chicago is providing, at its own expense, all
off-airport roads and other access, services,
equipment, and other personal property that it provided
in connection with the operation of Meigs Field on and
prior to December 1, 2001.
(C) Chicago is operating Meigs Field, at its own
expense, at all times as a public airport in good
condition and repair open to all users capable of
utilizing the airport, and is maintaining the airport
for such public operations at least from 6:00 a.m. to
10:00 p.m. 7 days a week whenever weather conditions
permit.
(D) Chicago is providing or causing its agents or
independent contractors to provide all services
(including police and fire protection services)
provided or offered at Meigs Field on or immediately
prior to December 1, 2001, including tie-down,
terminal, refueling, and repair services, at rates that
reflect actual costs of providing such goods and
services.
(2) After January 1, 2006, the Administrator shall not
withhold grant funds under this Act to the extent the
Administrator determines that withholding of grant funds would
create an unreasonable burden on interstate commerce. If Meigs
Field is closed for reasons beyond Chicago's control, the
conditions described in subparagraphs (B) through (D) shall not
apply.
(3) The Administrator shall not enforce the conditions
listed in paragraph (1) if the State of Illinois enacts a law
on or after January 1, 2006, authorizing the closure of Meigs
Field.
(4) Net operating losses resulting from operation of Meigs
Field, to the extent consistent with law, are to be paid by the
2 air carriers at O'Hare International Airport that paid the
highest amount of airport fees and charges at O'Hare
International Airport for the preceding calendar year.
Notwithstanding any other provision of law, the City of Chicago
may use airport revenues generated at O'Hare International
Airport to fund the operation of Meigs Field.
(h) Judicial Review.--An order issued by the Administrator of the
Federal Aviation Administration, in whole or in part, under this
section shall be deemed to be an order issued under subtitle VII of
part A of title 49, United States Code, and shall be reviewed in
accordance with the procedures in section 46110 of title 49, United
States Code.
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National Aviation Capacity Expansion Act - Directs the Administrator of the Federal Aviation Administration to implement the redesign and reconstruction of Chicago O'Hare International Airport in Cook and DuPage Counties, Illinois, in accordance with a specified runway redesign plan, and the development of a south suburban airport in the Chicago metropolitan region, by facilitating approval, funding, construction, and implementation of such plan and suburban airport.Requires all environmental reviews, analyses, and opinions related to issuance of permits, licenses, or approvals relating to such plan or airport to be conducted on an expedited and coordinated basis.States that approval by the Administrator of an airport layout plan submitted by Chicago that includes the runway redesign plan shall: (1) provide that any runway located more than 2500 feet south of existing runway 9R-27L shall not begin construction before January 2011; and (2) be subject to the condition that noise impact of aircraft operations at O'Hare after the year in which the first new runway is first used will be less than that in 2000. Prohibits the consideration of such a plan unless it includes public roadway access through the western boundary of O'Hare to passenger terminal and parking facilities.Directs the Administrator to give priority consideration to a letter of intent application submitted by the State of Illinois (or a political subdivision thereof) for construction of the suburban airport.Sets forth requirements regarding the construction of the runway redesign plan as a Federal project on or after July 1, 2004.Requires the withholding of all airport grant funds for O'Hare (other than grants involving national security and safety) until January 1, 2026, unless specified conditions with respect to operations at Merrill C. Meigs Field have been met.
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{"src": "billsum_train", "title": "A bill to expand aviation capacity in the Chicago area."}
| 2,644 | 374 | 0.570568 | 1.900387 | 0.704847 | 5.557325 | 8.210191 | 0.977707 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Payments Sunshine Act of
2008''.
SEC. 2. QUARTERLY TRANSPARENCY REPORTS FROM MANUFACTURERS OF COVERED
DRUGS, DEVICES, OR MEDICAL SUPPLIES UNDER MEDICARE,
MEDICAID, OR SCHIP.
Part A of title XI of the Social Security Act (42 U.S.C. 1301 et
seq.) is amended by inserting after section 1128F the following new
section:
``SEC. 1128G. QUARTERLY TRANSPARENCY REPORTS FROM MANUFACTURERS OF
COVERED DRUGS, DEVICES, OR MEDICAL SUPPLIES UNDER
MEDICARE, MEDICAID, OR SCHIP.
``(a) Reporting of Payments or Other Transfer of Value.--On January
1, 2009, and the first day of each fiscal year quarter beginning
thereafter, each manufacturer of a covered drug, device, or medical
supply who provides a payment or other transfer of value, directly,
indirectly, or through an agent, subsidiary, or other third party, to a
physician; to an entity that a physician is employed by, has tenure
with, or has a significant ownership interest in; or to a covered
organization in which a physician has a significant professional
membership interest, shall submit to the Secretary, in such electronic
form as the Secretary shall require, the following:
``(1) The name of--
``(A) the physician;
``(B) if a payment or other transfer of value was
provided to an entity that the physician is employed
by, has tenure with, or has a significant ownership
interest in, the name of the entity; and
``(C) if a payment or other transfer of value was
provided to an organization so specified in which the
physician has such a significant professional
membership interest, the name of the organization.
``(2) The address of--
``(A) the physician's office;
``(B) in the case of an entity required to be named
under paragraph (1)(B), the primary place of business
or headquarters for the entity; and
``(C) in the case of an organization required to be
named under paragraph (1)(C), the primary place of
business or headquarters of the organization.
``(3) The facility with which the physician is affiliated,
if any.
``(4) The value of the payment or other transfer of value.
``(5) The date on which the payment or other transfer of
value was provided.
``(6) A description of the nature of the payment or other
transfer of value, indicated (as appropriate for all that
apply) as--
``(A) compensation;
``(B) food, entertainment, or gifts;
``(C) trips or travel;
``(D) a product or other item provided for less
than market value;
``(E) participation in a medical conference,
continuing medical education, other educational or
informational program or seminar, or funded research
(such as lab-based, epidemiology, or health services
research) that is not a clinical trial; provision of
materials related to such a conference, educational or
informational program or seminar, or research; or
remuneration for promoting or participating in such a
conference, educational or informational program or
seminar, or research;
``(F) product rebates or discounts;
``(G) consulting fees or honoraria;
``(H) dividend, profit distribution, stock or stock
option grant, or any ownership or investment interest
held by a physician in a manufacturer (excluding a
dividend or other profit distribution from, or
ownership or investment interest in, a publicly traded
security and mutual fund (as described in section
1877(c)); or
``(I) any other economic benefit, as defined by the
Secretary.
``(7) The purpose of the expenditure according to
categories specified by the Secretary, such as consulting,
education, royalty, and research.
``(b) Annual Summary Report.--Each manufacturer of a covered drug,
device, or medical supply that is required to submit information under
subsection (a) during a year shall submit a report to the Secretary not
later than December 31 of the year that summarizes, in such electronic
form as the Secretary shall specify, each submission of information
under subsection (a) made by the manufacturer during the year. The
summary report shall include the aggregate amount of all transfers of
anything of value that is less than $25, including any compensation,
gift, honorarium, speaking fee, consulting fee, travel, discount, cash
rebate, or services.
``(c) Reporting Date for Applicable Clinical Trials.--
``(1) In general.--Notwithstanding subsection (a), a
payment or other transfer of value made for the general funding
of a clinical trial described in paragraph (2) shall be
disclosed in the first quarterly report after the date clinical
trial information for such trial is required to be posted under
section 402(j)(2)(D) of the Public Health Service Act.
``(2) Clinical trial.--A clinical trial described in this
paragraph is an applicable clinical trial for which clinical
trial information is required to be submitted under section
402(j)(2)(C) of the Public Health Service Act.
``(d) Penalty for Noncompliance.--Any manufacturer of a covered
drug, device, or medical supply that knowingly fails to submit
information required under subsection (a) or (b) in accordance with
regulations promulgated to carry out such subsection, shall be subject
to a civil money penalty of not less than $10,000, but not more than
$100,000, for each such failure. Such penalty shall be imposed and
collected in the same manner as civil money penalties under subsection
(a) of section 1128A are imposed and collected under that section.
``(e) Public Availability.--Not later than June 1, 2009, the
Secretary shall establish procedures to ensure that the information
reported under subsection (a) and the summary reports submitted under
subsection (b) are readily accessible to the public through an Internet
website that is easily searchable, downloadable, and understandable.
``(f) Report to Congress.--Not later than April 1 of each year
beginning with 2010, the Secretary shall submit to Congress a report
that includes the following:
``(1) The information submitted under subsections (a) and
(b) during the preceding year, aggregated for each manufacturer
of a covered drug, device, or medical supply that submitted
such information during such year.
``(2) A description of any enforcement actions taken to
carry out this section, including any penalties imposed under
subsection (d), during the preceding year.
``(g) Definitions.--In this section:
``(1) Covered drug, device, or medical supply.--The term
`covered drug, device, or medical supply' means any drug,
biological product, device, or medical supply for which payment
is available under title XVIII or a State plan under title XIX
or XXI (or a waiver of such a plan).
``(2) Covered organization.--The term `covered
organization' means an organization that is involved in health
care financing, organization, or delivery.
``(3) Manufacturer of a covered drug, device, or medical
supply.--The term `manufacturer of a covered drug, device, or
medical supply' means any entity--
``(A) with annual gross revenues that exceed
$1,000,000; and
``(B) which is engaged in the production,
preparation, propagation, compounding, conversion, or
processing of a covered drug, device, or medical
supply.
``(4) Payment or other transfer of value.--
``(A) In general.--The term `payment or other
transfer of value' means a transfer of anything of
value that exceeds $25, and includes any compensation,
gift, honorarium, speaking fee, consulting fee, travel,
discount, cash rebate, services, or dividend, profit
distribution, stock or stock option grant, or any
ownership or investment interest held by a physician in
a manufacturer (excluding a dividend or other profit
distribution from, or ownership or investment interest
in, a publicly traded security or mutual fund (as
described in section 1877(c)).
``(B) Exclusions.--Such term does not include the
following:
``(i) Product samples that are intended for
patients.
``(ii) A payment or other transfer of value
made for the general funding of a clinical
trial, other than an applicable clinical trial
for which clinical trial information is
required to be submitted under section
402(j)(2)(C) of the Public Health Service Act.
``(iii) A transfer of anything of value to
a physician when the physician is a patient and
not acting in his or her professional capacity.
``(iv) Compensation paid by a manufacturer
of a covered drug, device, or medical supply to
a physician who is directly employed by and
works solely for such manufacturer.
``(5) Physician.--The term `physician' has the meaning
given that term in section 1861(r).
``(6) Significant professional membership interest.--The
term `significant professional membership interest' means, with
respect to a physician and a covered organization, the
physician is a voluntary paying member of such organization or
the physician receives professional certification through such
organization.''.
SEC. 3. LIMITATION ON TAX DEDUCTIONS FOR ADVERTISING BY CERTAIN
MANUFACTURERS OF DRUGS, DEVICES, OR MEDICAL SUPPLIES.
(a) In General.--Part IX of subchapter B of chapter 1 of subtitle A
of the Internal Revenue Code of 1986 (relating to items not deductible)
is amended by adding at the end the following:
``SEC. 280I. LIMITATION ON TAX DEDUCTIONS FOR ADVERTISING BY CERTAIN
MANUFACTURERS OF DRUGS, DEVICES, OR MEDICAL SUPPLIES.
``(a) In General.--No deduction shall be allowed under this chapter
for any taxable year for any expenditure relating to the advertising,
promoting, or marketing (in any medium) of any covered drug, device, or
medical supply manufactured by the taxpayer if, during the taxable
year, a penalty is imposed on the taxpayer under section 1128G(d) of
the Social Security Act (relating to quarterly transparency reports
from manufacturers of covered drugs, devices, or medical supplies under
Medicare, Medicaid, or SCHIP).
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Covered drug, device, or medical supply.--The term
`Covered drug, device, or medical supply' has the meaning given
such term by section 1128G(g) of the Social Security Act.
``(2) Aggregation rules.--All members of the same
controlled group of corporations (within the meaning of section
52(a)) and all persons under common control (within the meaning
of section 52(b)) shall be treated as 1 person.''.
(b) Conforming Amendment.--The table of sections for such part IX
is amended by adding after the item relating to section 280H the
following:
``Sec. 280I. Limitation on tax deductions for advertising by certain
manufacturers of drugs, devices, or medical
supplies.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning ending after the date of the enactment
of this Act.
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Physician Payments Sunshine Act of 2008 - Amends part A of title XI of the Social Security Act to require quarterly transparency reports to the Secretary of Health and Human Services of payments to physicians or their employers, or to a covered organization in which a physician has a significant professional membership interest, by manufacturers of covered drugs, devices, or medical supplies under titles XVIII (Medicare), XIX (Medicaid), or XXI (State Children's Health Insurance Program (SCHIP)) of the Social Security Act.
Amends the Internal Revenue Code to prohibit tax deductions for the advertising, promotion, or marketing by manufacturers of drugs, devices, and medical supplies on whom a penalty is imposed for failing to meet the requirements of this Act.
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{"src": "billsum_train", "title": "To amend title XI of the Social Security Act to provide for transparency in the relationship between physicians and manufacturers of drugs, devices, or medical supplies for which payment is made under Medicare, Medicaid, or SCHIP, and for other purposes."}
| 2,576 | 167 | 0.601674 | 1.577003 | 0.774631 | 4.156028 | 16.687943 | 0.893617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enforce Existing Gun Laws Act''.
SEC. 2. REPEAL OF CERTAIN APPROPRIATIONS RIDERS THAT LIMIT THE ABILITY
OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND
EXPLOSIVES TO ADMINISTER THE FEDERAL FIREARMS LAWS.
(a) Prohibition on Consolidation or Centralization in the
Department of Justice of Firearms Acquisition and Disposition Records
Maintained by Federal Firearms Licensees.--The matter under the heading
``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of division B of the Consolidated and Further
Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law
112-55; 125 Stat. 609-610) is amended by striking the 1st proviso.
(b) Prohibition on Imposition of Requirement That Firearms Dealers
Conduct Physical Check of Firearms Inventory.--The matter under the
heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries
and Expenses'' in title II of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6) is
amended by striking the 5th proviso.
(c) Requirement That Instant Check Records Be Destroyed Within 24
Hours.--Section 511 of the Consolidated and Further Continuing
Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112-55; 125
Stat. 632) is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period.
(d) Limitations Relating to Firearms Trace Data.--
(1) Tiahrt amendments.--
(A) The matter under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of division B of the Consolidated
and Further Continuing Appropriations Act, 2012 (18
U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610)
is amended by striking the 6th proviso.
(B) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the
Consolidated Appropriations Act, 2010 (18 U.S.C. 923
note; Public Law 111-117; 123 Stat. 3128-3129) is
amended by striking ``beginning in fiscal year 2010 and
thereafter'' and inserting ``in fiscal year 2010''.
(C) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the Omnibus
Appropriations Act, 2009 (18 U.S.C. 923 note; Public
Law 111-8; 123 Stat. 574-576) is amended by striking
``beginning in fiscal year 2009 and thereafter'' and
inserting ``in fiscal year 2009''.
(D) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the
Consolidated Appropriations Act, 2008 (18 U.S.C. 923
note; Public Law 110-161; 121 Stat. 1903-1904) is
amended by striking ``beginning in fiscal year 2008 and
thereafter'' and inserting ``in fiscal year 2008''.
(E) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006
(18 U.S.C. 923 note; Public Law 109-108; 119 Stat.
2295-2296) is amended by striking ``with respect to any
fiscal year''.
(F) The 6th proviso under the heading in title I of
division B of the Consolidated Appropriations Act, 2005
(18 U.S.C. 923 note; Public Law 108-447; 118 Stat.
2859-2860) is amended by striking ``with respect to any
fiscal year''.
(2) Prohibition on processing of freedom of information act
requests about arson or explosives incidents or firearm
traces.--Section 644 of division J of the Consolidated
Appropriations Resolution, 2003 (5 U.S.C. 552 note; 117 Stat.
473-474) is repealed.
(e) Prohibition on Use of Firearms Trace Data To Draw Broad
Conclusions About Firearms-Related Crime.--
(1) Section 514 of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6)
is repealed.
(2) Section 516 of the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 633) is
repealed.
(f) Prohibitions Relating to ``Curios or Relics'' and Importation
of Surplus Military Firearm.--
(1) The matter under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2013 (Public Law 113-6) is
amended by striking the 1st proviso.
(2) Section 519 of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6)
is repealed.
(g) Prohibition on Denial of Federal Firearms License Due to Lack
of Business Activity.--The matter under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Consolidated and Further Continuing
Appropriations Act, 2013 (Public Law 113-6) is amended by striking the
6th proviso.
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Enforce Existing Gun Laws Act - Repeals provisions of specified consolidated appropriations acts that: prohibit the use of Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) appropriations for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of Justice (DOJ), records of the acquisition and disposition of firearms maintained by federal firearms licensees; prohibit expending funds appropriated to ATF to promulgate or implement any rule requiring a physical inventory of any firearms business; prohibit using appropriated funds for any criminal background check system that does not require the destruction of identifying information submitted for a transferee within 24 hours after the system advises a licensee that the transferee's receipt of a firearm is not prohibited; prohibit the use of ATF appropriations to disclose the contents of the Firearms Trace System database or any information required to be kept or reported on the acquisition and disposition of firearms by firearms licencees, except to a law enforcement agency, a prosecutor in connection with in a criminal investigation or prosecution; prohibit using appropriations to take any action on a Freedom of Information Act request with respect to certain records collected, maintained, or provided by law enforcement agencies in connection with arson or explosives incidents or the tracing of a firearm; require ATF data releases to include language that would make clear that firearms trace data cannot be used to draw broad conclusions about firearms-related crime; prohibit the use of appropriations to pay administrative expenses or the compensation of any federal employee to implement an amendment to regulations permitting the importation of certain firearms classified as curios or relics, to change the definition of "curios or relics" under such regulations, or to deny an application for a permit to import U.S.-origin curios or relics firearms, parts, or ammunition; and prohibit the use of ATF appropriations to deny issuance or renewal of a firearms license due to a licensee's lack of business activity.
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{"src": "billsum_train", "title": "Enforce Existing Gun Laws Act"}
| 1,526 | 459 | 0.451656 | 1.535502 | 0.745465 | 1.348315 | 3.185393 | 0.646067 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Diplomacy and Development
Strategy Act of 2017''.
SEC. 2. NATIONAL DIPLOMACY AND DEVELOPMENT STRATEGY.
(a) Strategy Required.--
(1) Initial strategy.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
State, in coordination with the Administrator of the
United States Agency for International Development and
the heads of other relevant Federal departments and
agencies, shall submit to Congress a comprehensive
report on the national diplomacy and development
strategy (NDDS) of the United States.
(B) Use of qddr.--For the purposes of fulfilling
the requirement under subparagraph (A), the Quadrennial
Diplomacy and Development Review of 2015 may be used to
inform the development of the NDDS.
(2) Subsequent strategies.--Beginning in the year after the
initial NDDS report is submitted under paragraph (1), the
Secretary of State, in consultation with the Administrator of
the United States Agency for International Development and the
heads of other relevant Federal departments and agencies, shall
submit an NDDS report--
(A) in any year in which a new President is
inaugurated, not later than October 1; and
(B) in any other year, not later than 90 days after
the development of a new National Security Strategy
Report.
(b) Content.--Each NDDS report required under subsection (a) shall
set forth the national diplomacy and development strategy of the United
States and shall, at a minimum, include a comprehensive description and
discussion of the following matters:
(1) The leading worldwide interests and objectives of the
United States, categorized as vital, highly important, or
important, in accordance with categories defined by the
Secretary in order to delineate a clear prioritization of the
United States interests and objectives.
(2) The leading threats, challenges, and opportunities
associated with these interests and objectives, including--
(A) an assessment of the severity and likelihood of
the threats, explicitly linking each threat to a vital,
highly important, or important national interest or
objective;
(B) an assessment of the nature of the challenges
and how each challenge will evolve if left unaddressed;
and
(C) an assessment of the opportunities and
associated potential benefits to United States
interests or objectives.
(3) An overview of the diplomatic and development tools and
sources of leverage necessary to address or minimize the
leading threats and challenges and to take advantage of the
leading opportunities, including an assessment of whether the
United States Government possesses those tools or sources of
leverage and--
(A) for each threat, challenge, or opportunity that
the Secretary assesses the United States Government
lacks sufficient tools or sources of leverage to
address, minimize, or take advantage of, a detailed
plan to develop or improve these tools and sources of
leverage; and
(B) an identification of key existing or needed
military, economic, informational, or intelligence
tools or sources of leverage outside the Department of
State that are critical to the successful
implementation of the NDDS.
(4) A plan to utilize available diplomatic and development
tools or sources of leverage to address or minimize the leading
threats and challenges and to take advantage of the leading
opportunities, including--
(A) a discussion of the optimal allocation of
finite resources and identification of the risks
associated with that allocation;
(B) diplomatic and development regional bureau sub-
plans, incorporating feedback from the functional
bureaus, that seek to promote the national interests
and objectives in each respective worldwide region,
including a description of key priorities and tasks for
United States missions within the region and how
individual missions will work together to support the
regional and international plan;
(C) a description of--
(i) how the NDDS is integrated and
coordinated with the current National Defense
Strategy (as required by section 941 of the
National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328)); and
(ii) how the NDDS supports the national
security strategy (as described in section 108
of the National Security Act of 1947 (50 U.S.C.
3043));
(D) an identification of relationships and
contributions of other United States departments or
agencies that are key to the fulfillment of the plan;
(E) an identification of the desired role of allied
or partner nations and a diplomatic plan to encourage
their cooperation in executing the NDDS; and
(F) an identification of the desired role of select
international organizations, and a diplomatic plan to
encourage their cooperation in executing the NDDS.
(5) An identification of any additional resources or
statutory authorizations necessary from Congress to implement
the NDDS.
(6) Such other information as may be necessary to help
inform Congress on matters relating to the NDDS.
(c) Report.--Each NDDS report required under this section shall be
submitted to the appropriate congressional committees in classified
form with an unclassified summary.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives.
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National Diplomacy and Development Strategy Act of 2017 The Department of State, in coordination with the U.S. Agency for International Development and other relevant federal agencies, shall submit to Congress a comprehensive report on the national diplomacy and development strategy (NDDS) of the United States. The Quadrennial Diplomacy and Development Review of 2015 may be used to inform its development. Beginning in the year after the initial report is submitted, the State Department shall submit an NDDS report: (1) by October 1 of any year in which a new President is inaugurated; and (2) in any other year, by 90 days after the development of a new National Security Strategy Report. Each report shall set forth the NDDS and shall include a comprehensive description and discussion of: the leading worldwide interests and objectives of the United States, categorized as vital, highly important, or important; the leading threats, challenges, and opportunities associated with such interests and objectives; an overview of and a plan to utilize the diplomatic and development tools and sources of leverage necessary to address or minimize the threats and challenges and to take advantage of the opportunities; and an identification of any additional resources or statutory authorizations necessary from Congress to implement the NDDS.
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{"src": "billsum_train", "title": "National Diplomacy and Development Strategy Act of 2017"}
| 1,120 | 255 | 0.797236 | 2.496607 | 0.951355 | 5.543103 | 4.62069 | 0.982759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Oversight of Surplus
Property Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) section 203(j) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(j))
established a system to ensure the fair and equitable
allocation of Federal surplus personal property to eligible
recipients including law enforcement agencies, school systems,
medical institutions, libraries, homeless assistance providers,
and units of local government;
(2) the benefits of the Federal Personal Property
Utilization and Donation Program is measured in terms of
American taxpayer dollars not spent from budgets on new and
expensive property;
(3) Members of Congress and State and local officials all
have an obligation to oversee the fair and equitable
distribution of Government property, thereby ensuring
accountability to the American taxpayers;
(4) the owners of surplus Federal property are the American
people and the Federal Government is merely its public
custodian;
(5) the efforts of the State agencies in distributing
surplus property have enabled thousands of American taxpayers
to acquire items such as office equipment, clothing, furniture,
motor vehicles, forklifts, aircraft, boats and generators which
have been declared surplus to the needs of the Federal
Government;
(6) the effectiveness of the current system for donation of
surplus Federal personal property has been undermined by
programs which mandate that property is made available on a
priority basis to foreign entities before the safety, health,
education, and training needs of American taxpayers are met;
and
(7) new legislation is needed to move the priority for
property transfers through foreign assistance programs to a
level below that for domestic use transfers of excess personal
property to Federal agencies.
SEC. 3. PRIORITY TO STATES AND LOCAL ORGANIZATIONS FOR THE TRANSFER OF
NONLETHAL EXCESS SUPPLIES OF THE DEPARTMENT OF DEFENSE.
Section 2547 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary of
Defense'' and inserting ``Subject to subsection (d), the
Secretary of Defense'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c), the following:
``(d)(1) Nonlethal excess supplies of the Department of Defense
shall be made available to a State or a local government of a State
upon the request of the State or local government pursuant to authority
provided in another provision of law, before such supplies are made
available for humanitarian relief purposes under this section. The
President may make such supplies available for humanitarian purposes
before such supplies are made available to a State or local government
under this subsection in order to respond to an emergency precipitated
by a natural disaster.''.
``(2) In this subsection, the term `State' means a State of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, and any possession of the United States.''.
SEC. 4. TRANSFERS OF PROPERTY FOR ENVIRONMENTAL PROTECTION IN FOREIGN
COUNTRIES.
Section 607 of the Foreign Assistance Act of 1961 (22 U.S.C.
2357(d)) is amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), (C), respectively;
(B) by striking ``(d) The'' and inserting ``(d)(1)
Except as provided in paragraph (3), the''; and
(C) by adding at the end of the following:
``(2) No property may be transferred under paragraph (1) unless the
Administrator of General Services determines that there is no Federal
or State use requirements for the property under any other provision of
law.'';
and
(2) by adding at the end the following:
``(e) Nothing in this section shall prohibit the transfer of
confiscated property to foreign countries.''.
SEC. 5. REPORT ON DISPOSAL AND DONATION SURPLUS PERSONAL PROPERTY.
Not later than 180 days after the date of enactment of this Act,
the Administrator of General Services shall review all statutes
relating to the disposal and donation of surplus personal property and
submit to Congress a report on such statutes including--
(1) the effectiveness of programs administered under such
statutes (except for any program that grants access to personal
property by local communities impacted by the closure of a
military base), and the amount and type of property
administered under each such program during fiscal years 1997
and 1998; and
(2) legislative recommendations to integrate and
consolidate all such programs to be administered by a single
Federal authority working with State agencies while
accomplishing the purposes of such programs.
|
Taxpayer Oversight of Surplus Property Act - Requires that nonlethal excess supplies of the Department of Defense be made available to a State or a local government upon request before such supplies are made available for humanitarian relief purposes. Permits the President to make such supplies available for humanitarian purposes before they are made available to a State or local government in response to a natural disaster emergency.
Amends the Foreign Assistance Act of 1961, with respect to the transfer of property for environmental protection in foreign countries, to prohibit such transfers unless the Administrator of General Services (GSA Administrator) determines that there are no Federal or State use requirements for the property under any other provision of law.
Requires the GSA Administrator to report to the Congress on the effectiveness of surplus personal property donation and disposal programs (except for any program that grants access to personal property by local communities affected by the closure of a military base), along with recommendations for consolidating such programs under a single Federal authority.
|
{"src": "billsum_train", "title": "Taxpayer Oversight of Surplus Property Act"}
| 1,033 | 212 | 0.527992 | 1.492282 | 0.685246 | 4.655914 | 5.354839 | 0.924731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Insurance Premiums for Disabled
Veterans Act''.
SEC. 2. REDUCTION IN SERVICE-DISABLED VETERANS INSURANCE PREMIUMS.
(a) In General.--Section 1922(a) of title 38, United States Code,
is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by striking the fourth sentence and all that follows
and inserting the following:
``(2) Insurance granted under this section shall be issued upon the
same terms and conditions as are contained in the standard policies of
National Service Life Insurance, except that--
``(A) the premium rates for such insurance--
``(i) for premiums for months beginning before the
date of the enactment of the Fair Insurance Premiums
for Disabled Veterans Act shall be based on the
Commissioners 1941 Standard Ordinary Table of Mortality
and interest at the rate of 2\1/4\ percent per year;
and
``(ii) for premiums for months beginning on or
after that date shall be based upon the 2001
Commissioners Standard Ordinary Table of Mortality and
interest at the rate of 4.5 percent per year;
``(B) all cash, loan, paid-up, and extended values--
``(i) for a policy issued under this section before
the date of the enactment of the Fair Insurance
Premiums for Disabled Veterans Act shall be based upon
the Commissioners 1941 Standard Ordinary Table of
Mortality and interest at the rate of 2\1/4\ percent
per year; and
``(ii) for a policy issued under this section on or
after that date shall be based upon the 2001
Commissioners Standard Ordinary Table of Mortality and
interest at the rate of 4.5 percent per year;
``(C) all settlements on policies involving annuities shall
be calculated on the basis of the Annuity Table for 1949, and
interest at the rate of 2\1/4\ percent per year;
``(D) insurance granted under this section shall be on a
nonparticipating basis;
``(E) all premiums and other collections for insurance
under this section shall be credited directly to a revolving
fund in the Treasury of the United States; and
``(F) any payments on such insurance shall be made directly
from such fund.
``(3) Appropriations to the fund referred to in subparagraphs (E)
and (F) of paragraph (2) are hereby authorized.
``(4) As to insurance issued under this section, waiver of premiums
pursuant to section 602(n) of the National Service Life Insurance Act
of 1940 and section 1912 of this title shall not be denied on the
ground that the service-connected disability became total before the
effective date of such insurance.
``(5) Administrative costs to the Government for the costs of the
program of insurance under this section shall be paid from amounts
credited to the fund under subparagraph (E) of paragraph (2), and
payments for claims against the fund for amounts in excess of amounts
credited to the fund under that subparagraph (after such administrative
costs have been paid) shall be paid from appropriations to the fund.''.
(b) Conforming Amendment.--Section 1982 of such title is amended by
inserting ``1922(a)(5),'' after ``1920(c),''.
SEC. 3. INCREASE IN MAXIMUM COVERAGE UNDER VETERANS' MORTGAGE LIFE
INSURANCE PROGRAM TO $200,000.
(a) Increase.--Subsection (b) of section 2106 of title 38, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by designating the second, third, and fourth sentences
as paragraphs (2), (3), and (4), respectively;
(3) in paragraph (1), as designated by paragraph (1) of
this subsection, by striking ``may not exceed'' and all that
follows through ``on the housing unit.'' and inserting ``shall
be the amount of the loan outstanding on the housing unit,
except that--
``(A) coverage may not exceed $200,000; and
``(B) a veteran may elect, in writing, to be covered for
less than the maximum coverage available.''; and
(4) in paragraph (2), as designated by paragraph (2) of
this subsection, by striking ``of such insurance'' and
inserting ``of insurance provided a veteran under this
section''.
(b) Conforming Amendment.--Subsection (g) of such section is
amended by striking ``of this section or'' and inserting ``or an
election under that subsection or by''.
(c) Effective Date.--The amendments made by subsection (a) shall
take effect at the end of the 120-day period beginning on the date of
the enactment of this Act.
|
Fair Insurance Premiums for Disabled Veterans Act - Amends Federal provisions concerning service-disabled veterans' life insurance to state that the premium rates for such insurance: (1) for months beginning before the date of enactment of this Act shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2 and one-fourth percent per year; and (2) for months beginning on or after the date of enactment of this Act shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality at a four and one-half percent interest rate. Makes the same changes with respect to all policy cash, loan, paid-up, and extended values.
Increases from $90,000 to $200,000 the maximum amount of veterans' mortgage life insurance coverage.
|
{"src": "billsum_train", "title": "To amend title 38, United States Code, to make improvements to certain life insurance programs, administered by the Secretary of Veterans Affairs for veterans with service-connected disabilities, and for other purposes."}
| 1,102 | 175 | 0.656881 | 1.796931 | 0.744789 | 3.626667 | 6.753333 | 0.893333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Apollo Exploration Award Act of
2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On July 20, 1969, Neil A. Armstrong and Edwin E.
``Buzz'' Aldrin Jr., became the first humans to set foot on
another celestial body, during the Apollo 11 mission,
accompanied in lunar orbit by Michael Collins.
(2) Between 1969 and 1972, ten other Americans courageously
completed the first human exploration of the lunar surface,
accompanied by five command module pilots:
(A) Apollo 12--Charles J. ``Pete'' Conrad Jr., Alan
L. Bean, and Richard F. Gordon Jr.
(B) Apollo 14--Alan B. Shepard Jr., Edgar D.
Mitchell, and Stuart A. Roosa.
(C) Apollo 15--David R. Scott, James B. Irwin, and
Alfred M. Worden.
(D) Apollo 16--John W. Young, Charles M. Duke Jr.,
and Thomas K. Mattingly II.
(E) Apollo 17--Eugene A. Cernan, Ronald E. Evans,
and Harrison H. Schmitt.
(3) In April 1970, James A. Lovell Jr., John L. Swigert
Jr., and Fred W. Haise Jr., valiantly made a safe return from
the Moon on the Apollo 13 mission, after their command module
was disabled by an explosion.
(4) The enormous successes of the Apollo lunar landing
missions were only possible due to the pioneering work of the
previous Apollo missions, which performed critical testing of
the spacecraft and methods, and conducted the first human
travel to the Moon:
(A) Apollo 7--Walter M. Schirra Jr., Donn F.
Eisele, and R. Walter Cunningham.
(B) Apollo 8--Frank Borman, James A. Lovell Jr.,
and William A. Anders.
(C) Apollo 9--James A. McDivitt, David R. Scott,
and Russell L. Schweickart.
(D) Apollo 10--Thomas P. Stafford, John W. Young,
and Eugene A. Cernan.
(5) In January 1967, astronauts Virgil I. Grissom, Edward
H. White, and Roger B. Chaffee lost their lives in a tragic
fire in the command module while testing the spacecraft which
would have carried them on the first manned Apollo mission.
(6) Since the time of the Apollo program, the program's
astronauts have promoted space exploration and human endeavor
by sharing their experiences with the American people and the
world, stimulating the imagination and the belief that any goal
can be achieved.
(7) Sadly, astronauts John L. Swigert Jr., Donn F. Eisele,
Ronald E. Evans, James B. Irwin, Stuart A. Roosa, Alan B.
Shepard Jr., and Charles J. ``Pete'' Conrad Jr., have died
since completing their missions.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that the American people should
provide a fitting and tangible tribute to each of the astronauts of the
Apollo program, to recognize and commemorate their bravery, substantial
scientific and technical accomplishments, and unique contributions to
American and world history.
SEC. 4. APOLLO EXPLORATION AWARD.
(a) In General.--The Administrator of the National Aeronautics and
Space Administration (hereafter in this Act referred to as the
``Administrator'') shall design and present an appropriate award, to be
named the ``Apollo Exploration Award'', commemorating the
accomplishments of the astronauts who flew in the Apollo program.
(b) Design.--The Administrator shall ensure that the Apollo
Exploration Award shall have the following characteristics:
(1) A lunar rock sample shall be the central feature of the
award.
(2) The design of the award shall permit free access to and
removal of the lunar sample by the award recipient.
(c) Presentation.--The Administrator shall present one award
created under this Act to each of the following Apollo astronauts, or
if such person is deceased, to his closest living family member or heir
(as determined by the Administrator):
(1) Buzz Aldrin (formerly known as Edwin E. Aldrin Jr.) of
Apollo 11.
(2) William A. Anders of Apollo 8.
(3) Neil A. Armstrong of Apollo 11.
(4) Alan L. Bean of Apollo 12.
(5) Frank Borman of Apollo 8.
(6) Eugene A. Cernan of Apollo 10 and Apollo 17.
(7) Roger B. Chafee of Apollo 1.
(8) Michael Collins of Apollo 11.
(9) Charles J. ``Pete'' Conrad Jr. of Apollo 12.
(10) R. Walter Cunningham of Apollo 7.
(11) Charles M. Duke Jr. of Apollo 16.
(12) Donn F. Eisele of Apollo 7.
(13) Ronald E. Evans of Apollo 17.
(14) Richard F. Gordon Jr. of Apollo 12.
(15) Virgil I. Grissom of Apollo 1.
(16) Fred W. Haise Jr. of Apollo 13.
(17) James B. Irwin of Apollo 15.
(18) James A. Lovell Jr. of Apollo 8 and Apollo 13.
(19) Thomas K. Mattingly II of Apollo 16.
(20) James A. McDivitt of Apollo 9.
(21) Edgar D. Mitchell of Apollo 14.
(22) Stuart A. Roosa of Apollo 14.
(23) Walter M. Schirra Jr. of Apollo 7.
(24) Harrison H. Schmitt of Apollo 17.
(25) Russell L. Schweickart of Apollo 9.
(26) David R. Scott of Apollo 9 and Apollo 15.
(27) Alan B. Shepard Jr. of Apollo 14.
(28) Thomas P. Stafford of Apollo 10.
(29) John L. Swigert Jr. of Apollo 13.
(30) Edward H. White of Apollo 1.
(31) Alfred M. Worden of Apollo 15.
(32) John W. Young of Apollo 10 and Apollo 16.
SEC. 5. PROHIBITION ON PROFIT.
No person may use an award presented under this Act for monetary
gain or profit.
SEC. 6. TRANSFER OF AWARD.
(a) In General.--Notwithstanding any other provision of law,
ownership interest in an award presented under this Act may not be--
(1) sold, traded, bartered, or exchanged for anything of
value; or
(2) otherwise transferred, other than to a family member of
the original recipient of the award or by inheritance.
(b) Exception for Public Display.--The prohibition in subsection
(a) does not apply to a transfer to a museum or nonprofit organization
for the purpose of public display.
(c) Reversion.--Ownership of an award presented under this Act
reverts to the Administrator if--
(1) no person inherits the award after the death of its
owner; or
(2) the award is not being displayed publicly under
subsection (b).
SEC. 7. RECALL OF LUNAR MATERIAL.
(a) In General.--The Administrator may recall a lunar sample
contained in an award presented under this Act if the Administrator
determines that the particular lunar sample is required for scientific
purposes.
(b) Prompt Return.--The Administrator shall promptly return a lunar
sample recalled under subsection (a) to its owner when such sample is
no longer required for scientific purposes.
(c) Replacement.--The Administrator may replace a lunar sample
recalled under subsection (a) with a substantially equivalent lunar
sample if the Administrator determines that such recalled lunar sample
will not be promptly returned in its entirety and without substantial
degradation.
Passed the House of Representatives September 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
|
Requires the Administrator of the National Aeronautics and Space Administration to design and present an Apollo Exploration Award, commemorating the accomplishments of the astronauts who flew in the Apollo program. Requires the award to make a lunar rock sample its central feature.Specifies award recipients.Prohibits: (1) the use of the award for monetary gain or profit; or (2) its transfer other than to a family member of the original recipient or by inheritance.Provides for: (1) recall of a lunar sample contained in the award if the Administrator determines that such sample is required for scientific purposes; (2) prompt return of the sample to its owner when it is no longer required; and (3) replacement of the sample with a substantially equivalent one if the Administrator determines that it will not be promptly returned in its entirety and without substantial degradation.
|
{"src": "billsum_train", "title": "Apollo Exploration Award Act of 1999"}
| 1,728 | 183 | 0.286341 | 0.852186 | 0.641108 | 4.079755 | 9.558282 | 0.95092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girl Scouts USA Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress find as follows:
(1) The Girl Scouts of the United States of America is the
world's preeminent organization dedicated solely to girls where
they build character and skills for success in the real world.
(2) In 1911, Juliette Gordon Low met Sir Robert Baden-Powell, a
war hero and the founder of the Boy Scouts.
(3) With Baden-Powell's help and encouragement, Juliette Gordon
Low made plans to start a similar association for American girls.
(4) On March 12, 1912, Juliette Gordon Low organized the first
2 Girl Scout Troops in Savannah, Georgia consisting of 18 members.
(5) Low devoted the next 15 years of her life to building the
organization, which would become the largest voluntary association
for women and girls in the United States.
(6) Low drafted the Girl Scout laws, supervised the writing of
the first handbook in 1913, and provided most of the financial
support for the organization during its early years.
(7) The Girl Scouts of the United States of America was
chartered by the United States Congress in 1950 in title 36, United
States Code.
(8) Today there are more than 3,700,000 members in 236,000
troops throughout the United States and United States territories.
(9) Through membership in the World Association of Girl Guides
and Girl Scouts, Girls Scouts of the United States of America is
part of a worldwide family of 10,000,000 girls and adults in 145
countries.
(10) More than 50,000,000 American women enjoyed Girl Scouting
during their childhood--and that number continues to grow as Girl
Scouts of the United States of America continues to inspire,
challenge, and empower girls everywhere.
(11) March 12, 2012 will mark the 100th Anniversary of the Girl
Scouts of the United States of America.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of the centennial of the
Girl Scouts of the USA, each of 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 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 centennial of the Girl Scouts of the
United States of America.
(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 ``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 be--
(1) selected by the Secretary, after consultation with the Girl
Scouts of the United States of America and the Commission of Fine
Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under
this Act.
(2) Use of the united states mint at west point, new york.--It
is the sense of the Congress that the coins minted under this Act
should be struck at the United States Mint at West Point, New York,
to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year 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 with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per 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 paid to the Girl Scouts of the
United States of America to be made available for Girl Scout program
development and delivery.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Girl Scouts of the United States of America as may be
related to the expenditures of amounts paid 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.
SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Continued Issuance of Certain Commemorative Coins Minted in
2009.--Notwithstanding sections 303 and 304 of the Presidential $1 Coin
Act of 2005 (31 U.S.C. 5112 note), the Secretary of the Treasury may
continue to issue numismatic items that contain 1-cent coins minted in
2009 after December 31, 2009, until not later than June 30, 2010.
(b) Distribution of Surcharges.--Section 7 of the Jamestown 400th
Anniversary Commemorative Coin Act of 2004 (31 U.S.C. 5112 note) is
amended--
(1) in subsection (b)(2)(B), by striking ``in equal shares''
and all that follows through the period at the end and inserting
``in the proportion specified to the following organizations for
the purposes described in such subparagraph:
``(i) 2/3 to the Association for the Preservation of
Virginia Antiquities.
``(ii) 1/3 to the Jamestown-Yorktown Foundation of the
Commonwealth of Virginia.''; and
(2) in subsection (c), by striking ``, the Secretary of the
Interior,''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the founding of the Girl Scouts of the USA.
Requires the coin design to be emblematic of the centennial of the Girl Scouts of the United States of America.
Restricts issuance of such coins to calendar year 2013.
Subjects coin sales to a surcharge of $10 per coin.
Requires payment of such surcharges to the Girl Scouts of the United States of America for Girl Scout program development and delivery. Provides for examination by the Comptroller General of books, records, documents, and other data of the Girl Scouts as may be related to the expenditures of the amounts paid.
Prohibits any surcharge if the coin's issuance would cause the number of commemorative coin programs issued during the year to exceed the annual two commemorative coin program issuance limitation.
Permits continuation of the issuance of numismatic items that contain one-cent coins minted in 2009 until June 30, 2010.
Amends the Jamestown 400th Anniversary Commemorative Coin Act of 2004 to remove reference to the Secretary of the Interior as being a one of the recipients of the distribution of the surcharges received from the sale of coins issued in commemoration of the 400th anniversary of the Jamestown settlement in Virginia and specifies the distribution among the remaining two recipients.
|
{"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of the Girl Scouts of the United States of America."}
| 1,775 | 320 | 0.431681 | 1.414837 | 0.812662 | 3.701149 | 6.130268 | 0.8659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deport Convicted Foreign Criminals
Act of 2011''.
SEC. 2. DISCONTINUING GRANTING CERTAIN VISAS TO NATIONALS OF COUNTRY
DENYING OR DELAYING ACCEPTING ALIENS.
(a) Discontinuing Granting Certain Visas to Nationals of Country
Denying or Delaying Accepting Aliens.--Section 241(b) of the
Immigration and Nationality Act (8 U.S.C. 1253(b)) is amended by adding
at the end the following:
``(4) Discontinuing granting certain visas to nationals of
country denying or delaying accepting aliens.--
``(A) Quarterly reports.--
``(i) In general.--Not later than 90 days
after the date of the enactment of the Deport
Convicted Foreign Criminals Act of 2011, and
every 90 days thereafter, the Secretary of
Homeland Security shall submit a report to the
Congress that--
``(I) lists each country that has,
during the 90-day period immediately
preceding submission of the report,
refused or unreasonably delayed
repatriation of an alien who is a
citizen, subject, national, or resident
of such country;
``(II) includes the total number of
aliens described under subclause (I)
whose removal was refused or
unreasonably delayed, disaggregated
by--
``(aa) country;
``(bb) detention status;
and
``(cc) criminal status; and
``(III) lists, in a distinct
section of the report, each country
that was listed--
``(aa) under subclause (I)
in this report; and
``(bb) in the report
submitted immediately preceding
this report.
``(ii) Refuses or unreasonably delays.--A
country is deemed to have refused or
unreasonably delayed the acceptance of an alien
who is a citizen, subject, national, or
resident of that country if not later than 90
days after receiving a request to repatriate
such alien from an official of the United
States who is authorized to make such a
request, the country does not accept the alien.
``(iii) Compliance by issuance of travel
documents.--A country that is listed pursuant
to clause (i)(I) may not be listed pursuant to
clause (i)(III) in the report (in this clause
referred to as the `later report') submitted
immediately subsequent to the report in which
the country is so listed if the country issues
appropriate travel documents not later than 60
days after the submission of the first report
referred to in this clause on behalf of--
``(I) not less than 90 percent of
the number of aliens who were included
in the later report, pursuant to
subparagraph (A)(i)(II), for that
country; or
``(II) each alien who was included
in the later report, pursuant to
subparagraph (A)(i)(II), for that
country, except for not more than 10
such aliens who are noncriminal aliens.
``(B) Limitation on issuance of visas.--Beginning
on the date that the second report has been submitted
under subparagraph (A), the Secretary of State may not
issue to a citizen, subject, national, or resident of a
country (other than an alien seeking refugee status)--
``(i) beginning on the date that a country
is listed pursuant to subparagraph (A)(i)(III),
a nonimmigrant visa pursuant to subparagraph
(A) or (G) of section 101(a)(15), except that
the ambassador of such country to the United
States may be issued a visa pursuant to such
subparagraph (A);
``(ii) beginning 90 days after the
restriction in clause (i) has applied to such
country, a nonimmigrant visa pursuant to
subparagraph (F), (J), (M), or (O) of section
101(a)(15);
``(iii) beginning 90 days after the
restriction in clause (ii) has applied to such
country, an immigrant visa as a diversity
immigrant under section 203(c);
``(iv) beginning 90 days after the
restriction in clause (iii) has applied to such
country, a nonimmigrant visa pursuant to
subparagraph (H), (L), or (P) of section
101(a)(15);
``(v) beginning 90 days after the
restriction in clause (iv) has applied to such
country, an immigrant visa as an employment-
based immigrant under section 203(b);
``(vi) beginning 90 days after the
restriction in clause (v) has applied to such
country, any nonimmigrant visa; and
``(vii) beginning 90 days after the
restriction in clause (vi) has applied to such
country, any immigrant visa.
``(C) Period of sanction.--Except as provided under
subparagraph (D), if a country is listed pursuant to
subparagraph (A)(i)(III), subparagraph (B) shall apply
with regard to the issuance of a visa by the Secretary
of State to a citizen, subject, national, or resident
of such country until the earlier of--
``(i) a report is submitted under
subparagraph (A) and the country is not listed
pursuant to clause (i)(III) of such
subparagraph;
``(ii) the country issues appropriate
travel documents on behalf of and accepts each
alien who is a citizen, subject, national, or
resident of such country and whose repatriation
the country has refused or unreasonably
delayed; or
``(iii) the enactment into law of a joint
resolution in accordance with subparagraph (E)
providing for the waiver of this paragraph with
respect to such country.
``(D) Periodic adjustment.--In the case of any
country that is subject to a restriction on visa
issuance under subparagraph (B) following submission of
a report (in this subparagraph referred to as the
`original report') under subparagraph (A), the
Secretary of State may reverse the restriction under
subparagraph (B) that was most recently applied to that
country--
``(i) only if, in the report submitted
immediately subsequent to the original report,
the country has accepted 50 percent of the
aliens who were included in the original
report, pursuant to subparagraph (A)(ii), for
that country; and
``(ii) the Secretary may not reverse a
restriction under subparagraph (B)(i).
``(E) Waiver.--
``(i) Request.--The President or a designee
of the President may submit a written request
to Congress that this subsection be waived,
wholly or in part, with respect to any country.
``(ii) Congressional action.--Each House of
Congress shall take action on a joint
resolution approving the waiver request not
later than 20 days after receiving that
request.
``(F) Effect of unauthorized issuance.--Any visa
issued in violation of this paragraph shall be null and
void.''.
(b) Conforming Amendment.--Section 243 of the Immigration and
Nationality Act (8 U.S.C. 1253) is amended by striking subsection (d).
SEC. 3. NOTICE TO STATE AND LOCAL LAW ENFORCEMENT.
(a) Notice.--
(1) In general.--In the case of an alien described in
paragraph (2), if that alien is released, the Secretary of
Homeland Security shall provide notice as soon as practicable
to the chief law enforcement officer of the State and of the
local jurisdiction in which that alien is released.
(2) Alien described.--An alien is described in this
paragraph if the alien has been detained by the United States
and has received a final order of removal under chapter 4 of
the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) and
has not been removed.
(b) Information Contained in Notice.--The notice under subsection
(a) shall include the following information, if available, about each
alien:
(1) If the alien was released by reason of the refusal of a
country of which the alien is a citizen, subject, national, or
resident to accept that alien, an explanation by the Secretary
of Homeland Security detailing--
(A) how the sanctions under section 241(b)(4) of
the Immigration and Nationality Act (8 U.S.C.
1253(b)(4)) were applied to that country; and
(B) how such sanctions may be enhanced in order to
secure the cooperation of that country in accepting
that alien.
(2) Name.
(3) Location where the alien is released.
(4) Date of release.
(5) Country of nationality.
(6) Detention status.
(7) Criminal history, including probation and parole
information.
SEC. 4. INSPECTOR GENERAL REPORT.
On date that is 1 day after the date that the President submits a
budget under section 1105(a) of title 31, United States Code, for
fiscal year 2014, the Inspector General of the Department of Homeland
Security shall submit a report to Congress regarding whether or not the
Secretary of Homeland Security is faithfully executing this Act and the
amendments made by this Act, and is making requests to repatriate
aliens as appropriate.
|
Deport Convicted Foreign Criminals Act of 2011 - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to report quarterly to Congress regarding each country that has refused or unreasonably delayed repatriation of an alien who is a citizen, subject, national, or resident of such country. Requires a report to include the aliens' detention and criminal status.
Prohibits the Secretary of State, upon the passage of specified periods of time, from issuing certain nonimmigrant (including certain diplomatic) visas and immigrant visas to a citizen, subject, national, or resident of a listed country.
Directs the Secretary of Homeland Security to notify the chief law enforcement officer of the state and of the local jurisdiction in which an alien who has been detained by the United States is released. Defines "alien" as an individual who has been detained by the United States and has received a final order of removal but has not been removed.
|
{"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to clarify the law prohibiting the Secretary of State from issuing certain visas to nationals of countries that refuse or unreasonably delay repatriation, and for other purposes."}
| 2,144 | 221 | 0.627152 | 1.709278 | 0.812421 | 4.438889 | 10.438889 | 0.894444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Individual Assistance Improvement
Act of 2015''.
SEC. 2. IMPROVEMENTS TO FEDERAL DISASTER RELIEF AND EMERGENCY
ASSISTANCE.
(a) Report on Small State and Rural Area Assistance.--Not later
than 180 days after the date of the enactment of this Act, and annually
thereafter, the Administrator of the Federal Emergency Management
Agency shall submit to Congress a report with recommendations for
improving Federal assistance, with respect to small States and rural
areas, under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.). The report shall include an
identification of additional resources required for recommended
improvements.
(b) Factors for Individual Assistance Program.--In measuring the
severity, magnitude, and impact of a disaster and evaluating the need
for assistance to individuals under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, the Administrator shall not apply,
with respect to a rural area, the factor set out in section
206.48(b)(1) of title 44, Code of Federal Regulations (relating to the
concentration of damages).
(c) Release of Documentation Related to Disaster Declaration
Decisions.--Not later than 25 days after a Governor, or Chief Executive
of an Indian tribal government, requests documentation related to a
major disaster declaration decision under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170),
the Administrator shall provide the Governor, or Chief Executive, with
all such documentation, including--
(1) an analysis of the factors that the Federal Emergency
Management Agency considered in making the decision, including
any threshold, limit, or average that the Agency applied; and
(2) a rationale explaining the decision.
(d) Study on Damage Assessment.--
(1) Study.--The Comptroller General of the United States
shall conduct a comprehensive review of--
(A) the damage assessment processes of the Agency
with respect to major disaster declarations; and
(B) the teams that carry out such processes.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report on the results of the review conducted under
paragraph (1), including recommendations for improving such
processes.
(e) Biennial Study of Average Amount of Individual Assistance.--
(1) Study.--Not later than the end of the first quarter of
the first full fiscal year beginning after the date of the
enactment of this Act, and biennially thereafter, the
Administrator shall conduct a study--
(A) to compare--
(i) the average amount of individual
assistance provided per person for each major
disaster declared during the 5 most recently
completed fiscal years;
(ii) the average damages realized per
individual for each such disaster; and
(iii) for each event where a request for a
major disaster declaration was denied during
the 5 most recently completed fiscal years, the
average damages realized per individual for
each such event; and
(B) to collect the data needed to update the table
included after section 206.48(b)(6) of title 44, Code
of Federal Regulations (relating to the average amount
of individual assistance by State).
(2) Report and update.--Not later than 180 days after the
completion of each study under paragraph (1), the Administrator
shall submit to Congress a report on the results of the study
and update the table described in paragraph (1)(B).
(f) Definitions.--In this Act, the following definitions shall
apply:
(1) Governor.--The term ``Governor'' has the meaning given
such term in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(2) Rural.--The term ``rural'' means an area that is
located--
(A) outside a metropolitan statistical area, as
defined by the Office of Management and Budget; or
(B) in a census tract in a metropolitan statistical
area with a Department of Agriculture rural-urban
commuting area code of 4 or higher.
(3) Small state.--The term ``small State'' has the same
meaning as such term is used in the table included after
section 206.48(b)(6) of title 44, Code of Federal Regulations.
|
Individual Assistance Improvement Act of 2015 This bill requires the Federal Emergency Management Agency (FEMA) to submit to Congress an annual report on recommendations for improving federal assistance for small states and rural areas under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and additional resources required for such improvements. In measuring the severity, magnitude, and impact of a disaster and evaluating the need for assistance to individuals under that Act, FEMA shall not apply, with respect to a rural area, the factor relating to concentration of damages. FEMA shall provide the governor or the chief executive of an Indian tribal government with documentation related to a major disaster declaration decision within 25 days after such individual requests that documentation, including: (1) an analysis of the factors that it considered in making the decision, and (2) its rationale. The Government Accountability Office shall conduct a comprehensive review of: (1) FEMA's damage assessment processes for major disaster declarations, and (2) the teams that carry out such processes. FEMA shall conduct a study, biennially, to: (1) compare the average amount of individual assistance provided per person for each major disaster declared during the five most recently completed fiscal years, the average damages realized per individual for each disaster, and the average damages realized per individual for each event where a request for a major disaster declaration was denied during the five most recently completed fiscal years; and (2) collect the data needed to update a table relating to the average amount of individual assistance by state.
|
{"src": "billsum_train", "title": "Individual Assistance Improvement Act of 2015"}
| 954 | 304 | 0.728901 | 2.255976 | 0.894397 | 4.455782 | 2.959184 | 0.938776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Victims of Terrorism Act
of 2002''.
SEC. 2. SATISFACTION OF JUDGMENTS FROM FROZEN ASSETS OF TERRORISTS,
TERRORIST ORGANIZATIONS, AND STATE SPONSORS OF TERRORISM.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsection (b), in every case in which a person
has obtained a judgment against a terrorist party on a claim based upon
an act of terrorism or for which a terrorist party is not immune under
section 1605(a)(7) of title 28, United States Code, the blocked assets
of that terrorist party (including the blocked assets of any agency or
instrumentality of that terrorist party) shall be subject to execution
or attachment in aid of execution in order to satisfy such judgment to
the extent of any compensatory damages for which such terrorist party
has been adjudged liable.
(b) Presidential Waiver.--
(1) In general.--Subject to paragraph (2), upon determining
on an asset-by-asset basis that a waiver is necessary in the
national security interest, the President may waive the
requirements of subsection (a) in connection with (and prior to
the enforcement of) any judicial order directing attachment in
aid of execution or execution against any property subject to
the Vienna Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations.
(2) Exception.--A waiver under this subsection shall not
apply to--
(A) property subject to the Vienna Convention on
Diplomatic Relations or the Vienna Convention on
Consular Relations that has been used by the United
States for any nondiplomatic purpose (including use as
rental property), or the proceeds of such use; or
(B) the proceeds of any sale or transfer for value
to a third party of any asset subject to the Vienna
Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations.
(c) Special Rule for Cases Against Iran.--Section 2002 of the
Victims of Trafficking and Violence Protection Act of 2000 (Public Law
106-386; 114 Stat. 1542) is amended--
(1) in subsection (a)(2)(A)(ii), by inserting after ``July
27, 2000'' the following: ``or before October 28, 2000,'';
(2) in subsection (b)(2)(B)(i), by inserting after ``the
date of enactment of this Act'' the following: ``(less amounts
therein as to which the United States has an interest in
subrogation pursuant to subparagraph (C) arising prior to the
date of entry of the judgment or judgments to be satisfied in
whole or in part hereunder).'';
(3) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(4) by inserting after subsection (c) the following new
subsection (d):
``(d) Distribution of Foreign Military Sales Funds Inadequate to
Satisfy Full Amount of Compensatory Awards Against Iran.--
``(1)(A) In the event that the Secretary determines that
the amounts available to be paid under subsection (b)(2) are
inadequate to pay the entire amount of compensatory damages
awarded in judgments issued as of the date of the enactment of
the Justice for Victims of Terrorism Act of 2002 in cases
identified in subsection (a)(2)(A), the Secretary shall, not
later than 60 days after such date, make payment from the
account specified in subsection (b)(2) to each party to which
such judgment has been issued a share of the amounts in that
account which are not subject to subrogation to the United
States under this Act.
``(B) The amount so paid to each such person shall be
calculated by the proportion that the amount of compensatory
damages awarded in a judgment issued to that particular person
bears to the total amount of all compensatory damages awarded
to all persons to whom judgments have been issued in cases
identified in subsection (a)(2)(A) as of the date referred to
in subparagraph (A).
``(2) Nothing herein shall bar, or require delay in,
enforcement of any judgment to which this subsection applies
under any procedure or against assets otherwise available under
this section or under any other provision of law.
``(3) Any person receiving less than the full amount of
compensatory damages awarded to that party in judgments to
which this subsection applies shall not be required to make the
election set forth in subsection (a)(2)(C) in order to qualify
for payment hereunder.''.
(d) Definitions.--In this section:
(1) The term ``terrorist party'' means a terrorist, a
terrorist organization, or a foreign state designated as a
state sponsor of terrorism under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).
(2) The term ``blocked asset'' means any asset seized or
frozen by the United States in accordance with law, or
otherwise held by the United States without claim of ownership
by the United States.
(3) The term ``property subject to the Vienna Convention on
Diplomatic Relations or the Vienna Convention on Consular
Relations'' and the term ``asset subject to the Vienna
Convention on Diplomatic Relations or the Vienna Convention on
Consular Relations'' mean any property or asset, respectively,
the attachment in aid of execution or execution of which would
result in a violation of an obligation of the United States
under the Vienna Convention on Diplomatic Relations or the
Vienna Convention on Consular Relations, as the case may be.
|
Justice for Victims of Terrorism Act of 2002 - Mandates satisfaction of judgements against a terrorist party from the frozen assets of terrorists, terrorist organizations, and State sponsors of terrorism. Authorizes the President to waive this requirement before the enforcement of any judicial order directing attachment in aid of execution against property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, upon a determination on an asset-by-asset basis that waiver is necessary in the national security interest.Amends the Victims of Trafficking and Violence Protection Act of 2000 to set forth a special rule for cases against Iran with respect to distribution of foreign military sales funds inadequate to satisfy the amount of compensatory awards against Iran.
|
{"src": "billsum_train", "title": "To provide for satisfaction of judgements from frozen assets of terrorists, terrorist organizations, and State sponsors of terrorism, and for other purposes."}
| 1,284 | 160 | 0.659504 | 1.95394 | 0.766481 | 5.218045 | 8.729323 | 0.932331 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Nurses Appreciation Act of 1999''.
SEC. 2. REVISED AUTHORITY FOR ADJUSTMENT OF BASIC PAY FOR NURSES AND
CERTAIN OTHER HEALTH-CARE PROFESSIONALS OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) Annual Adjustments Under Title 5.--Section 7451 of title 38,
United States Code, is amended--
(1) by striking subsections (d), (e), (f), and (g); and
(2) by adding after subsection (c) the following new
subsection (d):
``(d) The rates of basic pay for each grade in a covered position
shall (notwithstanding subsection (a)(3)(A)) be adjusted annually by
the same percentages as the rates of pay under the General Schedule are
adjusted pursuant to sections 5303 and 5304 of title 5. Adjustments
under this subsection shall be effective on the same date as the annual
adjustments made in accordance with such sections 5303 and 5304.''.
(b) Revised Title 38 Locality Pay Authority.--Such section is
further amended by adding after subsection (d), as added by subsection
(a) of this section, the following new subsection (e):
``(e)(1) Whenever after October 1, 2002, the Secretary determines
that the rates of basic pay in effect for a grade of a covered
position, as most recently adjusted under subsection (d), at a given
Department health-care facility are inadequate to recruit or retain
high-quality personnel in that grade at that facility, the Secretary
shall in accordance with this subsection adjust the rates of basic pay
for that grade at that facility.
``(2) An adjustment in rates of basic pay for a grade under this
subsection shall be made by determining a minimum rate of basic pay for
the grade and then adjusting the other rates of basic pay for the grade
to conform to the requirements of subsection (c).
``(3)(A) The Secretary shall determine a minimum rate of basic pay
for a grade for purposes of paragraph (2) so as to achieve consistency
between the rates of basic pay for the grade at the facility concerned
and the rates of compensation in the Bureau of Labor Statistics labor
market in which the facility is located for non-Department health-care
positions requiring education, training, and experience that is
equivalent or similar to the education, training, and experience
required for Department personnel in the grade at the facility.
``(B) The Secretary shall utilize the most current industry-wage
survey of the Bureau of Labor Statistics for a labor market in meeting
the objective specified in subparagraph (A).
``(C) For purposes of this paragraph, the term `rate of
compensation', with respect to health-care positions in non-Department
health-care facilities, means the sum of--
``(i) the rate of pay for personnel in such positions; and
``(ii) any employee benefits (other than benefits similar
to benefits received by employees in the covered position
concerned) for those health-care positions to the extent that
such employee benefits are reasonably quantifiable.
``(4) An adjustment under this subsection may not reduce any rate
of basic pay.
``(5) An adjustment in rates of basic pay under this subsection
shall take effect on the first day of the first pay period beginning
after the date on which the adjustment is made.
``(6) The Secretary shall prescribe regulations providing for the
adjustment of rates of basic pay for employees in covered positions in
the Central and Regional Offices in order to assure the recruitment and
retention of high-quality personnel in such positions in such offices.
The regulations shall provide for such adjustment in a manner similar
to the adjustment of rates of basic pay under this subsection.''.
(c) Annual Adjustments in Increased Rates of Basic Pay.--Section
7455 of such title is amended--
(1) in subsection (a)(1), by striking ``and (d)'' and
inserting ``(d), and (e)''; and
(2) by adding at the end the following:
``(e) Whenever an annual adjustment in rates of basic pay under
sections 5303 and 5304 of title 5 becomes effective on or after the
effective date of an increase in rates of basic pay under this section,
the rates of basic pay as so increased under this section shall be
adjusted in accordance with appropriate conversion rules prescribed
under section 5305(f) of title 5, effective as of the effective date of
such annual adjustment in rates of basic pay.''.
(d) Conforming Amendment.--Subsection (c)(1) of section 7451 of
such title is amended by striking the third sentence.
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999.
SEC. 3. SAVINGS PROVISION.
In the case of an employee of the Veterans Health Administration
who on the day before the effective date of the amendment made by
section 2(a) is receiving a rate of pay by reason of the second
sentence of section 7451(e) of title 38, United States Code, as in
effect on that day, the provisions of the second and third sentences of
that section, as in effect on that day, shall continue to apply to that
employee, notwithstanding the amendment made by section 2(a).
|
Department of Veterans Affairs Nurses Appreciation Act of 1999 - Amends Federal provisions relating to the pay of health care personnel within the Veterans Health Administration (VHA) of the Department of Veterans Affairs to require the rates of pay for registered nurses and certain other health-care positions within the VHA to be adjusted annually by the same percentage as those generally applicable to Federal employees.
Provides that whenever after October 1, 2002, the Secretary of Veterans Affairs determines that such rates of pay are inadequate to recruit or retain high-quality health personnel at such a facility, the Secretary shall adjust such pay to achieve consistency with the rates of compensation for corresponding non-Department health-care positions in the Bureau of Labor Statistics labor market area of that facility. Provides for the automatic statutory adjustment to such rates of pay whenever an annual Federal pay adjustment becomes effective.
|
{"src": "billsum_train", "title": "Department of Veterans Affairs Nurses Appreciation Act of 1999"}
| 1,166 | 179 | 0.62971 | 1.692194 | 0.755199 | 2.945122 | 6.804878 | 0.871951 |
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