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SECTION 1. SHORT TITLE.
This Act may be cited as ``Family Caregiver Security Act of 2004''.
SEC. 2. PROVISION OF QUALIFIED FAMILY CAREGIVER SERVICES UNDER THE
MEDICARE PROGRAM.
(a) In General.--Section 1891(a) of the Social Security Act (42
U.S.C. 1395bbb(a)) is amended by adding at the end the following new
paragraph:
``(7)(A) The agency permits an individual who is under its
care to have home health aide services or personal care
assistant services provided by a qualified family caregiver (as
defined in subparagraph (B)) under an approved plan of care and
provides for payment for the services of the caregiver,
regardless of whether the caregiver is an employee of the
agency, at a rate comparable to the rate otherwise paid for
such services provided by other qualified personnel. In
addition, in the case of such a caregiver the agency shall
provide for appropriate training and oversight of such services
by a registered nurse in the same or similar manner to that
provided in the case of such services furnished by another
qualified individual and shall provide the caregiver, as part
of the plan of care, with educational information and resources
related to family caregiver health and wellness.
``(B) For purposes of this paragraph, the term `qualified
family caregiver' means, with respect to the provision of home
health aide services or personal care assistant services to an
individual, an individual who is a family caregiver (as defined
in section 372(2) of the National Family Caregiver Support Act)
of the individual and who demonstrates proficiency in the
provision of the home health aide services or personal care
assistant services involved to the satisfaction of the
supervising registered professional nurse.
``(C) This paragraph shall supersede any other restriction
of this title (including section 1862(a)(11)) on the provision
of home health aide services or personal care assistant
services by a qualified family caregiver described in
subparagraph (B) on the basis of the caregiver's relationship
to the recipient of such services. This subparagraph shall not
affect any disqualification of an individual from providing
services on the basis of the individual's lack of qualification
to provide the services or on the basis of an exclusion of
participation of the individual under part B of title XI.
``(D) The Secretary, in consultation with the Secretary of
Labor, shall provide guidance to home health agencies on
payment administration and management methodologies to
facilitate the provision of home health aide services and
personal assistant care services by qualified family caregivers
under this paragraph.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2005, and shall apply to services furnished
on or after such date.
(c) Construction.--Nothing in this section shall be construed as
preventing the application of fraud and abuse sanctions (including
those under sections 1128, 1128A, and 1128B of the Social Security Act)
with respect to family caregivers under section 1891(a)(7) of the
Social Security Act, as added by subsection (a), in the same manner as
such sanctions may be applied to other individuals who provide home
health aide services or personal assistant care services.
(d) Prohibition of Denial of Services Because of Refusal of
Physical Therapy Services During Rehabilitation.--Nothing in title
XVIII of the Social Security Act shall be construed as authorizing the
exclusion of coverage of skilled nursing services for an individual who
is 75 years of age or older as part of home health services solely on
the basis of the individual's refusal of physical therapy services
during rehabilitation, regardless of whether such physical therapy
services are part of the plan of care for the individual.
SEC. 3. AMENDMENTS TO FAMILY AND MEDICAL LEAVE ACT OF 1993.
(a) Inclusion of Nurse Practitioners as Health Care.--Section
101(6)(C) of the Family and Medical Leave Act of 1993 (29 U.S.C.
2611(6)(C)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) a nurse practitioner; or''.
(b) Extension to Domestic Partners.--Section 101(13) of such Act
(29 U.S.C. 2611(13)) is amended by inserting before the period at the
end the following: ``, and includes a domestic or civil partner
registered or recognized under the applicable domestic or civil
partnership of State or local law''.
(c) Extension of Period of Family or Medical Leave for Spouses
Employed by Same Employer.--Section 102(f) of such Act (29 U.S.C.
2612(f)) is amended ``12 workweeks'' and inserting ``24 workweeks''.
(d) Clarification of Coverage of Outpatient Hospice Care.--Section
101(11) of such Act (29 U.S.C. 2611(11)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) hospice care; or''.
|
Family Caregiver Security Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for the use of qualified family caregivers in the provision of home health aide services under Medicare.
Amends the Family and Medical Leave Act of 1993 to: (1) include nurse practitioners as health care providers; (2) extend benefits to domestic or civil partners; and (3) extend from 12 to 24 workweeks the period of family or medical leave for spouses employed by the same employer.
|
{"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for the use of qualified family caregivers in the provision of home health aide services under the Medicare Program, to amend the Family and Medical Leave Act of 1993, and for other purposes."}
| 1,224 | 107 | 0.487082 | 1.203519 | 0.422352 | 3.402062 | 10.969072 | 0.886598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prosecution Drug Treatment
Alternative to Prison Act of 2000''.
SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY
STATE OR LOCAL PROSECUTORS.
(a) Prosecution Drug Treatment Alternative to Prison Programs.--
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended by adding at the end the following new
part:
``PART AA--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS
``SEC. 2701. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General may make grants to State or
local prosecutors for the purpose of developing, implementing, or
expanding drug treatment alternative to prison programs that comply
with the requirements of this part.
``(b) Use of Funds.--A State or local prosecutor who receives a
grant under this part shall use amounts provided under the grant to
develop, implement, or expand the drug treatment alternative to prison
program for which the grant was made, which may include payment of the
following expenses:
``(1) Salaries, personnel costs, equipment costs, and other
costs directly related to the operation of the program,
including the enforcement unit.
``(2) Payments to licensed substance abuse treatment
providers for providing treatment to offenders participating in
the program for which the grant was made, including aftercare
supervision, vocational training, education, and job placement.
``(3) Payments to public and nonprofit private entities for
providing treatment to offenders participating in the program
for which the grant was made.
``(c) Federal Share.--The Federal share of a grant under this part
shall not exceed 75 percent of the cost of the program.
``(d) Supplement and Not Supplant.--Grant amounts received under
this part shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be available for activities funded under
this part.
``SEC. 2702. PROGRAM REQUIREMENTS.
``A drug treatment alternative to prison program with respect to
which a grant is made under this part shall comply with the following
requirements:
``(1) A State or local prosecutor shall administer the
program.
``(2) An eligible offender may participate in the program
only with the consent of the State or local prosecutor.
``(3) Each eligible offender who participates in the
program shall, as an alternative to incarceration, be sentenced
to or placed with a long term, drug free residential substance
abuse treatment provider that is licensed under State or local
law.
``(4) Each eligible offender who participates in the
program shall serve a sentence of imprisonment with respect to
the underlying crime if that offender does not successfully
complete treatment with the residential substance abuse
provider.
``(5) Each residential substance abuse provider treating an
offender under the program shall--
``(A) make periodic reports of the progress of
treatment of that offender to the State or local
prosecutor carrying out the program and to the
appropriate court in which the defendant was convicted;
and
``(B) notify that prosecutor and that court if that
offender absconds from the facility of the treatment
provider or otherwise violates the terms and conditions
of the program.
``(6) The program shall have an enforcement unit comprised
of law enforcement officers under the supervision of the State
or local prosecutor carrying out the program, the duties of
which shall include verifying an offender's addresses and other
contacts, and, if necessary, locating, apprehending, and
arresting an offender who has absconded from the facility of a
residential substance abuse treatment provider or otherwise
violated the terms and conditions of the program, and returning
such offender to court for sentence on the underlying crime.
``SEC. 2703. APPLICATIONS.
``(a) In General.--To request a grant under this part, a State or
local prosecutor shall submit an application to the Attorney General in
such form and containing such information as the Attorney General may
reasonably require.
``(b) Certifications.--Each such application shall contain the
certification of the State or local prosecutor that the program for
which the grant is requested shall meet each of the requirements of
this part.
``SEC. 2704. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, the distribution of grant awards is equitable and includes
State or local prosecutors--
``(1) in each State; and
``(2) in rural, suburban, and urban jurisdictions.
``SEC. 2705. REPORTS AND EVALUATIONS.
``For each fiscal year, each recipient of a grant under this part
during that fiscal year shall submit to the Attorney General a report
regarding the effectiveness of activities carried out using that grant.
Each report shall include an evaluation in such form and containing
such information as the Attorney General may reasonably require. The
Attorney General shall specify the dates on which such reports shall be
submitted.
``SEC. 2706. DEFINITIONS.
``In this part:
``(1) The term `State or local prosecutor' means any
district attorney, State attorney general, county attorney, or
corporation counsel who has authority to prosecute criminal
offenses under State or local law.
``(2) The term `eligible offender' means an individual
who--
``(A) has been convicted of, or pled guilty to, or
admitted guilt with respect to a crime for which a
sentence of imprisonment is required and has not
completed such sentence;
``(B) has never been convicted of, or pled guilty
to, or admitted guilt with respect to, and is not
presently charged with, a felony crime of violence or a
major drug offense or a crime that is considered a
violent felony under State or local law; and
``(C) has been found by a professional substance
abuse screener to be in need of substance abuse
treatment because that offender has a history of
substance abuse that is a significant contributing
factor to that offender's criminal conduct.
``(3) The term `felony crime of violence' has the meaning
given such term in section 924(c)(3) of title 18, United States
Code.
``(4) The term `major drug offense' has the meaning given
such term in section 36(a) of title 18, United States Code.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C.
3793(a)) is amended by adding at the end the following new paragraph:
``(24) There are authorized to be appropriated to carry out
part AA--
``(A) $75,000,000 for fiscal year 2000;
``(B) $85,000,000 for fiscal year 2001;
``(C) $95,000,000 for fiscal year 2002;
``(D) $105,000,000 for fiscal year 2003; and
``(E) $125,000,000 for fiscal year 2004.''.
Passed the House of Representatives October 17, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
|
Sets forth provisions regarding permissible uses of grant funds, the Federal cost share (75 percent), program and application requirements, geographic distribution of grant awards, reports, and evaluations.
Authorizes appropriations.
Title II: Federal Drug Treatment Alternative Sentencing
- Federal Drug Treatment Alternative Sentencing Act of 2000 - Directs the court, upon the conviction of an individual for a misdemeanor under Controlled Substances Act provisions regarding simple possession of a controlled substance, if the individual meets specified criteria, to consider sentencing that individual to a term of probation that includes a condition, or a term of imprisonment that includes a recommendation, of participation in substance abuse treatment, including a drug dependency program.
(Sec. 203) Directs the court: (1) if it imposes a sentence of probation, to subject such sentence to specified requirements under the Federal criminal code; and (2) in considering discretionary conditions of probation, to consider and use, where appropriate to assure participation in substance abuse treatment, any of several listed options, including day fines, house arrest, electronic monitoring, intensive probation supervision, day reporting centers, intermittent confinement, and treatment in therapeutic community.
Directs that each offender who participates in a substance abuse program under this section serve a sentence of imprisonment with respect to the underlying offense if that offender does not successfully complete such a program. Directs the court to order that substance abuse treatment be provided in the locality in which the individual resides.
(Sec. 204) Requires the Bureau of Prisons to maintain a drug dependency program for offenders sentenced to incarceration, which shall consist of residential substance abuse treatment and aftercare services. Sets forth reporting requirements.
(Sec. 206) Directs the United States Sentencing Commission to submit a report to the House and Senate Judiciary Committees regarding mandatory minimum sentences for controlled substance offenses, which shall include an analysis of: (1) whether such sentences may have a disproportionate impact on ethnic or racial groups; (2) the effectiveness of such sentences in reducing drug-related crime by violent offenders; and (3) the frequency and appropriateness of the use of such sentences for nonviolent offenders in contrast with other approaches such as drug treatment programs.
|
{"src": "billsum_train", "title": "Prosecution Drug Treatment Alternative to Prison Act of 2000"}
| 1,625 | 495 | 0.575183 | 1.728594 | 0.689956 | 1.523697 | 3.537915 | 0.751185 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Justice Technical and
Legal Assistance Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds and declares that--
(1) there is a government-to-government relationship
between the United States and Indian tribes;
(2) Indian tribes are sovereign entities and are
responsible for exercising governmental authority over Indian
lands;
(3) the rate of violent crime committed in Indian country
is approximately twice the rate of violent crime committed in
the United States as a whole;
(4) in any community, a high rate of violent crime is a
major obstacle to investment, job creation and economic growth;
(5) tribal justice systems are an essential part of tribal
governments and serve as important forums for ensuring the
health and safety and the political integrity of tribal
governments;
(6) Congress and the Federal courts have repeatedly
recognized tribal justice systems as the most appropriate
forums for the adjudication of disputes affecting personal and
property rights on Native lands;
(7) enhancing tribal court systems and improving access to
those systems serves the dual Federal goals of tribal political
self-determination and economic self-sufficiency;
(8) there is both inadequate funding and an inadequate
coordinating mechanism to meet the technical and legal
assistance needs of tribal justice systems and this lack of
adequate technical and legal assistance funding impairs their
operation;
(9) tribal court membership organizations have served a
critical role in providing training and technical assistance
for development and enhancement of tribal justice systems;
(10) Indian legal services programs, as funded partially
through the Legal Services Corporation, have an established
record of providing cost effective legal assistance to Indian
people in tribal court forums, and also contribute
significantly to the development of tribal courts and tribal
jurisprudence; and
(11) the provision of adequate technical assistance to
tribal courts and legal assistance to both individuals and
tribal courts is an essential element in the development of
strong tribal court systems.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) to carry out the responsibility of the United States to
Indian tribes and members of Indian tribes by ensuring access
to quality technical and legal assistance.
(2) To strengthen and improve the capacity of tribal court
systems that address civil and criminal causes of action under
the jurisdiction of Indian tribes.
(3) To strengthen tribal governments and the economies of
Indian tribes through the enhancement and, where appropriate,
development of tribal court systems for the administration of
justice in Indian country by providing technical and legal
assistance services.
(4) To encourage collaborative efforts between national or
regional membership organizations and associations whose
membership consists of judicial system personnel within tribal
justice systems; non-profit entities which provide legal
assistance services for Indian tribes, members of Indian
tribes, and/or tribal justice systems.
(5) To assist in the development of tribal judicial systems
by supplementing prior Congressional efforts such as the Indian
Tribal Justice Act (Public Law 103-176).
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Attorney general.--The term ``Attorney General'' means
the Attorney General of the United States.
(2) Indian lands.--The term ``Indian lands'' shall include
lands within the definition of ``Indian country'', as defined
in 18 U.S.C. 1151; or ``Indian reservations'', as defined in
section 3(d) of the Indian Financing Act of 1974, 25 U.S.C.
1452(d), or section 4(10) of the Indian Child Welfare Act, 25
U.S.C. 1903(10). For purposes of the preceding sentence, such
section 3(d) of the Indian Financing Act shall be applied by
treating the term ``former Indian reservations in Oklahoma'' as
including only lands which are within the jurisdictional area
of an Oklahoma Indian Tribe (as determined by the Secretary of
Interior) and are recognized by such Secretary as eligible for
trust land status under 25 CFR part 151 (as in effect on the
date of enactment of this sentence).
(3) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe, band, nation, pueblo, or other organized group or
community, including any Alaska Native entity, which administers
justice or plans to administer justice under its inherent authority or
the authority of the United States and which is recognized as eligible
for the special programs and services provided by the United States to
Indian tribes because of their status as Indians.
(4) Judicial personnel.--The term ``judicial personnel''
means any judge, magistrate, court counselor, court clerk,
court administrator, bailiff, probation officer, officer of the
court, dispute resolution facilitator, or other official,
employee, or volunteer within the tribal judicial system.
(5) Non-profit entities.--The term ``non-profit entity'' or
``non-profit entities'' has the meaning given that term in
section 501(c)(3) of the Internal Revenue Code.
(6) Office of tribal justice.--The term ``Office of Tribal
Justice'' means the Office of Tribal Justice in the United
States Department of Justice.
(7) Tribal justice system.--The term ``tribal court'',
``tribal court system'', or ``tribal justice system'' means the
entire judicial branch, and employees thereof, of an Indian
tribe, including, but not limited to, traditional methods and
fora for dispute resolution, trial courts, appellate courts,
including inter-tribal appellate courts, alternative dispute
resolution systems, and circuit rider systems, established by
inherent tribunal authority whether or not they constitute a
court of record.
TITLE I--TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL LEGAL
ASSISTANCE GRANTS
SEC. 101. TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the Attorney
General, in consultation with the Office of Tribal Justice, shall award
grants to national or regional membership organizations and
associations whose membership consists of judicial system personnel
within tribal justice systems which submit an application to the
Attorney General in such form and manner as the Attorney General may
prescribe to provide training and technical assistance for the
development, enrichment, enhancement of tribal justice systems, or
other purposes consistent with this Act.
SEC. 102. TRIBAL CIVIL LEGAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the Attorney
General, in consultation with the Office of Tribal Justice, shall award
grants to non-profit entities, as defined under section 501(c)(3) of
the Internal Revenue Code, which provide legal assistance services for
Indian tribes, members of Indian tribes, or tribal justice systems
pursuant to federal poverty guidelines that submit an application to
the Attorney General in such form and manner as the Attorney General
may prescribe for the provision of civil legal assistance to members of
Indian tribes and tribal justice systems, and/or other purposes
consistent with this Act.
SEC. 103. TRIBAL CRIMINAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the Attorney
General, in consultation with the Office of Tribal Justice, shall award
grants to non-profit entities, as defined by section 501(c)(3) of the
Internal Revenue Code, which provide legal assistance services for
Indian tribes, members of Indian tribes, or tribal justice systems
pursuant to federal poverty guidelines that submit an application to
the Attorney General in such form and manner as the Attorney General
may prescribe for the provision of criminal legal assistance to members
of Indian tribes and tribal justice systems, and/or other purposes
consistent with this Act. Funding under this title may apply to
programs, procedures, or proceedings involving adult criminal actions,
juvenile delinquency actions, and/or guardian-ad-litem appointments
arising out of criminal or delinquency acts.
SEC. 104. NO OFFSET.
No Federal agency shall offset funds made available pursuant to
this Act for Indian tribal court membership organizations or Indian
legal services organizations against other funds otherwise available
for use in connection with technical or legal assistance to tribal
justice systems or members of Indian tribes.
SEC. 105. TRIBAL AUTHORITY.
Nothing in this Act shall be construed to--
(1) encroach upon or diminish in any way the inherent
sovereign authority of each tribal government to determine the
role of the tribal justice system within the tribal government
or to enact and enforce tribal laws;
(2) diminish in any way the authority of tribal governments
to appoint personnel;
(3) impair the rights of each tribal government to
determine the nature of its own legal system or the appointment
of authority within the tribal government;
(4) alter in any way any tribal traditional dispute
resolution fora;
(5) imply that any tribal justice system is an
instrumentality of the United States; or
(6) diminish the trust responsibility of the United States
to Indian tribal governments and tribal justice systems of such
governments.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
For purposes of carrying out the activities under this title, there
are authorized to be appropriated such sums as are necessary for fiscal
years 2000 through 2004.
TITLE II--INDIAN TRIBAL COURTS
SEC. 201. GRANTS.
(a) In General.--The Attorney General may award grants and provide
technical assistance to Indian tribes to enable such tribes to carry
out programs to support--
(1) the development, enhancement, and continuing operation
of tribal justice systems; and
(2) the development and implementation of--
(A) tribal codes and sentencing guidelines;
(B) inter-tribal courts and appellate systems;
(C) tribal probation services, diversion programs,
and alternative sentencing provisions;
(D) tribal juvenile services and multi-disciplinary
protocols for child physical and sexual abuse; and
(E) traditional tribal judicial practices,
traditional tribal justice systems, and traditional
methods of dispute resolution.
(b) Consultation.--In carrying out this section, the Attorney
General may consult with the Office of Tribal Justice and any other
appropriate tribal or Federal officials.
(c) Regulations.--The Attorney General may promulgate such
regulations and guidelines as may be necessary to carry out this title.
(d) Authorization of Appropriations.--For purposes of carrying out
the activities under this section, there are authorized to be
appropriated such sums as are necessary for fiscal years 2000 through
2004.
SEC. 202. TRIBAL JUSTICE SYSTEMS.
Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) is
amended--
(1) in subsection (a), by striking ``1994, 1995, 1996,
1997, 1998, 1999, and 2000'' and inserting ``2000 through
2007'';
(2) in subsection (b), by striking ``1994, 1995, 1996,
1997, 1998, 1999, and 2000'' and inserting ``2000 through
2007'';
(3) in subsection (c), by striking ``1994, 1995, 1996,
1997, 1998, 1999, and 2000'' and inserting ``2000 through
2007''; and
(4) in subsection (d), by striking ``1994, 1995, 1996,
1997, 1998, 1999, and 2000'' and inserting ``2000 through
2007''.
|
Title II: Indian Tribal Courts
- Authorizes the Attorney General to award grants and provide technical assistance to Indian tribes to enable such tribes to carry out programs supporting the development, enhancement, and continuing operation of tribal justice systems and the development and implementation of: (1) tribal codes and sentencing guidelines; (2) inter-tribal courts and appellate systems; (3) tribal probation services, diversion programs, and alternative sentencing provisions; (4) tribal juvenile services and multi-disciplinary protocols for child physical and sexual abuse; and (5) traditional tribal judicial practices, traditional tribal justice systems, and traditional methods of dispute resolution.
Authorizes appropriations.
Amends the Indian Tribal Justice Act to extend through FY 2007 the authorization of appropriations for: (1) the Office of Tribal Justice Support; (2) base support funding for tribal justice systems; (3) administration of the Office; and (4) the administration of tribal judicial conferences.
|
{"src": "billsum_train", "title": "Indian Tribal Justice Technical and Legal Assistance Act of 1999"}
| 2,466 | 195 | 0.639836 | 1.676692 | 0.819302 | 4.682796 | 12.38172 | 0.94086 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pitkin County Land Exchange Act of
2004''.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize, direct, expedite and
facilitate the exchange and consolidation of lands between Pitkin
County, Colorado, the Aspen Valley Land Trust and the United States in
accordance with the terms and conditions set forth herein.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ``Federal land'' means the land to be
transferred to Pitkin County, Colorado, by the United States
pursuant to this Act.
(2) The term ``non-Federal land'' means the land to be
transferred to the United States by Pitkin County, Colorado,
pursuant to this Act.
(3) The term ``Pitkin County'' means the county of Pitkin,
Colorado.
(4) The term ``Secretary'' means the Secretary of
Agriculture, unless otherwise specified.
(5) The term ``Aspen Valley Land Trust'' means the non-
profit Aspen Valley Land Trust, a charitable organization as
described in section 501(c)(3) of the Internal Revenue Code of
1986 (26 U.S.C. 501), or its successors, heirs, or assigns.
SEC. 4. LAND EXCHANGE.
(a) In General.--Upon receipt of title to the non-Federal lands
described in subsection (b), the Secretary and the Secretary of the
Interior shall simultaneously convey to Pitkin County, or to the Aspen
Valley Land Trust, if Pitkin County so requests, all right, title, and
interest of the United States in and to the Federal lands described in
subsection (b), subject to valid existing rights or encumbrances and
the requirements of subsections 5(a) and (b).
(b) Conveyance of Non-Federal Lands to the United States.--The non-
Federal lands to be conveyed to the United States pursuant to this Act
are the following:
(1) Certain lands located in Pitkin County, Colorado,
comprising approximately 35 acres, as generally depicted on a
map entitled ``Ryan Land Exchange--Ryan Property Conveyance to
Forest Service'', dated August 2004.
(2) Certain lands located on Smuggler Mountain in Pitkin
County, Colorado, comprising approximately 18.2 acres, as
generally depicted on a map entitled ``Ryan Land Exchange--
Smuggler Mountain--Grand Turk and Pontiac Claims Conveyance to
Forest Service'', dated ________.
(c) Federal Land Conveyance to Pitkin County.--The Federal lands to
be conveyed to Pitkin County, or to the Aspen Valley Land Trust, if
Pitkin County so requests, pursuant to this Act are the following:
(1) Certain National Forest lands located in Pitkin County,
Colorado, comprising approximately 5.5 acres, as generally
depicted on a map entitled ``Ryan Land Exchange--Wildwood
Parcel Conveyance to Pitkin County'', dated August 2004.
(2) Certain National Forest lands located in Pitkin County,
comprising 12 separate parcels totaling approximately 5.92
acres, as generally depicted on a map entitled ``Ryan Land
Exchange--Smuggler Mountain Patent Remnants--Conveyance to
Pitkin County'', dated August 2004.
(3) Certain lands under the jurisdiction of the Bureau of
Land Management located in Pitkin County, Colorado, and
comprising approximately 40 acres, as generally depicted on a
map entitled ``Ryan Land Exchange--Crystal River Parcel
Conveyance to Pitkin County''.
SEC. 5. EXCHANGE TERMS AND CONDITIONS.
(a) Crystal River Parcel Conveyance.--The parcel identified in
subsection 4(c)(3) shall not be conveyed to Pitkin County unless and
until the County grants to the Aspen Valley Land Trust, the Roaring
Fork Conservancy, or both, or to another entity mutually agreeable to
the County and the Secretary of the Interior, a permanent conservation
easement, the terms of which are acceptable to the Secretary of the
Interior and which provides public access to the parcel and limits
future use of the parcel to recreational, fish, and wildlife
conservation, and open space purposes. The requirement for such
easement shall not affect the value of the parcel for purposes the
appraisals to be prepared pursuant to subsection (c). In the deed of
conveyance to the County, the Secretary of the Interior shall provide
that in the event the parcel is ever used for other than such purposes,
or Pitkin County or the entity or entities holding the conservation
easement no longer wish to administer the parcel, title to the parcel
shall back revert to the United States at no cost to the United States
if the Secretary of the Interior determines that such a reversion is in
the best interests of the United States.
(b) Wildwood Parcel Conveyance and Reservation.--Prior to the
conveyance to Pitkin County of the parcel identified in subsection
4(c)(1), Pitkin County, at its expense, shall deliver to the Secretary
a quitclaim deed to the parcel from any party who, prior to
introduction of this Act, had asserted a claim of any right, title, or
interest in such parcel, and shall permanently relinquish any such
claim against the United States in or to the parcel. In the deed of
conveyance of such parcel to Pitkin County (or to the Aspen Valley Land
Trust if Pitkin County so requests) the Secretary shall reserve to the
United States a permanent easement, as determined appropriate by the
Secretary in consultation with Pitkin County, for location,
construction, and public use of the East of Aspen Trail.
(c) Exchange Valuation.--The values of the Federal and non-Federal
lands directed for exchange by this Act shall be equal as determined by
the Secretary through appraisals performed in accordance with the
Uniform Appraisal Standards for Federal Land Acquisitions, the Uniform
Standards of Professional Appraisal Practice, and Forest Service
appraisal instructions. If the values as determined by the appraisals
are not equal, equalization shall be achieved as follows:
(1) If value is owed by the United States, the County shall
donate the excess value to the United States, and such donation
will be considered as a donation for all purposes of law.
(2) If value is owed by Pitkin County, the County shall
equalize value by either--
(A) making a cash equalization payment to the
Secretary, the proceeds of which shall be deposited in
the fund established by Public Law 90-171 (commonly
known as the ``Sisk Act'') and be available to the
Secretary, without further appropriation, for the
acquisition of land or interests in land for addition
to the National Forest System in the State of Colorado;
(B) conveying to the Secretary certain lands
located in Pitkin County, Colorado, and comprising
approximately 160 acres, as generally depicted on a map
entitled ``Sellar Park Parcel'', dated August 2004; or
(C) any combination of (A) and (B) above to which
the County and the Secretary mutually agree.
(d) Exchange Timing.--It is the intention of Congress that the land
exchange directed by this Act be consummated no later than 1 year after
the date of enactment of this Act, unless the Secretary and the
Secretary of the Interior and Pitkin County mutually agree otherwise.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Management of Acquired Lands.--Lands acquired by the Secretary
of Agriculture pursuant to this Act shall become part of the White
River National Forest and be administered in accordance with the laws,
rules, and regulations generally applicable to the National Forest
System. For purposes of section 7 of the Land and Water Conservation
Fund Act of 1965, (16 U.S.C. 460l-9), the boundaries of the White River
National Forest shall be deemed to be the boundaries of such forest as
of January 1, 1965.
(b) Withdrawal and Revocation of Orders.--Immediately upon
enactment of this Act, if the Federal land parcels are not already
withdrawn or segregated from entry or appropriation under the public
land laws, including the mining and mineral leasing laws and Geothermal
Steam Act of l970 (30 U.S.C. 1001 et seq.) they are hereby so
withdrawn, subject to any valid existing rights, until the date of
their conveyance to Pitkin County. In addition, any previously existing
public land orders withdrawing the Federal land from appropriation or
disposal under the public land laws are hereby revoked to the extent
necessary to permit disposal of the Federal land as directed by this
Act.
(c) Withdrawal of Acquired Land.--Upon their acquisition by the
United States, the non-Federal lands acquired by the Secretary pursuant
to this Act are hereby, and without further action required by the
Secretary or the Secretary of the Interior, permanently withdrawn from
all forms of appropriation and disposition under the public land laws,
including the mining and mineral leasing laws, and the Geothermal Steam
Act of 1970.
(d) Boundary Adjustments, Maps and Legal Descriptions.--The
Secretary concerned and Pitkin County may mutually agree to make minor
adjustments in the boundaries of the Federal and non-Federal lands to
be conveyed pursuant to this Act, and may also, at their sole
discretion, mutually agree to modifications or deletions of the Federal
or non-Federal land parcels and mining claim remnants to be exchanged
on Smuggler Mountain. In the event of any discrepancy between a map,
acreage estimate and legal or other description of the lands involved
in the exchange, the map shall prevail unless the Secretary concerned
and Pitkin County mutually agree otherwise.
|
Pitkin County Land Exchange Act of 2004 - Directs the Secretary of Agriculture (the Secretary) and the Secretary of the Interior, upon receipt of title to certain lands located in Pitkin County, Colorado, and certain lands located on Smuggler Mountain in the County, to convey to the County or to the Aspen Valley Land Trust, if the County so requests, all right, title, and interest of the United States in and to certain National Forest and Bureau of Land Management lands located in the County.
Prohibits the conveyance of a specified parcel to the County unless and until the County grants to the Aspen Valley Land Trust, the Roaring Fork Conservancy, or both, or to another entity mutually agreeable to the County and the Secretary of the Interior, a permanent conservation easement which provides public access to the parcel and limits future use of the parcel to recreational, fish, and wildlife conservation, and open space purposes.
States that, prior to the conveyance to the County of a specified parcel, the County shall deliver to the Secretary a quitclaim deed to the parcel from any party who, prior to the introduction of this Act, had asserted a claim of any right, title, or interest in such parcel, and shall permanently relinquish any such claim against the United States in or to the parcel.
States that lands acquired by the Secretary pursuant to this Act shall become part of White River National Forest.
|
{"src": "billsum_train", "title": "To authorize and direct the exchange of certain lands in the State of Colorado, and for other purposes."}
| 2,232 | 309 | 0.6773 | 2.198234 | 0.821514 | 7.816176 | 7.080882 | 0.992647 |
SECTION 1. DEDUCTION FOR HEALTH AND LONG-TERM CARE INSURANCE COSTS OF
INDIVIDUALS NOT PARTICIPATING IN EMPLOYER-SUBSIDIZED
HEALTH PLANS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 224
as section 225 and by inserting after section 223 the following new
section:
``SEC. 224. HEALTH AND LONG-TERM CARE INSURANCE COSTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the amount paid during the
taxable year for insurance which constitutes medical care for the
taxpayer and the taxpayer's spouse and dependents.
``(b) Limitation Based on Other Coverage.--
``(1) Coverage under certain subsidized employer plans.--
``(A) In general.--Subsection (a) shall not apply
to any taxpayer for any calendar month for which the
taxpayer participates in any health plan maintained by
any employer of the taxpayer or of the spouse of the
taxpayer if any of the cost of coverage under such plan
(determined under section 4980B and without regard to
payments made with respect to any coverage described in
subsection (d)) is paid or incurred by the employer.
``(B) Employer contributions to cafeteria plans,
flexible spending arrangements, archer msas, and health
savings accounts.--Employer contributions to a
cafeteria plan, a flexible spending or similar
arrangement, an Archer MSA, or a health savings account
which are excluded from gross income under section 106
shall be treated for purposes of subparagraph (A) as
paid by the employer.
``(C) Aggregation of plans of employer.--A health
plan which is not otherwise described in subparagraph
(A) shall be treated as described in such subparagraph
if such plan would be so described if all health plans
of persons treated as a single employer under
subsection (b), (c), (m), or (o) of section 414 were
treated as one health plan.
``(D) Separate application to health insurance and
long-term care insurance.--Subparagraphs (A) and (C)
shall be applied separately with respect to--
``(i) plans which include primarily
coverage for qualified long-term care services
or are qualified long-term care insurance
contracts, and
``(ii) plans which do not include such
coverage and are not such contracts.
``(2) Coverage under certain federal programs.--
``(A) In general.--Subsection (a) shall not apply
to any amount paid for any coverage for an individual
for any calendar month if, as of the first day of such
month, the individual is covered under any medical care
program described in--
``(i) title XVIII, XIX, or XXI of the
Social Security Act,
``(ii) chapter 55 of title 10, United
States Code,
``(iii) chapter 17 of title 38, United
States Code,
``(iv) chapter 89 of title 5, United States
Code, or
``(v) the Indian Health Care Improvement
Act.
``(B) Exceptions.--
``(i) Qualified long-term care.--
Subparagraph (A) shall not apply to amounts
paid for coverage under a qualified long-term
care insurance contract.
``(ii) Continuation coverage of fehbp.--
Subparagraph (A)(iv) shall not apply to
coverage which is comparable to continuation
coverage under section 4980B.
``(c) Long-Term Care Deduction Limited to Qualified Long-Term Care
Insurance Contracts.--In the case of a qualified long-term care
insurance contract, only eligible long-term care premiums (as defined
in section 213(d)(10)) may be taken into account under subsection (a).
``(d) Deduction Not Available for Payment of Ancillary Coverage
Premiums.--Any amount paid as a premium for insurance which provides
for--
``(1) coverage for accidents, disability, dental care,
vision care, or a specified illness, or
``(2) making payments of a fixed amount per day (or other
period) by reason of being hospitalized,
shall not be taken into account under subsection (a).
``(e) Special Rules.--
``(1) Coordination with deduction for health insurance
costs of self-employed individuals.--The amount taken into
account by the taxpayer in computing the deduction under
section 162(l) shall not be taken into account under this
section.
``(2) Coordination with medical expense deduction.--The
amount taken into account by the taxpayer in computing the
deduction under this section shall not be taken into account
under section 213.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section, including regulations
requiring employers to report to their employees and the Secretary such
information as the Secretary determines to be appropriate.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of the Internal Revenue Code
of 1986 is amended by inserting before the last sentence the following
new item:
``(21) Health and long-term care insurance costs.--The
deduction allowed by section 224.''.
(c) Conforming Amendments.--
(1) Sections 86(b)(2), 135(c)(4), 137(b)(3), and 219(g)(3)
of the Internal Revenue Code of 1986 are each amended by
inserting ``224,'' after ``222,''.
(2) Section 221(b)(2)(C) of such Code is amended by
inserting ``224,'' before ``911''.
(3) Section 469(i)(3)(F) of such Code is amended by
striking ``and 222'' and inserting ``, 222, and 224''.
(4) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the last item and
inserting the following new items:
``Sec. 224. Health and long-term care insurance costs.
``Sec. 225. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
|
Amends the Internal Revenue Code to allow individual taxpayers a tax deduction from gross income (available to itemizing and non-itemizing taxpayers) for the cost of health care insurance, including long-term care insurance, for such taxpayer, the taxpayer's spouse, and dependents. Disallows such tax deduction for taxpayers participating in an employer-paid health care plan or for taxpayers who have health care coverage under certain federal assistance programs.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a deduction for health and long-term care insurance costs of individuals not participating in employer-subsidized health plans."}
| 1,477 | 96 | 0.536788 | 1.246839 | 0.808058 | 1.790123 | 15.740741 | 0.802469 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employment Discrimination Award Tax
Relief Act''.
SEC. 2. DEDUCTION OF EXPENSES PAID OR INCURRED IN CONNECTION WITH
ASSERTING OR PROSECUTING A CLAIM FOR AGE, GENDER, RACE,
OR OTHER FORM OF PROHIBITED EMPLOYMENT DISCRIMINATION OR
FOR RELATED CLAIMS.
(a) In General.--Paragraph (2) of section 62(a) of the Internal
Revenue Code of 1986 (relating to the definition of adjusted gross
income) is amended by adding after subparagraph (C) the following new
subparagraph:
``(D) Expenses of employees in bringing or
prosecuting employment discrimination claims or related
claims.--The deductions allowed by part VI (section 161
and following) which consist of expenses paid or
incurred by the taxpayer in connection with the
assertion or the prosecution by or on behalf of the
taxpayer as an employee or a former employee, against
the taxpayer's employer or former employer, of any
claim--
``(i) for age, gender, race, or other form
of employment discrimination prohibited by
Federal, State, or local law, or
``(ii) for emotional distress or other
injury relating to such claimed employment
discrimination.''.
(b) Effective Date.--The amendment made by this section shall apply
to expenses paid or incurred in taxable years beginning after December
31, 1985.
SEC. 3. TREATMENT FOR ALTERNATIVE MINIMUM TAX PURPOSES OF EXPENSES PAID
OR INCURRED IN CONNECTION WITH ASSERTING OR PROSECUTING A
CLAIM FOR AGE, GENDER, RACE, OR OTHER FORM OF PROHIBITED
EMPLOYMENT DISCRIMINATION OR FOR RELATED CLAIMS.
(a) In General.--Clause (i) of section 56(b)(1)(A) of the Internal
Revenue Code of 1986 (relating to adjustments in computing alternative
minimum taxable income and as applicable to individuals) is amended by
inserting before the comma ``other than the deductions allowed by part
VI (section 161 and following) which consist of expenses paid or
incurred by the taxpayer in connection with the assertion or the
prosecution by or on behalf of the taxpayer, as an employee or a former
employee, against the taxpayer's employer or former employer, of any
claim--
``(I) for age, gender, race, or
other form of employment discrimination
prohibited by Federal, State, or local
law, or
``(II) for emotional distress or
other injury relating to such claimed
employment discrimination.''.
(b) Effective Date.--The amendment made by this section shall apply
to expenses paid or incurred in taxable years beginning after December
31, 1985.
SEC. 4. EXCLUSION FROM GROSS INCOME FOR DAMAGES RECEIVED ON ACCOUNT OF
AGE, GENDER, RACE, AND OTHER FORMS OF PROHIBITED
EMPLOYMENT DISCRIMINATION.
(a) In General.--Section 104(a) of the Internal Revenue Code of
1986 (relating to compensation for injuries or sickness) is amended by
striking ``and'' at the end of paragraph (4), by striking the period at
the end of paragraph (5) and inserting ``; and'', and adding after
paragraph (5) the following new paragraph:
``(6) amounts received (whether by suit or agreement and
whether as lump sums or as periodic payments) on account of any
claim--
``(A) for age, gender, race, or other form of
employment discrimination prohibited by Federal, State,
or local law (other than amounts representing backpay),
or
``(B) for emotional distress or other injury
relating to such claimed employment discrimination.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts received in taxable years beginning after December 31, 1985.
SEC. 5. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY
RECEIVED ON ACCOUNT OF AGE, GENDER, RACE, AND OTHER FORMS
OF PROHIBITED EMPLOYMENT DISCRIMINATION.
(a) In General.--Subchapter Q of chapter 1 of the Internal Revenue
Code of 1986 (relating to readjustment of tax between years and special
limitations) is amended by inserting after the table of parts the
following new part:
``PART I--AVERAGING OF INCOME FROM BACKPAY AWARDS RECEIVED ON ACCOUNT
OF EMPLOYMENT DISCRIMINATION
``Sec. 1301. Income from backpay received
on account of age, gender,
race, and other forms of
prohibited employment
discrimination.
``SEC. 1301. INCOME FROM BACKPAY RECEIVED ON ACCOUNT OF AGE, GENDER,
RACE, AND OTHER FORMS OF PROHIBITED EMPLOYMENT
DISCRIMINATION.
``(a) General Rule.--If employment discrimination backpay is
received by a taxpayer during a taxable year, the tax imposed by this
chapter for such taxable year shall not exceed the sum of--
``(1) the tax which would be so imposed if--
``(A) no amount of such backpay were included in
gross income for such year, and
``(B) no deduction were allowed for such year for
expenses (otherwise allowable as a deduction to the
taxpayer for such year) in connection with making or
prosecuting any claim for age, gender, race, or other
form of employment discrimination by or on behalf of
the taxpayer, plus
``(2) the product of--
``(A) the number of years in the backpay period,
and
``(B) the amount by which the tax determined under
paragraph (1) would increase if the amount on which
such tax is determined were increased by the average
annual net backpay amount.
``(b) Definitions.--For purposes of this section--
``(1) Employment discrimination backpay.--The term
`employment discrimination backpay' means backpay on account of
any claim for age, gender, race, or other form of employment
discrimination prohibited by Federal, State, or local law made
by or on behalf of the taxpayer.
``(2) Backpay.--The term `backpay' means amounts includible
in gross income--
``(A) which are wages, salaries, retirement pay, or
other similar compensation,
``(B) which are received during the taxable year by
the taxpayer for services performed as an employee or
former employee before such taxable year for the
taxpayer's employer or former employer, and
``(C) which are ordered, recommended, or approved
by any Federal or State agency or which are amounts
received from an award in, or the settlement of, a
lawsuit or threatened lawsuit (in either case,
regardless of whether as lump sums or as periodic
payments).
``(3) Backpay period.--The term `backpay period' means the
period during which the services are performed to which the
employment discrimination backpay is attributable. If such
period is not equal to a whole number of taxable years, such
period shall be increased to next highest number of whole
taxable years.
``(4) Average annual net backpay amount.--The term `average
annual net backpay amount' means the amount equal to--
``(A) the excess of--
``(i) the amount not includible in gross
income by reason of subsection (a)(1)(A), over
``(ii) the amount not allowable as a
deduction by reason of subsection (a)(1)(B),
divided by
``(B) the number of years in the backpay period.''
(b) Clerical Amendment.--The table of parts for subchapter Q of
chapter 1 of such Code is amended by inserting the following new item
before the item relating to part V:
``Part I. Averaging of income from
backpay awards received on
account of employment
discrimination.''
(c) Effective Date.--The amendments made by this section shall
apply to amounts received in taxable years beginning after December 31,
1985.
SEC. 6. WAIVER OF STATUTE OF LIMITATIONS.
If refund or credit of any overpayment of tax resulting from any
amendment made by this Act is prevented at any time before the close of
the 1-year period beginning on the date of the enactment of this Act by
the operation of any law or rule of law (including res judicata),
refund or credit of such overpayment (to the extent attributable to
such amendment) may, nevertheless, be made or allowed if claim therefor
is filed before the close of such 1-year period.
|
Employment Discrimination Award Tax Relief Act - Amends the Internal Revenue Code, with respect to expenses incurred and amounts received in connection with employment discrimination claims, to, among other things: (1) provide for the deduction of expenses incurred in pursuing such a claim; and (2) limit the tax based on income averaging for back pay received from pursuing such a claim.
|
{"src": "billsum_train", "title": "Employment Discrimination Award Tax Relief Act"}
| 1,995 | 83 | 0.570104 | 1.342839 | 0.788237 | 2.166667 | 23.513889 | 0.861111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Relief for Rural Veterans in Crisis
Act of 2008''.
SEC. 2. EXPANSION AND EXTENSION OF THE MEDICARE RURAL HOSPITAL
FLEXIBILITY PROGRAM.
(a) In General.--Section 1820(g) of the Social Security Act (42
U.S.C. 1395i-4(g)) is amended by adding at the end the following new
paragraph:
``(6) Providing mental health services and other health
services to veterans and other residents of rural areas.--
``(A) Grants to states.--The Secretary may award
grants to States that have submitted applications in
accordance with subparagraph (B) for increasing the
delivery of mental health services or other health care
services deemed necessary to meet the needs of veterans
of Operation Iraqi Freedom and Operation Enduring
Freedom living in rural areas (as defined for purposes
of section 1886(d) and including areas that are rural
census tracks, as defined by the Administrator of the
Health Resources and Services Administration),
including for the provision of crisis intervention
services and the detection of post-traumatic stress
disorder, traumatic brain injury, and other signature
injuries of veterans of Operation Iraqi Freedom and
Operation Enduring Freedom, and for referral of such
veterans to medical facilities operated by the
Department of Veterans Affairs, and for the delivery of
such services to other residents of such rural areas.
``(B) Application.--
``(i) In general.--An application is in
accordance with this subparagraph if the State
submits to the Secretary at such time and in
such form as the Secretary may require an
application containing the assurances described
in subparagraphs (A)(ii) and (A)(iii) of
subsection (b)(1).
``(ii) Consideration of regional
approaches, networks, or technology.--The
Secretary may, as appropriate in awarding
grants to States under subparagraph (A),
consider whether the application submitted by a
State under this subparagraph includes 1 or
more proposals that utilize regional
approaches, networks, health information
technology, telehealth, or telemedicine to
deliver services described in subparagraph (A)
to individuals described in that subparagraph.
For purposes of this clause, a network may, as
the Secretary determines appropriate, include
Federally qualified health centers, rural
health clinics, home health agencies, community
mental health clinics and other providers of
mental health services, pharmacists, local
government, and other providers deemed
necessary to meet the needs of veterans.
``(iii) Coordination at local level.--The
Secretary shall require, as appropriate, a
State to demonstrate consultation with the
hospital association of such State, rural
hospitals located in such State, providers of
mental health services, or other appropriate
stakeholders for the provision of services
under a grant awarded under this paragraph.
``(iv) Special consideration of certain
applications.--In awarding grants to States
under subparagraph (A), the Secretary shall
give special consideration to applications
submitted by States in which veterans make up a
high percentage (as determined by the
Secretary) of the total population of the
State. Such consideration shall be given
without regard to the number of veterans of
Operation Iraqi Freedom and Operation Enduring
Freedom living in the areas in which mental
health services and other health care services
would be delivered under the application.
``(C) Coordination with va.--The Secretary shall,
as appropriate, consult with the Director of the Office
of Rural Health of the Department of Veterans Affairs
in awarding grants to States under subparagraph (A).
``(D) Use of funds.--A State awarded a grant under
this paragraph may, as appropriate, use the funds to
reimburse providers of services described in
subparagraph (A) to individuals described in that
subparagraph.
``(E) Limitation on use of grant funds for
administrative expenses.--A State awarded a grant under
this paragraph may not expend more than 15 percent of
the amount of the grant for administrative expenses.
``(F) Final report.--Not later than 1 year after
the date on which the last grant is awarded to a State
under subparagraph (A), the Secretary shall submit a
report to Congress on the grants awarded under such
subparagraph. Such report shall include an assessment
of the impact of such grants on increasing the delivery
of mental health services and other health services to
veterans of the United States Armed Forces living in
rural areas (as so defined and including such areas
that are rural census tracks), with particular emphasis
on the impact of such grants on the delivery of such
services to veterans of Operation Enduring Freedom and
Operation Iraqi Freedom, and to other individuals
living in such rural areas.''.
(b) Use of Funds for Federal Administrative Expenses.--Section
1820(g)(5) of the Social Security Act (42 U.S.C. 1395i-4(g)(5)) is
amended--
(1) by striking ``beginning with fiscal year 2005'' and
inserting ``for each of fiscal years 2005 through 2008''; and
(2) by inserting ``and, of the total amount appropriated
for grants under paragraphs (1), (2), and (6) for a fiscal year
(beginning with fiscal year 2009)'' after ``2005)''.
(c) Extension of Authorization for FLEX Grants.--Section 1820(j) of
the Social Security Act (42 U.S.C. 1395i-4(j)) is amended--
(1) by striking ``and for'' and inserting ``for''; and
(2) by inserting ``, for making grants to all States under
paragraphs (1) and (2) of subsection (g), $55,000,000 in each
of fiscal years 2009 and 2010, and for making grants to all
States under paragraph (6) of subsection (g), $50,000,000 in
each of fiscal years 2009 and 2010, to remain available until
expended'' before the period at the end.
|
Relief for Rural Veterans in Crisis Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to: (1) authorize the Secretary of Health and Human Services to award grants to states for increasing the delivery of mental health services or other health care services deemed necessary to meet the needs of veterans of Operation Iraqi Freedom and Operation Enduring Freedom living in rural areas; and (2) extend the authorization for Medicare rural hospital flexibility program (FLEX) grants.
|
{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to expand the Medicare Rural Hospital Flexibility Program to increase the delivery of mental health services and other health services to veterans of Operation Enduring Freedom and Operation Iraqi Freedom and to other residents of rural areas, and for other purposes."}
| 1,322 | 102 | 0.604072 | 1.527417 | 1.000665 | 4.395604 | 13.197802 | 0.945055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Expansion Act of
2010''.
SEC. 2. ELECTIVE PAYMENT FOR SPECIFIED ENERGY PROPERTY.
(a) In General.--Chapter 65 of the Internal Revenue Code of 1986
(relating to abatements, credits, and refunds) is amended by adding at
the end the following new subchapter:
``Subchapter C--Direct Payment Provisions
``Sec. 6451. Elective payment for specified energy property.
``SEC. 6451. ELECTIVE PAYMENT FOR SPECIFIED ENERGY PROPERTY.
``(a) In General.--Any person making an election under this section
with respect to any specified energy property originally placed in
service by such person during the taxable year shall be treated as
making a payment, against the tax imposed by subtitle A for the taxable
year, equal to the applicable percentage of the basis of such property.
Such payment shall be treated as made on the later of the due date of
the return of such tax or the date on which such return is filed.
``(b) Applicable Percentage.--For purposes of this section, the
term `applicable percentage' means--
``(1) 30 percent in the case of any property described in
paragraph (2)(A)(i) or (5) of section 48(a), and
``(2) 10 percent in the case of any other property.
``(c) Dollar Limitations.--In the case of property described in
paragraph (1), (2), or (3) of section 48(c), the payment otherwise
treated as made under subsection (a) with respect to such property
shall not exceed the limitation applicable to such property under such
paragraph.
``(d) Specified Energy Property.--For purposes of this section--
``(1) In general.--The term `specified energy property'
means energy property (within the meaning of section 48)
which--
``(A) is originally placed in service before
January 1, 2013, or
``(B) is originally placed in service on or after
such date and before the credit termination date with
respect to such property, but only if the construction
of such property began before January 1, 2013.
``(2) Credit termination date.--The term `credit
termination date' means--
``(A) in the case of any energy property which is
part of a facility described in paragraph (1) of
section 45(d), January 1, 2013,
``(B) in the case of any energy property which is
part of a facility described in paragraph (2), (3),
(4), (6), (7), (9), or (11) of section 45(d), January
1, 2014, and
``(C) in the case of any energy property described
in section 48(a)(3), January 1, 2017.
In the case of any property which is described in subparagraph
(C) and also in another subparagraph of this paragraph,
subparagraph (C) shall apply with respect to such property.
``(e) Special Rules for Certain Non-Taxpayers.--
``(1) Denial of payment.--Subsection (a) shall not apply
with respect to any property originally placed in service by--
``(A) any governmental entity,
``(B) any organization described in section 501(c)
or 401(a) and exempt from tax under section 501(a), or
``(C) any entity referred to in paragraph (4) of
section 54(j).
``(2) Exception for property used in unrelated trade or
business.--Paragraph (1) shall not apply with respect to any
property originally placed in service by an entity described in
section 511(a)(2) if substantially all of the income derived
from such property by such entity is unrelated business taxable
income (as defined in section 512).
``(3) Special rules for partnerships and s corporations.--
In the case of property originally placed in service by a
partnership or an S corporation--
``(A) the election under subsection (a) may be made
only by such partnership or S corporation,
``(B) such partnership or S corporation shall be
treated as making the payment referred to in subsection
(a) only to the extent of the proportionate share of
such partnership or S corporation as is owned by
persons who would be treated as making such payment if
the property were originally placed in service by such
persons, and
``(C) the return required to be made by such
partnership or S corporation under section 6031 or 6037
(as the case may be) shall be treated as a return of
tax for purposes of subsection (a).
For purposes of subparagraph (B), rules similar to the rules of section
168(h)(6) (other than subparagraph (F) thereof) shall apply.
``(f) Coordination With Production and Investment Credits.--In the
case of any property with respect to which an election is made under
this section--
``(1) Denial of production and investment credits.--No
credit shall be determined under section 45 or 48 with respect
to such property for the taxable year in which such property is
originally placed in service or any subsequent taxable year.
``(2) Reduction of payment by progress expenditures already
taken into account.--The amount of the payment treated as made
under subsection (a) with respect to such property shall be
reduced by the aggregate amount of credits determined under
section 48 with respect to such property for all taxable years
preceding the taxable year in which such property is originally
placed in service.
``(g) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Other definitions.--Terms used in this section which
are also used in section 45 or 48 shall have the same meaning
for purposes of this section as when used in such sections.
``(2) Application of recapture rules, etc.--Except as
otherwise provided by the Secretary--
``(A) In general.--Except as otherwise provided in
this paragraph, rules similar to the rules of section
50 shall apply.
``(B) Exception to limitation on real estate
investment trusts, etc.--Paragraph (1) of section 50(d)
shall not apply.
``(C) Application of normalization rules.--
Paragraph (2) of section 50(d) shall not apply with
respect to property placed in service by a person in
the trade or business of furnishing or selling
electrical energy if any law or regulation requires
that not less than a certain amount of the electrical
energy so furnished or sold by such person be derived
from one or more renewable resources.
``(3) Provision of information.--A person shall not be
treated as having elected the application of this section
unless the taxpayer provides such information as the Secretary
(in consultation with the Secretary of Energy) may require for
purposes of verifying the proper amount to be treated as a
payment under subsection (a) and evaluating the effectiveness
of this section.
``(4) Exclusion from gross income.--Any credit or refund
allowed or made by reason of this section shall not be
includible in gross income or alternative minimum taxable
income.
``(5) Coordination with grant program.--If a grant under
section 1603 of the American Recovery and Reinvestment Tax Act
of 2009 is made with respect to any specified energy property--
``(A) no election may be made under subsection (a)
with respect to such property on or after the date of
such grant, and
``(B) if such grant is made after such election,
such property shall be treated as having ceased to be
specified energy property immediately after such
property was originally placed in service.''.
(b) Conforming Amendments.--
(1) Subparagraph (A) of section 6211(b)(4)(A) of such Code
is amended by inserting ``and subchapter C of chapter 65
(including any payment treated as made under such subchapter)''
after ``6431''.
(2) Subparagraph (B) of section 6425(c)(1) of such Code is
amended--
(A) by striking ``the credits'' and inserting ``the
sum of--
``(i) the credits'',
(B) by striking the period at the end of clause (i)
thereof (as amended by this paragraph) and inserting
``, plus'', and
(C) by adding at the end the following new clause:
``(ii) the payments treated as made under
subchapter C of chapter 65.''.
(3) Paragraph (3) of section 6654(f) of such Code is
amended--
(A) by striking ``the credits'' and inserting ``the
sum of--
``(A) the credits'',
(B) by striking the period at the end of
subparagraph (A) thereof (as amended by this paragraph)
and inserting ``, and'', and
(C) by adding at the end the following new
subparagraph:
``(B) the payments treated as made under subchapter
C of chapter 65.''.
(4) Subparagraph (B) of section 6655(g)(1) of such Code is
amended--
(A) by striking ``the credits'' and inserting ``the
sum of--
``(i) the credits'',
(B) by striking the period at the end of clause (i)
thereof (as amended by this paragraph) and inserting
``, plus'', and
(C) by adding at the end the following new clause:
``(ii) the payments treated as made under
subchapter C of chapter 65.''.
(5) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``, or from the provisions
of subchapter C of chapter 65 of such Code'' before the period
at the end.
(6) The table of subchapters for chapter 65 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``subchapter c. direct payment provisions.''
(c) Effective Date.--The amendments made by this section shall
apply to property originally placed in service after the date of the
enactment of this Act.
|
Renewable Energy Expansion Act of 2010 - Amends the Internal Revenue Code to: (1) allow taxpayers an election to receive a direct payment for investing in or producing specified energy property in lieu of existing energy tax credits; and (2) extend eligibility for such payments until January 1, 2013.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an elective payment for specified energy property."}
| 2,277 | 59 | 0.517322 | 1.174792 | 0.873687 | 2.087719 | 37.298246 | 0.789474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Duplicative and Ineffective
Federal Funding Act''.
SEC. 2. REPEAL OF THE PROGRAM OF BLOCK GRANTS TO STATES FOR SOCIAL
SERVICES.
(a) Repeals.--Sections 2001 through 2007 of the Social Security Act
(42 U.S.C. 1397-1397f) are repealed.
(b) Conforming Amendments.--
(1) Section 404(d) of the Social Security Act (42 U.S.C.
604(d)) is amended--
(A) in paragraph (1), by striking ``any or all of
the following provisions of law:'' and all that follows
through ``The'' and inserting ``the'';
(B) in paragraph (3)--
(i) by striking ``rules'' and all that
follows through ``any amount paid'' and
inserting ``rules.--Any amount paid'';
(ii) by striking ``a provision of law
specified in paragraph (1)'' and inserting
``the Child Care and Development Block Grant
Act of 1990''; and
(iii) by striking subparagraph (B); and
(C) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2).
(2) Section 422(b) of the Social Security Act (42 U.S.C.
622(b)) is amended--
(A) in paragraph (1)(A)--
(i) by striking ``administers or
supervises'' and inserting ``administered or
supervised''; and
(ii) by striking ``subtitle 1 of title XX''
and inserting ``subtitle A of title XX (as in
effect before the repeal of such subtitle)'';
and
(B) in paragraph (2), by striking ``under subtitle
1 of title XX,''.
(3) Section 471(a) of the Social Security Act (42 U.S.C.
671(a)) is amended--
(A) in paragraph (4), by striking ``, under
subtitle 1 of title XX of this Act,''; and
(B) in paragraph (8), by striking ``XIX, or XX''
and inserting ``or XIX''.
(4) Section 472(h)(1) of the Social Security Act (42 U.S.C.
672(h)(1)) is amended by striking the 2nd sentence.
(5) Section 473(b) of the Social Security Act (42 U.S.C.
673(b)) is amended--
(A) in paragraph (1), by striking ``(3)'' and
inserting ``(2)'';
(B) in paragraph (4), by striking ``paragraphs (1)
and (2)'' and inserting ``paragraph (1)''; and
(C) by striking paragraph (2) and redesignating
paragraphs (3) and (4) as paragraphs (2) and (3),
respectively.
(6) Section 504(b)(6) of the Social Security Act (42 U.S.C.
704(b)(6)) is amended in each of subparagraphs (A) and (B) by
striking ``, XIX, or XX'' and inserting ``or XIX''.
(7) Section 1101(a)(1) of the Social Security Act (42
U.S.C. 1301(a)(1)) is amended by striking the penultimate
sentence.
(8) Section 1128(h) of the Social Security Act (42 U.S.C.
1320a-7(h)) is amended--
(A) by adding ``or'' at the end of paragraph (2);
and
(B) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3).
(9) Section 1128A(i)(1) of the Social Security Act (42
U.S.C. 1320a-7a(i)(1)) is amended by striking ``or subtitle 1
of title XX''.
(10) Section 1132(a)(1) of the Social Security Act (42
U.S.C. 1320b-2(a)(1)) is amended by striking ``XIX, or XX'' and
inserting ``or XIX''.
(11) Section 1902(e)(13)(F)(iii) of the Social Security Act
(42 U.S.C. 1396a(e)(13)(F)(iii)) is amended--
(A) by striking ``Exclusions'' and inserting
``Exclusion''; and
(B) by striking ``an agency that determines
eligibility for a program established under the Social
Services Block Grant established under title XX or''.
(12) The heading for title XX of the Social Security Act is
amended by striking ``BLOCK GRANTS TO STATES FOR SOCIAL
SERVICES'' and inserting ``HEALTH PROFESSIONS DEMONSTRATIONS
AND ENVIRONMENTAL HEALTH CONDITION DETECTION''.
(13) The heading for subtitle A of title XX of the Social
Security Act is amended by striking ``Block Grants to States
for Social Services'' and inserting ``Health Professions
Demonstrations and Environmental Health Condition Detection''.
(14) Section 16(k)(5)(B)(i) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2025(k)(5)(B)(i)) is amended--
(A) by striking ``, or title XX,''; and
(B) by striking ``, 1397 et seq.''.
(15) Section 402(b)(3) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(3)) is amended by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph (B).
(16) Section 245A(h)(4)(I) of the Immigration and
Nationality Act (8 U.S.C. 1255a(h)(4)(I)) is amended by
striking ``, XVI, and XX'' and inserting ``and XVI''.
(17) Section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766) is amended--
(A) in subsection (a)(2)--
(i) in subparagraph (B)--
(I) by striking ``--'' and all that
follows through ``(i)'';
(II) by striking ``or'' at the end
of clause (i); and
(III) by striking clause (ii); and
(ii) in subparagraph (D)(ii), by striking
``or title XX''; and
(B) in subsection (o)(2)(B)--
(i) by striking ``or title XX'' each place
it appears; and
(ii) by striking ``or XX''.
(18) Section 201(b) of the Indian Child Welfare Act of 1978
(25 U.S.C. 1931(b)) is amended by striking ``titles IV-B and
XX'' each place it appears and inserting ``part B of title
IV''.
(19) Section 3803(c)(2)(C) of title 31, United States Code,
is amended by striking clause (vi) and redesignating clauses
(vii) through (xvi) as clauses (vi) through (xv), respectively.
(20) Section 14502(d)(3) of title 40, United States Code,
is amended--
(A) by striking ``and title XX''; and
(B) by striking ``, 1397 et seq.''.
(21) Section 2006(a)(15) of the Public Health Service Act
(42 U.S.C. 300z-5(a)(15)) is amended by striking ``and title
XX''.
(22) Section 203(b)(3) of the Older Americans Act of 1965
(42 U.S.C. 3013(b)(3)) is amended by striking ``XIX, and XX''
and inserting ``and XIX''.
(23) Section 213 of the Older Americans Act of 1965 (42
U.S.C. 3020d) is amended by striking ``or title XX''.
(24) Section 306(d) of the Older Americans Act of 1965 (42
U.S.C. 3026(d)) is amended in each of paragraphs (1) and (2) by
striking ``titles XIX and XX'' and inserting ``title XIX''.
(25) Section 2605 of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8624) is amended in each of subsections
(b)(4) and (j) by striking ``under title XX of the Social
Security Act,''.
(26) Section 602 of the Child Development Associate
Scholarship Assistance Act of 1985 (42 U.S.C. 10901) is
repealed.
(27) Section 3(d)(1) of the Assisted Suicide Funding
Restriction Act of 1997 (42 U.S.C. 14402(d)(1)) is amended by
striking subparagraph (C) and redesignating subparagraphs (D)
through (K) as subparagraphs (C) through (J), respectively.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2016.
|
Reducing Duplicative and Ineffective Federal Funding Act (Sec. 2) This bill repeals the program of block grants to states for social services under title XX (Block Grants to States for Social Services) of the Social Security Act, except those for: demonstration projects to address health professions workforce needs, and the program for early detection of certain medical conditions related to environmental health hazards.
|
{"src": "billsum_train", "title": "Reducing Duplicative and Ineffective Federal Funding Act"}
| 2,205 | 86 | 0.460762 | 1.172731 | 0.479109 | 3.067568 | 23.337838 | 0.77027 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine and Hydrokinetic Renewable
Energy Promotion Act of 2010''.
SEC. 2. DEFINITIONS.
(a) In General.--For the purposes of this Act--
(1) the term ``marine and hydrokinetic renewable energy''
has the meaning given that term in section 632 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17211); and
(2) the term ``Secretary'' means the Secretary of Energy.
(b) Amendment.--Section 632 of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17211) is amended to read as follows:
``SEC. 632. DEFINITION.
``For the purposes of this subtitle the term `marine and
hydrokinetic renewable energy' means energy from--
``(1) waves, tides, and currents in oceans, estuaries, and
tidal areas;
``(2) free flowing water in rivers, lakes, man-made water
systems, and streams;
``(3) salinity gradients; and
``(4) water temperature gradients, including ocean thermal
energy conversion.
The term `marine and hydrokinetic renewable energy' does not include
energy from any source that uses a dam, diversionary structure, or
impoundment for electric power purposes.''.
SEC. 3. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL
APPLICATION PROGRAM.
Section 633(a) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17212(a)) is amended to read as follows:
``(a) Establishment of Program.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Commerce, acting through the Administrator of the
National Oceanic and Atmospheric Administration, shall
establish a program of marine and hydrokinetic renewable energy
technology research, development, demonstration, and commercial
application, which shall include activities to address the
following:
``(A) Testing technologies, devices, and systems at
a variety of scales to facilitate their commercial
application.
``(B) Identifying, assessing, and finding ways to
avoid and minimize environmental impacts potentially
arising from marine and hydrokinetic renewable energy
technologies.
``(C) Establishing and expanding test centers and
facilities.
``(D) Reducing the manufacturing, installation,
operation, and maintenance costs of technologies.
``(E) Increasing performance, reliability, and
survivability of technologies, devices, systems, and
facilities.
``(F) Integrating technologies into the national
electric grid.
``(G) Identifying, developing, demonstrating, and
transferring to the private sector advanced systems
engineering and system integration methods to identify
critical interfaces.
``(H) Developing numerical and physical tools,
including models and monitoring technologies, to assist
industry in device and system design and operation.
``(I) Determining the potential availability,
extractability, and cost-effectiveness of marine and
hydrokinetic renewable energy generation in the United
States.
``(J) Supporting material sciences, including the
development of corrosive-resistant materials.
``(K) Designing and developing evaluation and
performance standards domestically and with
international partners.
``(L) Applying model predictions of relevant
oceanic and atmospheric variables on time scales
necessary for development and operation of marine and
hydrokinetic renewable energy technologies, including
for integration onto the electricity grid.
``(M) Identifying opportunities to transfer
knowledge from existing marine and other industries to
technology developers.
``(N) Identifying opportunities and benefits from
colocated development of multiple renewable energy
technologies or other activities.
``(O) Identifying the potential impacts on
navigation of marine and hydrokinetic renewable energy
technologies, and identifying measures to avoid and
minimize adverse impacts on these uses.
``(P) Improving interagency collaboration to
address challenges associated with the development of
marine and hydrokinetic renewable energy technologies.
``(Q) Any other area of marine and hydrokinetic
renewable energy technology development that the
Secretary considers appropriate.
``(2) Separation.--The program established under paragraph
(1) shall be separate from the Wind and Hydropower Program at
the Department of Energy.''.
SEC. 4. ENERGY GENERATION TECHNOLOGY DEMONSTRATION GRANTS.
(a) In General.--In carrying out section 633 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17212), the Secretary
shall establish a competitive marine and hydrokinetic renewable energy
technology demonstration grant program to--
(1) verify the performance, reliability, maintainability,
environmental impact, and cost of technology components,
devices, and system designs in an operating environment; and
(2) facilitate the commercial application of technology
components, devices, and systems at a variety of scales.
(b) Activities.--Activities that may be funded under this section
include the following:
(1) Providing stakeholders and industry with an opportunity
to test and evaluate, including by connecting to the national
electrical grid, marine and hydrokinetic renewable energy
technologies at a variety of scales, including full-scale
prototypes.
(2) Documenting and communicating technical, environmental
and, economic information from projects for the benefit of
utilities, independent power producers, other nonutility
generators, device suppliers, and other stakeholders.
(3) Obtaining operating, maintenance, and cost data
sufficiently rigorous to evaluate demonstrated technologies,
components, devices, and systems.
(4) Providing information to the public on potential
positive and negative environmental impacts, effective
monitoring techniques, and engineering design improvements to
reduce environmental impacts throughout demonstration projects.
(5) Conducting research, development, and monitoring
activities necessary to support the demonstration project.
SEC. 5. ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.
In carrying out section 633 of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17212), the Secretary shall establish a
competitive research, development, and demonstration grant program to
identify, assess, and find ways to avoid and minimize environmental
impacts potentially arising from marine and hydrokinetic renewable
energy technologies, devices, and systems. The program shall--
(1) measure such potential impacts;
(2) evaluate any environmental risks associated with marine
and hydrokinetic renewable energy technologies, devices, and
systems;
(3) research and evaluate the effectiveness of strategies,
including adaptive management, to avoid, minimize, or eliminate
such potential impacts;
(4) develop and demonstrate monitoring and other
technologies needed to identify such potential impacts;
(5) support baseline environmental research, including
ecological characterization of marine ecosystems, for specific
demonstration projects;
(6) facilitate public-private cooperation, including
identification and assessment of relevant existing private
sector technologies; and
(7) communicate and disseminate to the public information
generated from a grant awarded under this section to aid in
efficient and environmentally responsible technology
development, except to the extent that the information is
protected from disclosure under applicable law.
SEC. 6. TEST FACILITIES.
(a) In General.--In carrying out section 633(a)(1)(C) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17212(a)(1)(C)), not
later than 180 days after the date of enactment of this Act, the
Secretary shall award competitive grants to support 3 or more
geographically dispersed marine and hydrokinetic renewable energy
technology research, development, and demonstration test facilities for
the demonstration of multiple technologies in actual operating
environments. These grants may support modification of an existing
facility, including a Center established under section 634 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17213), or
construction of a new test facility.
(b) Program Objectives.--In awarding grants under this section, the
Secretary shall provide for--
(1) the demonstration of a variety of technologies at each
test facility;
(2) the demonstration of a variety of technologies among
all of the test facilities established; and
(3) the demonstration of technologies at a variety of
scales.
(c) Activities.--Each test facility established under this section
shall--
(1) provide infrastructure and resources for the evaluation
and technical viability testing of marine and hydrokinetic
renewable energy technologies; and
(2) conduct and support research, development, and
demonstration activities with respect to marine and
hydrokinetic renewable energy technologies, including in
support of the program and activities described in sections 4
and 5.
(d) Applicants.--An applicant for a grant under this section shall
be a nonprofit institution, State or local government, institution of
higher education, National Laboratory, or Center established under
section 634 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17213), which can demonstrate to the satisfaction of the
Secretary the ability and intention to--
(1) combine expertise from relevant academic fields,
including those related to the environment, marine sciences,
energy, and electrical, mechanical, and civil engineering; and
(2) partner with other entities that have expertise in
advancing marine and hydrokinetic renewable energy
technologies.
(e) Maximum Amount.--The Secretary shall provide no more than a
total of $50,000,000 in Federal assistance, under this or any other
Act, for each test facility.
(f) Amendments.--Section 634 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17213) is amended--
(1) in subsection (a), by striking ``marine renewable
energy technologies'' and inserting ``marine and hydrokinetic
renewable energy technologies''; and
(2) by amending subsection (b) to read as follows:
``(b) Purposes.--The Centers shall advance research, development,
demonstration, and commercial application of marine and hydrokinetic
renewable energy technologies and--
``(1) shall serve as information clearinghouses for the
marine and hydrokinetic renewable energy industry, collecting
and disseminating information on best practices in all areas
related to developing and managing marine and hydrokinetic
renewable energy technologies; and
``(2) may serve as technology test facilities established
under section 6 of the Marine and Hydrokinetic Renewable Energy
Promotion Act of 2010.''.
SEC. 7. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.
(a) Coordination and Nonduplication.--In carrying out this Act the
Secretary shall coordinate and avoid duplication of activities across
programs of the Department of Energy and with other relevant Federal
agencies, including with those of the National Laboratories.
(b) Collaboration.--In carrying out this Act the Secretary shall
collaborate with industry, stakeholders, the National Laboratories,
other relevant Federal agencies, relevant academic institutions, and
international bodies with relevant scientific expertise.
(c) Public Availability.--The Secretary shall obtain from the
recipient of assistance under this Act and make available to the
public, through Department websites, reports, and databases, any
research, development, demonstration, and commercial application
information generated with respect to the technology supported under
this Act, including information discovered after the completion of
activities supported under this Act, except to the extent that the
information is protected from disclosure under section 552(b) of title
5, United States Code.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and at least once every 2 years thereafter, the
Secretary shall transmit to the Congress a report on the findings and
activities under this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act--
(1) $200,000,000 for fiscal year 2011, to remain available
until expended, of which--
(A) $40,000,000 shall be for carrying out section
4;
(B) $40,000,000 shall be for carrying out section
5; and
(C) $100,000,000 shall be for carrying out section
6; and
(2) $150,000,000 for each of fiscal years 2012 through
2015, to remain available until expended, of which--
(A) $70,000,000 shall be for carrying out section
4; and
(B) $60,000,000 shall be for carrying out section
5.
|
Marine and Hydrokinetic Renewable Energy Promotion Act of 2010 - Amends the Energy Independence and Security Act of 2007 to revise the program of marine and hydrokinetic renewable energy technology research, development, demonstration, and commercial application, including by requiring the program to include specified activities, including: (1) determining the potential availability, extractability, and cost-effectiveness of marine and hydrokinetic renewable energy generation in the United States; (2) designing and developing evaluation and performance standards domestically and with international partners; and (3) improving interagency collaboration to address challenges associated with the development of such technologies. Requires such program to be separate from the Department of Energy's (DOE) Wind and Hydropower Program.
Requires the Secretary of Energy to establish a competitive marine and hydrokinetic renewable energy technology demonstration grant program to: (1) verify the performance, reliability, maintainability, environmental impact, and cost of technology components, devices, and system designs in an operating environment; and (2) facilitate the commercial application of technology components, devices, and systems at a variety of scales.
Requires the Secretary to establish a competitive research, development, and demonstration grant program to identify and assess ways to avoid and minimize environmental impacts potentially arising from marine and hydrokinetic renewable energy technologies, devices, and systems.
Requires the Secretary to award competitive grants to support modifying or constructing three or more geographically dispersed marine and hydrokinetic renewable energy technology research, development, and demonstration test facilities for the demonstration of multiple technologies in actual operating environments.
Authorizes National Marine Renewable Energy Research, Development, and Demonstration Centers to serve as technology test facilities.
|
{"src": "billsum_train", "title": "To promote the research, development, demonstration, and commercial application of marine and hydrokinetic renewable energy technologies, to identify the potential environmental impacts of these technologies and ways to address these impacts, and for other purposes."}
| 2,599 | 348 | 0.698618 | 2.111609 | 0.877273 | 5.980645 | 7.935484 | 0.954839 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Commission Act of
2007''.
SEC. 2. ESTABLISHMENT OF HUMAN RIGHTS COMMISSION.
There is established a commission to be known as the ``Human Rights
Commission'' (in this Act referred to as the ``Commission'').
SEC. 3. DUTY OF HUMAN RIGHTS COMMISSION.
The Commission shall monitor the compliance by the United States
with all international human rights treaties to which the United States
is a party (including all such treaties to which the United States
becomes a party at any time after the date of the enactment of this
Act), including the following:
(1) The Convention to Suppress the Slave Trade and Slavery
(September 25, 1926, as amended by the Protocol of December 7,
1953).
(2) The Convention on the Prevention and Punishment of the
Crime of Genocide (December 9, 1948).
(3) The Convention relative to the Treatment of Prisoners
of War (August 12, 1949).
(4) The Convention relative to the Protection of Civilian
Persons in Time of War (August 12, 1949).
(5) The Convention on the Political Rights of Women
(December 20, 1952).
(6) The Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery (September 7, 1956).
(7) The Abolition of Forced Labour Convention of June 25,
1957 (ILO Convention 105).
(8) The International Convention on the Elimination of All
Forms of Racial Discrimination (December 21, 1965).
(9) The International Covenant on Civil and Political
Rights (December 16, 1966).
(10) The Protocol Relating to the Status of Refugees
(January 31, 1967).
(11) The Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (December 10,
1984).
(12) The Worst Forms of Child Labour Convention (June 17,
1999) (ILO Convention 182).
(13) The Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery (September 7, 1956).
(14) The Optional Protocol to the Convention on the Rights
of the Child on the involvement of children in armed conflicts
(May 25, 2000).
(15) The Optional Protocol to the Convention on the Rights
of the Child on the sale of children, child prostitution and
child pornography (May 25, 2000).
(16) The Convention for the Amelioration of the Condition
of the Wounded and Sick in the Armed Forces in the Field
(August 12, 1949).
(17) The Convention for the Amelioration of the Condition
of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
(August 12, 1949).
(18) The Inter-American Convention on the Granting of
Political Rights to Women (May 2, 1948).
(19) The Inter-American Convention on the Nationality of
Women (December 26, 1933).
SEC. 4. COMMISSION MEMBERSHIP.
(a) Selection and Appointment of Members.--The Commission shall be
composed of 18 members, as follows:
(1) Nine Members of the House of Representatives appointed
by the Speaker of the House of Representatives. Five Members
shall be selected from the majority party and four Members
shall be selected, after consultation with the minority leader
of the House of Representatives, from the minority party. The
nine Members shall include the Chairman and Ranking Minority
Member of the Subcommittee on International Organizations,
Human Rights, and Oversight of the Committee on Foreign Affairs
and the Chairman and Ranking Minority Member of the
Subcommittee on Immigration, Citizenship, Refugees, Border
Security, and International Law of the Committee on the
Judiciary.
(2) Nine Members of the Senate appointed by the President
of the Senate. Five Members shall be selected from the majority
party of the Senate, after consultation with the majority
leader, and four Members shall be selected, after consultation
with the minority leader of the Senate, from the minority
party. The nine Members shall include the Chairman and Ranking
Minority Member of the Subcommittee on International Operations
and Organizations, Democracy and Human Rights of the Committee
on Foreign Relations and the Chairman and Ranking Minority
Member of the Subcommittee on Human Rights and the Law of the
Committee on the Judiciary.
(b) Commission Chairman and Co-Chairman.--
(1) In general.--The Commission shall have a Chairman and a
Co-Chairman.
(2) Designation of chairman.--
(A) House of representatives.--Not later than 30
days after the convening of each even-numbered
Congress, the Speaker of the House of Representatives
shall designate one of the House Members who is a
member of the Commission as Chairman of the Commission.
(B) Senate.--Not later than 30 days after the
convening of each odd-numbered Congress, the President
of the Senate, on the recommendation of the majority
leader, shall designate one of the Senate Members who
is a member of the Commission as Chairman of the
Commission.
(3) Designation of co-chairman.--
(A) House of representatives.--Not later than 30
days after the convening of each odd-numbered Congress,
the Speaker of the House of Representatives shall
designate one of the House Members who is a member of
the Commission as Co-Chairman of the Commission.
(B) Senate.--Not later than 30 days after the
convening of each even-numbered Congress, the President
of the Senate, on the recommendation of the majority
leader, shall designate one of the Senate Members who
is a member of the Commission as Co-Chairman of the
Commission.
(4) Term of office.--The term of office of a Chairman and
Co-Chairman shall terminate on the date that a Congress
adjourns sine die.
SEC. 5. TESTIMONY OF WITNESSES; PRODUCTION OF EVIDENCE; ISSUANCE OF
SUBPOENAS; ADMINISTRATION OF OATHS.
In carrying out its duty under section 3, the Commission may
require, by subpoena or otherwise, the attendance and testimony of such
witnesses and the production of such evidence, including books,
records, correspondence, memorandums, papers, and documents, as it
determines necessary. Subpoenas may be issued only pursuant to a two-
thirds vote of the members of the Commission who are present and
voting. Upon such a vote, subpoenas may be issued by the Chairman of
the Commission or by any member designated by the Chairman, and may be
served by any person designated by the Chairman or such member. The
Chairman of the Commission, or any member designated by the Chairman,
may administer oaths to any witnesses.
SEC. 6. REPORT BY SECRETARY OF STATE TO COMMISSION.
(a) Annual Report.--In order to assist the Commission in carrying
out its duty under section 3, the Secretary of State shall annually
submit to the Commission a report that explains how the United States
has complied with its international human rights treaty obligations
over the preceding calendar year.
(b) Contents of Report.--The report required under subsection (a)
shall include a discussion of any concerns raised regarding the United
States in international organizations charged with monitoring
compliance with international human rights treaties.
(c) Time for Submission of Report.--The Secretary shall submit the
report not later than March 31 of each year.
(d) Public Dissemination.--The Secretary shall ensure that each
annual report, excluding any classified annexes, is posted on the
website of the Department of State not later than April 1 of each year.
SEC. 7. REPORTS BY COMMISSION TO CONGRESS.
(a) In General.--Not later than January 31 of each year, the
Commission shall submit to the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of Representatives and
Committee on Foreign Relations and the Committee on the Judiciary of
the Senate a report regarding the compliance by the United States of
its obligations under international human rights treaties.
(b) Request for Additional Information.--The Commission shall, upon
request by any Member of the House of Representatives or any Member of
the Senate, provide such Member with any additional information so
requested pertaining to the compliance by the United States of its
obligations under international human rights treaties.
(c) Expenditure of Appropriations.--Not later than January 15 of
each fiscal year for which an appropriation is made to the Commission
to carry out its duty under section 3, the Commission shall submit to
Congress a report on its expenditures under such appropriation.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission for each fiscal year such sums as may be necessary to enable
it to carry out its duty under section 3.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are authorized to
remain available until expended.
(c) Disbursement.--Amounts appropriated to the Commission shall be
disbursed on vouchers approved--
(1) jointly by the Chairman and the Co-Chairman; or
(2) by a majority of the members of the personnel and
administration committee established under section 9.
SEC. 9. COMMISSION STAFF.
(a) Staff Director; Senior Staff Person.--The Chairman shall be
entitled to appoint and fix the pay of a staff director, and the Co-
Chairman shall be entitled to appoint and fix the pay of the senior
staff person of the Co-Chairman.
(b) Professional Staff Members.--The Chairman and Co-Chairman each
shall have the authority to appoint and fix the pay of at least four
professional staff members who shall be responsible to the Chairman or
the Co-Chairman, as the case may be, who appointed them. Such authority
may be delegated to the staff director or senior staff person, as the
case may be.
(c) Staff Appointments.--All staff appointments shall be made
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and without regard
to the provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay rates,
except that the rate of pay may not exceed the maximum rate of pay for
GS-15 under the General Schedule.
(d) Commission Employees as Congressional Employees.--For purposes
of pay and other employment benefits, rights, and privileges, and for
all other purposes, any employee of the Commission shall be considered
to be a congressional employee as defined in section 2107 of title 5,
United States Code.
(e) Qualifications of Professional Staff.--The personnel and
administration committee shall ensure that the professional staff of
the Commission consists of persons with expertise in civil rights,
prisoner rights, labor rights, law, international law, and human
rights.
SEC. 10. PRINTING AND BINDING COSTS.
For purposes of costs relating to printing and binding, including
the costs of personnel detailed from the Government Printing Office,
the Commission shall be deemed to be a committee of Congress.
|
Human Rights Commission Act of 2007 [sic] - Establishes the Human Rights Commission which shall monitor U.S. compliance with all international human rights treaties to which the United States is a party (including treaties to which the United States becomes a party after the date of the enactment of this Act).
|
{"src": "billsum_train", "title": "To establish a United States Human Rights Commission to monitor compliance by the United States with international human rights treaty obligations."}
| 2,494 | 70 | 0.512758 | 1.296684 | 0.880283 | 5.089286 | 40.375 | 0.910714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trading With the Communist Chinese
Military Act of 1998''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress makes the following findings:
(1) The People's Liberation Army is the principal
instrument of repression within the People's Republic of China,
responsible for massacring an unknown number of students,
workers, and other demonstrators for democracy in Tiananmen
Square on June 4, 1989.
(2) The People's Liberation Army is responsible for
occupying Tibet since 1950 and implementing the official policy
of the People's Republic of China to eliminate the unique
cultural, linguistic, and religious heritage of the Tibetan
people.
(3) The People's Liberation Army has operational control of
the People's Armed Police, an internal security force of over
1,000,000 troops, whose primary purpose is to suppress the
legitimate protests of Chinese workers.
(4) The People's Liberation Army is engaged in a massive
effort to modernize its military capabilities.
(5) The People's Liberation Army owns and operates hundreds
of companies and thousands of factories the profits from which
in some measure are used to support military activities.
(6) Companies owned by the People's Liberation Army and the
People's Armed Police export to the United States such products
as toys, clothing, frozen fish, lighting fixtures, garlic,
glassware, yarn, footwear, chemicals, machinery, metal
products, furniture, decorations, gloves, tents, and tools.
(7) Companies owned by the People's Liberation Army and
People's Armed Police regularly solicit investment in joint
ventures with United States companies.
(8) The People's Liberation Army and People's Armed Police
have established in the United States over the past decade at
least 23 different companies.
(9) The people of the United States are unaware that
certain products they are purchasing in retail stores are
produced by companies owned and operated by the People's
Liberation Army or the People's Armed Police of China.
(10) The purchase of these products by American consumers
places them in the position of unwittingly subsidizing the
operations of the People's Liberation Army and the People's
Armed Police.
(11) The Government of the People's Republic of China, with
the assistance of the People's Liberation Army and the People's
Armed Police, continues to deny its citizens basic human rights
enumerated in the Universal Declaration of Human Rights, persecutes
those who seek to freely practice their religion, and denies workers
the right to establish free and independent trade unions.
(b) Policy.--It is the policy of the United States to prohibit any
entity owned, operated, or controlled by the People's Liberation Army
of China or the People's Armed Police of China from operating in the
United States or conducting certain business with persons subject to
the jurisdiction of the United States.
SEC. 3. DETERMINATION OF COMMUNIST CHINESE MILITARY COMPANIES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of the Treasury, the Attorney General, the Director of
Central Intelligence, and the Director of the Federal Bureau of
Investigation, shall compile a list of persons who are Communist
Chinese military companies and who are operating directly or indirectly
in the United States or any of its territories and possessions, and
shall publish the list of such persons in the Federal Register. Every 6
months, the Secretary of Defense, in consultation with the Secretary of
the Treasury, the Attorney General, the Director of Central
Intelligence, and the Director of the Federal Bureau of Investigation,
shall make such additions to or deletions from the list as are
necessary, based on the latest information available.
(b) Communist Chinese Military Company.--For purposes of making the
determination required by subsection (a), the term ``Communist Chinese
military company''--
(1) means a person that is--
(A) engaged in providing commercial services,
manufacturing, producing, or exporting; and
(B) owned, operated, or controlled by the People's
Liberation Army of China or the People's Armed Police
of China; and
(2) includes, but is not limited to, any person identified
in the United States Defense Intelligence Agency publication
numbered VP-1920-271-90, dated September 1990, or PC-1921-57-
95, dated October 1995, and any updates of such report under
subsection (c).
(c) Updating of Reports.--The United States Defense Intelligence
Agency shall update the report described in subsection (b)(2) by not
later than 90 days after the date of the enactment of this Act and not
later than every 6 months thereafter, for purposes of identifying
Communist Chinese military companies.
SEC. 4. PROHIBITIONS.
(a) Officers, Directors, etc.--It shall be unlawful for any person
to serve as an officer, director, or other manager of any office or
business anywhere in the United States or its territories or
possessions that is owned, operated, or controlled by a Communist
Chinese military company.
(b) Divestiture.--The President shall by regulation require the
closing and divestiture of any office or business in the United States
or its territories or possessions that is owned, operated, or
controlled by a Communist Chinese military company.
(c) Importation.--No goods or services that are the growth,
product, or manufacture of a Communist Chinese military company may
enter the customs territory of the United States.
(d) Contracts, Loans, Ownership Interests.--It shall be unlawful
for any person subject to the jurisdiction of the United States
knowingly--
(1) to make any loan or other extension of credit to any
Communist Chinese military company; or
(2) to acquire an ownership interest in any Communist
Chinese military company.
(e) Exports.--It shall be unlawful for any person subject to the
jurisdiction of the United States to export any item on the United
States Munitions List to a Communist Chinese military company.
(f) Exception For Humanitarian Items.--Subsections (a) through (e)
shall not apply with respect to a transaction if the President
determines that the transaction involves the transfer of food,
clothing, medicine, or emergency supplies intended to relieve human
suffering, and the President transmits that determination to the
Congress.
SEC. 5. REGULATORY AUTHORITY.
The President shall issue such regulations as are necessary to
carry out this Act.
SEC. 6. PENALTIES.
Any person who knowingly violates section 4 or any regulation
issued thereunder--
(1) in the case of the first offense, shall be fined not
more the $100,000, or imprisoned not more than 1 year, or both;
and
(2) in the case of any subsequent offense, shall be fined
not more than $1,000,000, or imprisoned not more than 4 years,
or both.
SEC. 7. DEFINITION.
For purposes of this Act--
(1) the term ``People's Liberation Army'' means the land,
naval, and air military services and the military intelligence
services of the Communist Government of the People's Republic
of China, and any member of any such service; and
(2) the term ``People's Armed Police'' means the
paramilitary service of the Communist Government of the
People's Republic of China, whether or not such service is
subject to the control of the People's Liberation Army, the
Public Security Bureau of that government, or any other
governmental entity of the People's Republic of China.
|
Trading With the Communist Chinese Military Act of 1998 - Directs the Secretary of Defense to compile, publish, and update continuously a list of Communist Chinese military companies owned or controlled by the People's Liberation Army and operating directly or indirectly in the United States or any of its territories and possessions.
Makes it unlawful for any person to serve as an officer, director, or other manager of any office or business in the United States or its territories or possessions that is owned, operated, or controlled by a Communist Chinese military company. Directs the President by regulation to require the closing and divestiture of such offices and businesses.
Prohibits the importation into the United States of goods or services that are the growth, product, or manufacture of a Communist Chinese military company.
Makes it unlawful for any U.S. person to: (1) make a loan or extend credit to any Communist Chinese military company; (2) acquire an ownership interest in such a company; or (3) export to such a company any item on the U.S. Munitions List.
Exempts from the application of this Act any transaction which the President determines (and reports to the Congress) to involve the transfer of food, clothing, medicine, or emergency supplies intended to relieve human suffering.
Sets forth penalties for violations of this Act.
|
{"src": "billsum_train", "title": "Trading With the Communist Chinese Military Act of 1998"}
| 1,669 | 278 | 0.502516 | 1.759237 | 0.658314 | 5.15625 | 6.070313 | 0.914063 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prematurity Research Expansion and
Education for Mothers who deliver Infants Early Act'' or the ``PREEMIE
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Premature birth is a serious and growing problem. The
rate of preterm birth increased 27 percent between 1982 and
2002 (from 9.4 percent to 11.9 percent). In 2002, more than
480,000 babies were born prematurely in the United States.
(2) Preterm birth accounts for 24 percent of deaths in the
first month of life.
(3) Premature infants are 14 times more likely to die in
the first year of life.
(4) Premature babies who survive may suffer lifelong
consequences, including cerebral palsy, mental retardation,
chronic lung disease, and vision and hearing loss.
(5) Preterm and low birthweight birth is a significant
financial burden in health care. The estimated charges for
hospital stays for infants with any diagnosis of prematurity/
low birthweight were $15,000,000,000 in 2002. The average
lifetime medical costs of a premature baby are conservatively
estimated at $500,000.
(6) The proportion of preterm infants born to African-
American mothers (17.3 percent) was significantly higher
compared to the rate of infants born to white mothers (10.6
percent). Prematurity or low birthweight is the leading cause
of death for African-American infants.
(7) The cause of approximately half of all premature births
is unknown.
(8) Women who smoke during pregnancy are twice as likely as
nonsmokers to give birth to a low birthweight baby. Babies born
to smokers weigh, on average, 200 grams less than nonsmokers'
babies.
(9) To reduce the rates of preterm labor and delivery more
research is needed on the underlying causes of preterm
delivery, the development of treatments for prevention of
preterm birth, and treatments improving outcomes for infants
born preterm.
(b) Purposes.--It is the purpose of this Act to--
(1) reduce rates of preterm labor and delivery;
(2) work toward an evidence-based standard of care for
pregnant women at risk of preterm labor or other serious
complications, and for infants born preterm and at a low
birthweight; and
(3) reduce infant mortality and disabilities caused by
prematurity.
SEC. 3. RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND THE CARE,
TREATMENT, AND OUTCOMES OF PRETERM AND LOW BIRTHWEIGHT
INFANTS.
(a) General Expansion of NIH Research.--Part B of title IV of the
Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding
at the end the following:
``SEC. 409J. EXPANSION AND COORDINATION OF RESEARCH RELATING TO PRETERM
LABOR AND DELIVERY AND INFANT MORTALITY.
``(a) In General.--The Director of NIH shall expand, intensify, and
coordinate the activities of the National Institutes of Health with
respect to research on the causes of preterm labor and delivery, infant
mortality, and improving the care and treatment of preterm and low
birthweight infants.
``(b) Authorization of Research Networks.--There shall be
established within the National Institutes of Health a Maternal-Fetal
Medicine Units Network and a Neonatal Research Units Network. In
complying with this subsection, the Director of NIH shall utilize
existing networks.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2006 through 2010.''.
(b) General Expansion of CDC Research.--Section 301 of the Public
Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the
end the following:
``(e) The Director of the Centers for Disease Control and
Prevention shall expand, intensify, and coordinate the activities of
the Centers for Disease Control and Prevention with respect to preterm
labor and delivery and infant mortality.''.
(c) Study on Assisted Reproduction Technologies.--Section 1004(c)
of the Children's Health Act of 2000 (Public Law 106-310) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) consider the impact of assisted reproduction
technologies on the mother's and children's health and
development.''.
(d) Study on Relationship Between Prematurity and Birth Defects.--
(1) In general.--The Director of the Centers for Disease
Control and Prevention shall conduct a study on the
relationship between prematurity, birth defects, and
developmental disabilities.
(2) Report.--Not later than 2 year after the date of
enactment of this Act, the Director of the Centers for Disease
Control and Prevention shall submit to the appropriate
committees of Congress a report concerning the results of the
study conducted under paragraph (1).
(e) Review of Pregnancy Risk Assessment Monitoring Survey.--The
Director of the Centers for Disease Control and Prevention shall
conduct a review of the Pregnancy Risk Assessment Monitoring Survey to
ensure that the Survey includes information relative to medical care
and intervention received, in order to track pregnancy outcomes and
reduce instances of preterm birth.
(f) Study on the Health and Economic Consequences of Preterm
Birth.--
(1) In general.--The Director of the National Institutes of
Health in conjunction with the Director of the Centers for
Disease Control and Prevention shall enter into a contract with
the Institute of Medicine of the National Academy of Sciences
for the conduct of a study to define and address the health and
economic consequences of preterm birth. In conducting the
study, the Institute of Medicine shall--
(A) review and assess the epidemiology of premature
birth and low birthweight, and the associated maternal
and child health effects in the United States, with
attention paid to categories of gestational age,
plurality, maternal age, and racial or ethnic
disparities;
(B) review and describe the spectrum of short and
long-term disability and health-related quality of life
associated with premature births and the impact on
maternal health, health care and quality of life,
family employment, caregiver issues, and other social
and financial burdens;
(C) assess the direct and indirect costs associated
with premature birth, including morbidity, disability,
and mortality;
(D) identify gaps and provide recommendations for
feasible systems of monitoring and assessing associated
economic and quality of life burdens associated with
prematurity;
(E) explore the implications of the burden of
premature births for national health policy;
(F) identify community outreach models that are
effective in decreasing prematurity rates in
communities;
(G) consider options for addressing, as
appropriate, the allocation of public funds to
biomedical and behavioral research, the costs and
benefits of preventive interventions, public health,
and access to health care; and
(H) provide recommendations on best practices and
interventions to prevent premature birth, as well as
the most promising areas of research to further
prevention efforts.
(2) Report.--Not later than 1 year after the date on which
the contract is entered into under paragraph (1), the Institute
of Medicine shall submit to the Director of the National
Institutes of Health, the Director of the Centers for Disease
Control and Prevention, and the appropriate committees of
Congress a report concerning the results of the study conducted
under such paragraph.
(g) Evaluation of National Core Performance Measures.--
(1) In general.--The Administrator of the Health Resources
and Services Administration shall conduct an assessment of the
current national core performance measures and national core
outcome measures utilized under the Maternal and Child Health
Block Grant under title V of the Social Security Act (42 U.S.C.
701 et seq.) for purposes of expanding such measures to include
some of the known risk factors of low birthweight and
prematurity, including the percentage of infants born to
pregnant women who smoked during pregnancy.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Health
Resources and Services Administration shall submit to the
appropriate committees of Congress a report concerning the
results of the evaluation conducted under paragraph (1).
SEC. 4. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399O. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT
SERVICES.
``(a) In General.--The Secretary, directly or through the awarding
of grants to public or private nonprofit entities, shall conduct a
demonstration project to improve the provision of information on
prematurity to health professionals and other health care providers and
the public.
``(b) Activities.--Activities to be carried out under the
demonstration project under subsection (a) shall include the
establishment of programs--
``(1) to provide information and education to health
professionals, other health care providers, and the public
concerning--
``(A) the signs of preterm labor, updated as new
research results become available;
``(B) the screening for and the treating of
infections;
``(C) counseling on optimal weight and good
nutrition, including folic acid;
``(D) smoking cessation education and counseling;
and
``(E) stress management; and
``(2) to improve the treatment and outcomes for babies born
premature, including the use of evidence-based standards of
care by health care professionals for pregnant women at risk of
preterm labor or other serious complications and for infants
born preterm and at a low birthweight.
``(c) Requirement.--Any program or activity funded under this
section shall be evidence-based.
``(d) Nicu Family Support Programs.--The Secretary shall conduct,
through the awarding of grants to public and nonprofit private
entities, projects to respond to the emotional and informational needs
of families during the stay of an infant in a neonatal intensive care
unit, during the transition of the infant to the home, and in the event
of a newborn death. Activities under such projects may include
providing books and videos to families that provide information about
the neonatal intensive care unit experience, and providing direct
services that provide emotional support within the neonatal intensive
care unit setting.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2006 through 2010.''.
SEC. 5. INTERAGENCY COORDINATING COUNCIL ON PREMATURITY AND LOW
BIRTHWEIGHT.
(a) Purpose.--It is the purpose of this section to stimulate
multidisciplinary research, scientific exchange, and collaboration
among the agencies of the Department of Health and Human Services and
to assist the Department in targeting efforts to achieve the greatest
advances toward the goal of reducing prematurity and low birthweight.
(b) Establishment.--The Secretary of Health and Human Services
shall establish an Interagency Coordinating Council on Prematurity and
Low Birthweight (referred to in this section as the Council) to carry
out the purpose of this section.
(c) Composition.--The Council shall be composed of members to be
appointed by the Secretary, including representatives of--
(1) the agencies of the Department of Health and Human
Services; and
(2) voluntary health care organizations, including
grassroots advocacy organizations, providers of specialty
obstetrical and pediatric care, and researcher organizations.
(d) Activities.--The Council shall--
(1) annually report to the Secretary of Health and Human
Services on current Departmental activities relating to
prematurity and low birthweight;
(2) plan and hold a conference on prematurity and low
birthweight under the sponsorship of the Surgeon General;
(3) establish a consensus research plan for the Department
of Health and Human Services on prematurity and low
birthweight;
(4) report to the Secretary of Health and Human Services
and the appropriate committees of Congress on recommendations
derived from the conference held under paragraph (2) and on the
status of Departmental research activities concerning
prematurity and low birthweight;
(5) carry out other activities determined appropriate by
the Secretary of Health and Human Services; and
(6) oversee the coordination of the implementation of this
Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act, such
sums as may be necessary for each of fiscal years 2006 through 2010.
|
Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or PREEMIE Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand and coordinate NIH research on preterm labor and delivery, infant mortality, and low birthweight infants. Establishes the Maternal-Fetal Medicine Units Network and the Neonatal Research Units Network within NIH.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) expand and coordinate CDC activities on preterm labor and delivery and infant mortality; (2) conduct a study on the relationship between prematurity, birth defects, and developmental disabilities; and (3) review the Pregnancy Risk Assessment Monitoring Survey.
Requires the National Institute of Child Health and Human Development's national longitudinal study of environmental influences on children's health and development to consider the impact of assisted reproduction technologies.
Requires the Director of NIH to contract with the Institute of Medicine to study the health and economic consequences of preterm birth.
Directs the Administrator of the Health Resources and Services Administration (HRSA) to assess certain core performance and outcome measures utilized under the Social Security Act for purposes of expanding such measures to include known risk factors of low birthweight and prematurity.
Requires the Secretary of Health and Human Services to: (1) conduct a demonstration project to improve the provision of information on prematurity to health professionals and the public; (2) conduct projects to support the informational and emotional needs of families during the stay of an infant in a neonatal intensive care unit, during the transition of the infant to the home, and in the event of a newborn death; and (3) establish an Interagency Coordinating Council on Prematurity and Low Birthweight.
|
{"src": "billsum_train", "title": "To reduce preterm labor and delivery and the risk of pregnancy-related deaths and complications due to pregnancy, and to reduce infant mortality caused by prematurity."}
| 2,846 | 395 | 0.590601 | 1.803309 | 0.842496 | 4.936937 | 7.750751 | 0.960961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International and Foreign Language
Studies Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In recent years, foreign language needs have
significantly increased throughout the Federal Government due
to the presence of a wider range of security threats, the
emergence of new nation states, and the globalization of the
United States economy.
(2) Likewise, American businesses increasingly need
internationally and multiculturally experienced employees to
compete in the global economy and to manage a culturally
diverse workforce.
(3) In 2005, the Federal Government requires 34,000
employees with foreign language skills across more than 70
Federal agencies.
(4) Federal agency officials have stated that, over the
years, translator and interpreter shortfalls have adversely
affected agency operations and hindered United States military,
law enforcement, intelligence, counterterrorism, and diplomatic
efforts.
(5) In a 2002 General Accounting Office report, the United
States Army reported that it was experiencing serious
shortfalls of translators and interpreters in 5 of its 6
critical languages: Arabic, Korean, Mandarin Chinese, Persian-
Farsi, and Russian.
(6) The number of Foreign Language and Area Studies
Fellowships awarded in 2003 was 30 percent less than the number
awarded at its high point in 1967.
(7) In the 2000-2001 school year, the number of foreign
language degrees conferred was 1 percent of the total number of
undergraduate degrees conferred, less than .05 percent of the
total number of masters degrees conferred, and 1 percent of the
total number of doctoral degrees conferred.
(8) In the 2004 National Survey of Student Engagement,
almost \1/3\ of undergraduates reported taking foreign language
coursework, while only 11 percent reported having studied
abroad.
(9) According to the American Council on Education, in
recent studies, \1/2\ of all students surveyed had taken not
less than 1 international course during the 2000-2001 school
year, but foreign language enrollment remained static.
(10) In 2002, 79 percent of Americans agreed that students
should have a study-abroad experience sometime during college.
(11) More than 40 percent of Americans said they were more
likely to favor an increase in State-level funding for foreign
language education at their local college or university after
September 11, 2001.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
TITLE I--INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
SEC. 101. FINDINGS.
Section 601 (20 U.S.C. 1121) is amended--
(1) in subsection (a)(3), by striking ``post-Cold War'';
and
(2) in subsection (b)(1)(D), by inserting ``, including
through linkages with overseas institutions'' before the
semicolon.
SEC. 102. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND
PROGRAMS.
Section 602 (20 U.S.C. 1122) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (G), by striking
``and'' after the semicolon;
(ii) in subparagraph (H), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) support for instructors of the less commonly
taught languages.''; and
(B) in paragraph (4)--
(i) by redesignating subparagraphs (C)
through (E) as subparagraphs (D) through (F),
respectively;
(ii) by inserting after subparagraph (B)
the following:
``(C) Programs of linkage or outreach between or
among--
``(i) foreign language, area studies, or
other international fields; and
``(ii) State educational agencies or local
educational agencies.''; and
(iii) in subparagraph (F) (as redesignated
by clause (i)), by striking ``and (D)'' and
inserting ``(D), and (E)'';
(2) in subsection (b)--
(A) in the subsection heading, by inserting ``and
Undergraduate'' after ``Graduate''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Eligible student.--A student receiving a stipend
described in paragraph (1) shall be engaged--
``(A) in an instructional program with stated
performance goals for functional foreign language use
or in a program developing such performance goals, in
combination with area studies, international studies,
or the international aspects of a professional studies
program; and
``(B)(i) in the case of an undergraduate student,
in the intermediate or advanced study of a less
commonly taught language; or
``(ii) in the case of a graduate student, in
graduate study in connection with a program described
in subparagraph (A), including predissertation level
study, preparation for dissertation research,
dissertation research abroad, or dissertation
writing.''; and
(3) by striking subsection (d) and inserting the following:
``(d) Allowances.--
``(1) Graduate level recipients.--A stipend awarded to a
graduate level recipient may include allowances for dependents
and for travel for research and study in the United States and
abroad.
``(2) Undergraduate level recipients.--A stipend awarded to
an undergraduate level recipient may include an allowance for
educational programs in the United States or abroad that--
``(A) are closely linked to the overall goals of
the recipient's course of study; and
``(B) have the purpose of promoting foreign
language fluency and cultural knowledge.''.
SEC. 103. USE OF FUNDS IN UNDERGRADUATE INTERNATIONAL STUDIES AND
FOREIGN LANGUAGE PROGRAMS.
Section 604 (20 U.S.C. 1124) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (I)
through (M) as subparagraphs (J) through (N),
respectively; and
(ii) by inserting after subparagraph (H)
the following:
``(I) providing subgrants to undergraduate students
for educational programs abroad that--
``(i) are closely linked to the overall
goals of the program for which the grant is
awarded; and
``(ii) have the purpose of promoting
foreign language fluency and cultural
knowledge;''; and
(B) by adding at the end the following:
``(9) Limitation on undergraduate grants.--An institution
of higher education, a combination of such institutions, or a
partnership awarded a grant under this section shall use not
more than 10 percent of the grant funds for the use described
in paragraph (2)(I).''; and
(2) by striking subsection (c).
SEC. 104. AUTHORIZED ACTIVITIES.
Section 605(a) (20 U.S.C. 1125(a)) is amended--
(1) in paragraph (8), by striking ``and'' after the
semicolon;
(2) in paragraph (9), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(10) the systematic collection, analysis, and
dissemination of data that contribute to achieving the purposes
of this part.''.
SEC. 105. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN
INFORMATION ACCESS.
Section 606 (20 U.S.C. 1126) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Authority.--The Secretary is authorized to make grants to
eligible entities for the purpose of developing innovative techniques
or programs using electronic technologies to collect, organize,
preserve, and widely disseminate information from foreign sources on
world regions and countries other than the United States that address
our Nation's teaching and research needs in international education and
foreign languages.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``to facilitate
access to or'' and by inserting ``to acquire,
facilitate access to, or'';
(B) in paragraph (3), by inserting ``and
standards'' after ``means'';
(C) in paragraph (6), by striking ``and'';
(D) in paragraph (7), by striking the period and
inserting a semicolon; and
(E) by adding at the end the following:
``(8) to establish linkages, between the eligible entities
and libraries, organizations, and institutions of higher
education overseas, to facilitate carrying out the purpose
described in subsection (a); or
``(9) to carry out other activities that the Secretary
determines are consistent with the purpose of the grants under
this section.'';
(3) in subsection (c), by striking ``institution or
consortium'' and inserting ``eligible entity''; and
(4) by adding at the end the following:
``(e) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) an institution of higher education;
``(2) a public or nonprofit private library;
``(3) a consortium of such institutions or libraries; or
``(4) a partnership between--
``(A) such an institution or library; and
``(B) a nonprofit educational organization.''.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
Section 610 (20 U.S.C. 1128b) is amended by striking ``$80,000,000
for fiscal year 1999'' and inserting ``$120,000,000 for fiscal year
2006''.
TITLE II--BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Section 614 (20 U.S.C. 1130b) is amended--
(1) in subsection (a)--
(A) by striking ``$11,000,000'' and inserting
``$20,000,000''; and
(B) by striking ``1999'' and inserting ``2006'';
and
(2) in subsection (b)--
(A) by striking ``$7,000,000'' and inserting
``$10,000,000''; and
(B) by striking ``1999'' and inserting ``2006''.
TITLE III--INSTITUTE FOR INTERNATIONAL PUBLIC POLICY
SEC. 301. WAIVER OF MATCH REQUIREMENT FOR PROFESSIONAL DEVELOPMENT
PROGRAM.
Section 621(e) (20 U.S.C. 1131(e)) is amended--
(1) by striking ``Match Required.--The eligible'' and
inserting ``Matching Funds.--
``(1) In general.--Subject to paragraph (2), the
eligible''; and
(2) by adding at the end the following:
``(2) Waiver.--The Secretary may waive the requirement of
paragraph (1) for an eligible recipient if the Secretary
determines such waiver is appropriate.''.
SEC. 302. INSTITUTIONAL DEVELOPMENT.
Section 622(a) (20 U.S.C. 1131-1(a)) is amended by striking
``international affairs programs.'' and inserting ``international
affairs, international business, and foreign language study programs at
such colleges, universities, and institutions, respectively, through
increased collaboration with institutions of higher education that
receive funding under this title.''.
SEC. 303. ADVANCED DEGREE IN INTERNATIONAL RELATIONS.
Section 624 (20 U.S.C. 1131b) is amended--
(1) in the section heading, by striking ``masters'' and
inserting ``advanced'';
(2) in the first sentence, by inserting ``, and in
exceptional circumstances, a doctoral degree,'' after ``masters
degree''; and
(3) in the second sentence, by striking ``masters degree''
and inserting ``advanced degree''.
SEC. 304. FINANCIAL ASSISTANCE.
(a) Financial Assistance.--Part C of title VI (20 U.S.C. 1131 et
seq.) is amended--
(1) by redesignating sections 626, 627, and 628 as sections
627, 628, and 629, respectively; and
(2) by inserting after section 625 the following new
section:
``SEC. 626. FINANCIAL ASSISTANCE.
``(a) Authority.--The Institute may provide financial assistance,
in the form of summer stipends described in subsection (b) and Ralph
Bunche scholarship assistance described in subsection (c), to needy
students to facilitate the participation of the students in the
Institute programs under this part.
``(b) Summer Stipends.--
``(1) Requirements.--A student receiving a summer stipend
under this section shall use such stipend to defray the
student's cost of participation in a summer institute program
funded under this part, including the costs of travel, living,
and educational expenses necessary to the student's
participation in such program.
``(2) Amount.--A summer stipend awarded to a student under
this section shall be not more than $3,000 per summer.
``(c) Ralph Bunche Scholarship.--
``(1) Requirements.--A student receiving a Ralph Bunche
scholarship under this section--
``(A) shall be a full-time student at an
institution of higher education who is accepted into a
program funded under this part; and
``(B) shall use such scholarship to pay costs
related to the cost of attendance, as defined in
section 472, at the institution of higher education at
which the student is enrolled.
``(2) Amount and duration.--A Ralph Bunche scholarship
awarded to a student under this section shall not exceed $5,000
per academic year.''.
(b) Technical Amendment.--Section 628 (as redesignated by
subsection (a)(1)) is amended by striking ``section 626'' and inserting
``section 627''.
SEC. 305. BIENNIAL REPORT.
Part C of title VI (20 U.S.C. 1131 et seq.) is further amended--
(1) in section 627 (as redesignated by section 304(a)(1))--
(A) by striking ``annually''; and
(B) by inserting ``in 2006, and biennially
thereafter'' after ``a report''; and
(2) in section 628 (as redesignated by section 304(1)), by
striking ``annual''.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
Section 629 (as redesignated by section 304(a)(1)) (20 U.S.C.
1131f) is amended by striking ``1999'' and inserting ``2006''.
TITLE IV--GENERAL PROVISIONS
SEC. 401. EVALUATION, OUTREACH, AND INFORMATION DISSEMINATION.
Part D of title VI (20 U.S.C. 1132) is amended by adding at the end
the following:
``SEC. 632. EVALUATION, OUTREACH, AND INFORMATION DISSEMINATION.
``The Secretary may use not more than 1 percent of the funds made
available for this title to carry out program evaluation, national
outreach, and information dissemination activities relating to the
programs authorized under this title.''.
|
International and Foreign Language Studies Act of 2005 - Amends the Higher Education Act of 1965 (HEA) to extend the authorization of appropriations for international education programs under title VI: (1) part A, international and foreign language studies; (2) part B, business and international education; and (3) part C, Institute for International Public Policy (IIPP). Authorizes the Secretary of Education to use up to 1% of title VI funds for program evaluation, outreach, and information dissemination.
Revises VI-A to: (1) include support for instructors of less commonly taught languages among activities of national language and area centers and programs; (2) make undergraduate students eligible for fellowships for foreign language and area or international studies (in addition to graduate students under current law); (3) allow a portion of funds for undergraduate international studies and foreign language programs to be used for subgrants to undergraduate students for educational programs abroad that promote foreign language literacy and cultural knowledge, and are closely linked to grant program goals; (4) authorize the Secretary of Education to support data collection, analysis, and dissemination that helps achieve VI-A purposes; and (5) add to authorized uses of funds for technological innovation and cooperation for foreign information access.
Revises VI-C to authorize the IIPP to provide summer stipends and Ralph Bunche scholarships for needy students to participate in IIPP programs. Authorizes: (1) waiver of an eligible recipient's match requirement for a professional development program; (2) broader institutional development; (3) advanced degrees in international relations; and (4) biennial reports.
|
{"src": "billsum_train", "title": "A bill to amend title VI of the Higher Education Act of 1965 regarding international and foreign language studies."}
| 3,587 | 323 | 0.432242 | 1.595015 | 0.756141 | 2.324841 | 10.035032 | 0.904459 |
SECTION 1. FINDINGS.
Congress finds that--
(1) the city of Sisters, Oregon, faces a public health threat
from a major outbreak of infectious diseases due to the lack of a
sewer system;
(2) the lack of a sewer system also threatens groundwater and
surface water resources in the area;
(3) the city is surrounded by Forest Service land and has no
reasonable access to non-Federal parcels of land large enough, and
with the proper soil conditions, for the development of a sewage
treatment facility;
(4) the Forest Service currently must operate, maintain, and
replace 11 separate septic systems to serve existing Forest Service
facilities in the city of Sisters; and
(5) the Forest Service currently administers 77 acres of land
within the city limits that would increase in value as a result of
construction of a sewer system.
SEC. 2. CONVEYANCE.
(a) In General.--As soon as practicable and upon completion of any
documents or analysis required by any environmental law, but not later
than 180 days after the date of enactment of this Act, the Secretary of
Agriculture shall convey to the city of Sisters, Oregon (hereinafter
referred to as the ``city'') an amount of land that is not more than is
reasonably necessary for a sewage treatment facility and for the
disposal of treated effluent consistent with subsection (c).
(b) Land Description.--The amount of land conveyed under subsection
(a) shall be 160 acres or 240 acres from within--
(1) the SE quarter of section 09, township 15 south, range 10
west, W.M., Deschutes, Oregon, and the portion of the SW quarter of
section 09, township 15 south, range 10 west, W.M., Deschutes,
Oregon, that lies east of Three Creeks Lake Road, but not including
the westernmost 500 feet of that portion; and
(2) the portion of the SW quarter of section 09, township 15
south, range 10 west, W.M., Deschutes County, Oregon, lying
easterly of Three Creeks Lake Road.
(c) Condition.--
(1) In general.--The conveyance under subsection (a) shall be
made on the condition that the city--
(A) shall conduct a public process before the final
determination is made regarding land use for the disposition of
treated effluent;
(B) except as provided by paragraph (2), shall be
responsible for system development charges, mainline
construction costs, and equivalent dwelling unit monthly
service fees as set forth in the agreement between the city and
the Forest Service in the letter of understanding dated October
14, 1999; and
(C) shall pay the cost of preparation of any documents
required by any environmental law in connection with the
conveyance.
(2) Adjustment in fees.--
(A) Value higher than estimated.--If the land to be
conveyed pursuant to subsection (a) is appraised for a value
that is 10 percent or more higher than the value estimated for
such land in the agreement between the city and the Forest
Service in the letter of understanding dated October 14, 1999,
the city shall be responsible for additional charges, costs,
fees, or other compensation so that the total amount of
charges, costs, and fees for which the city is responsible
under paragraph (1)(B) plus the value of the amount of charges,
costs, fees, or other compensation due under this subparagraph
is equal to such appraised value. The Secretary and the city
shall agree upon the form of additional charges, costs, fees,
or other compensation due under this subparagraph.
(B) Value lower than estimated.--If the land to be conveyed
pursuant to subsection (a) is appraised for a value that is 10
percent or more lower than the value estimated for such land in
the agreement between the city and the Forest Service in the
letter of understanding dated October 14, 1999, the amount of
equivalent dwelling unit monthly service fees for which the
city shall be responsible under paragraph (1)(B) shall be
reduced so that the total amount of charges, costs, and fees
for which the city is responsible under that paragraph is equal
to such appraised value.
(d) Use of Land.--
(1) In general.--The land conveyed under subsection (a) shall
be used by the city for a sewage treatment facility and for the
disposal of treated effluent.
(2) Optional reverter.--If at any time the land conveyed under
subsection (a) ceases to be used for a purpose described in
paragraph (1), at the option of the United States, title to the
land shall revert to the United States.
(e) Authority to Acquire Land in Substitution.--Subject to the
availability of appropriations, the Secretary shall acquire land within
Oregon, and within or in the vicinity of the Deschutes National Forest,
of an acreage equivalent to that of the land conveyed under subsection
(a). Any lands acquired shall be added to and administered as part of
the Deschutes National Forest.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Directs the Secretary to acquire land within Oregon, and within or in the vicinity of the Deschutes National Forest, of an acreage equivalent to that of the land to be conveyed under this Act, to be added to and administered as part of such National Forest.
|
{"src": "billsum_train", "title": "A bill to direct the Secretary of Agriculture to convey the city of Sisters, Oregon, a certain parcel of land for use in connection with a sewage treatment facility."}
| 1,106 | 58 | 0.448137 | 1.204176 | 0.159324 | 7.42 | 20.92 | 0.98 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran's I.D. Card Act''.
SEC. 2. VETERANS IDENTIFICATION CARD.
(a) Findings.--Congress finds the following:
(1) Currently, veteran identification cards are issued to
veterans who have either completed the statutory time-in-
service requirement for retirement from the Armed Forces or who
have received a medical-related discharge from the Armed
Forces.
(2) A veteran who has served a minimum obligated time in
service, but who does not meet the criteria described in
paragraph (1), does not receive a means of identifying the
veteran's status as a veteran other than using the official DD-
214 discharge papers of the veteran.
(3) Goods, services, and promotional activities are often
offered by public and private institutions to veterans who
demonstrate proof of service in the military but it is
impractical for a veteran to always carry official DD-214
discharge papers to demonstrate such proof.
(4) A general purpose veteran identification card made
available to a veteran who does not meet the criteria described
in paragraph (1) would be useful to such veteran in order to
demonstrate the status of the veteran without having to carry
and use official DD-214 discharge papers.
(5) The Department of Veterans Affairs has the
infrastructure in place across the United States to produce
photographic identification cards and accept a small payment to
cover the cost of these cards.
(b) Provision of Veteran Identification Cards.--Chapter 57 of title
38, United States Code, is amended by adding after section 5705 the
following new section:
``Sec. 5706. Veterans identification card
``(a) In General.--The Secretary of Veterans Affairs shall issue an
identification card described in subsection (b) to any covered veteran
who--
``(1) requests such card;
``(2) was discharged from the Armed Forces under honorable
conditions;
``(3) presents a copy of the DD-214 form or other official
document from the official military personnel file of the
veteran that describes the service of the veteran; and
``(4) pays the fee under subsection (c)(1).
``(b) Identification Card.--An identification card described in
this subsection is a card that--
``(1) displays a photograph of the covered veteran;
``(2) displays the name of the covered veteran;
``(3) explains that such card is not proof of any benefits
to which the veteran is entitled to;
``(4) contains an identification number that is not a
social security number; and
``(5) serves as proof that such veteran--
``(A) honorably served in the Armed Forces; and
``(B) has a DD-214 form or other official document
in the official military personnel file of the veteran
that describes the service of the veteran.
``(c) Costs of Card.--(1) The Secretary shall charge a fee to each
veteran who receives an identification card issued under this section,
including a replacement identification card.
``(2)(A) The fee charged under paragraph (1) shall equal an amount
that the Secretary determines is necessary to issue an identification
card under this section.
``(B) In determining the amount of the fee under subparagraph (A),
the Secretary shall ensure that the total amount of fees collected
under paragraph (1) equals an amount necessary to carry out this
section, including costs related to any additional equipment or
personnel required to carry out this section.
``(C) The Secretary shall review and reassess the determination
under subparagraph (A) during each five-year period in which the
Secretary issues an identification card under this section.
``(3) Amounts collected under this subsection shall be deposited in
an account of the Department available to carry out this section.
Amounts so deposited shall be merged with amounts in such account and
shall be subject to the same conditions and limitations as amounts
otherwise in such account.
``(d) Effect of Card on Benefits.--(1) An identification card
issued under this section shall not serve as proof of any benefits that
the veteran may be entitled to under this title.
``(2) A covered veteran who is issued an identification card under
this section shall not be entitled to any benefits under this title by
reason of possessing such card.
``(e) Administrative Measures.--(1) The Secretary shall ensure that
any information collected or used with respect to an identification
card issued under this section is appropriately secured.
``(2) The Secretary may determine any appropriate procedures with
respect to issuing a replacement identification card.
``(3) In carrying out this section, the Secretary shall coordinate
with the National Personnel Records Center.
``(4) The Secretary may conduct such outreach to advertise the
identification card under this section as the Secretary considers
appropriate.
``(f) Construction.--This section shall not be construed to affect
identification cards otherwise provided by the Secretary to veterans
enrolled in the health care system established under section 1705(a) of
this title.
``(g) Covered Veteran Defined.--In this section, the term `covered
veteran' means a veteran who--
``(1) is not entitled to retired pay under chapter 1223 of
title 10; and
``(2) is not enrolled in the system of patient enrollment
under section 1705 of this title.''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
5705 the following new item:
``5706. Veterans identification card.''.
(d) Effective Date.--The amendments made by this Act shall take
effect on the date that is 60 days after the date of the enactment of
this Act.
|
Veteran's I.D. Card Act - Directs the Secretary of Veterans Affairs (VA) to issue a veteran's identification card to any veteran who requests such card and is neither entitled to military retired pay nor enrolled in the VA system of patient enrollment. Requires such card, among other things, to: (1) display their name and photograph, and (2) serve as proof that the veteran honorably served in the Armed Forces and has a DD-214 form or other official document in their personnel file that describes their military service. Directs the Secretary to charge a card fee. States that such card shall not serve as proof of entitlement to any benefits.
|
{"src": "billsum_train", "title": "Veteran's I.D. Card Act"}
| 1,245 | 143 | 0.644787 | 1.75536 | 0.619688 | 2.728 | 9.672 | 0.888 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antitrust Technical Corrections Act
of 2001''.
SEC. 2. AMENDMENTS.
(a) Act of March 3, 1913.--The Act of March 3, 1913 (chapter 114,
37 Stat. 731; 15 U.S.C. 30) is repealed.
(b) Panama Canal Act.--Section 11 of the Panama Canal Act (37 Stat.
566; 15 U.S.C. 31) is amended by striking the undesignated paragraph
that begins ``No vessel permitted''.
(c) Sherman Act.--Section 3 of the Sherman Act (15 U.S.C. 3) is
amended--
(1) by inserting ``(a)'' after ``Sec. 3.''; and
(2) by adding at the end the following:
``(b) Every person who shall monopolize, or attempt to monopolize,
or combine or conspire with any other person or persons, to monopolize
any part of the trade or commerce in any Territory of the United States
or of the District of Columbia, or between any such Territory and
another, or between any such Territory or Territories and any State or
States or the District of Columbia, or with foreign nations, or between
the District of Columbia, and any State or States or foreign nations,
shall be deemed guilty of a felony, and, on conviction thereof, shall
be punished by fine not exceeding $10,000,000 if a corporation, or, if
any other person, $350,000, or by imprisonment not exceeding three
years, or by both said punishments, in the discretion of the court.''.
(d) Wilson Tariff Act.--
(1) Technical amendment.--The Wilson Tariff Act (28 Stat.
509; 15 U.S.C. 8 et seq.) is amended--
(A) by striking section 77; and
(B) in section 78--
(i) by striking ``76, and 77'' and
inserting ``and 76''; and
(ii) by redesignating such section as
section 77.
(2) Conforming amendments to other laws.--
(A) Clayton act.--Subsection (a) of the 1st section
of the Clayton Act (15 U.S.C. 12(a)) is amended by
striking ``seventy-seven'' and inserting ``seventy-
six''.
(B) Federal trade commission act.--Section 4 of the
Federal Trade Commission Act (15 U.S.C. 44) is amended
by striking ``77'' and inserting ``76''.
(C) Packers and stockyards act, 1921.--Section
405(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 225(a)) is amended by striking ``77'' and
inserting ``76''.
(D) Atomic energy act of 1954.--Section 105 of the
Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended
by striking ``seventy-seven'' and inserting ``seventy-
six''.
(E) Deep seabed hard mineral resources act.--
Section 103(d)(7) of the Deep Seabed Hard Mineral
Resources Act (30 U.S.C. 1413(d)(7)) is amended by
striking ``77'' and inserting ``76''.
(e) Clayton Act.--The first section 27 of the Clayton Act (15
U.S.C. 27) is redesignated as section 28 and is transferred so as to
appear at the end of such Act.
(f) Year 2000 Information and Readiness Disclosure Act.--Section
5(a)(2) of the Year 2000 Information and Readiness Disclosure Act
(Public Law 105-271) is amended by inserting a period after
``failure''.
(g) Atomic Energy Act of 1954.--Section 105 of the Atomic Energy
Act of 1954 (42 U.S.C. 2135) is amended--
(1) in subsection (a), by striking the first sentence and
inserting the following:
``Nothing in this Act shall be construed to modify or supersede the
antitrust laws (as defined in subsection (a) of the first section of
the Clayton Act (15 U.S.C. 12(a)) and referred to in this section as
`antitrust laws'), or the application of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45), to the extent that section 5 applies to
unfair methods of competition.'';
(2) in subsection (a), by striking ``the laws cited above''
and inserting ``the antitrust laws'';
(3) in subsection (b), by striking ``the foregoing Acts''
and inserting ``the antitrust laws''; and
(4) in subsection (c)--
(A) in paragraphs (5) and (7), by striking ``the
antitrust laws as specified in subsection 105 a'' and
inserting ``the antitrust laws''; and
(B) by adding at the end the following:
``(9) This subsection shall not apply to an application for
a license to construct or operate a utilization facility under
section 103 or 104(b) if the application is pending on or filed
after the date of enactment of this subsection. This paragraph
shall not affect the authority of the Commission to enforce
antitrust conditions included in licenses issued under section
103 or 104(b) before the date of enactment of this
paragraph.''.
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application to Cases.--(1) Section 2(a) shall apply to cases
pending on or after the date of the enactment of this Act.
(2) The amendments made by subsections (b), (c), and (d) of section
2 shall apply only with respect to cases commenced on or after the date
of the enactment of this Act.
|
Antitrust Technical Corrections Act of 2001 - (Sec. 2) Repeals: (1) the Act of March 3, 1913, requiring proceedings for the taking of depositions for use in suits in equity brought by the United States under the Sherman Act to be open to the public; and (2) provisions of the Panama Canal Act which bar use of the Panama Canal to violators of antitrust laws.Amends the Sherman Act to apply the prohibitions against monopolizing trade or commerce among the States or with foreign nations to monopolizing trade or foreign commerce in or among any U.S. Territories and the District of Columbia.Amends the Wilson Tariff Act to repeal provisions that authorized any person injured in his business or property by reason of anything prohibited by such Act to sue therefor in U.S. circuit court and to recover treble damages and the costs of suit.Amends the Atomic Energy Act of 1954 to exempt an application for a license to construct or operate a utilization facility (equipment or a device capable of making use of special nuclear material) that is pending on or filed after the enactment date of this Act from the requirement that the Nuclear Regulatory Commission transmit atomic energy license applications to the Attorney General.(Sec. 3) Makes this Act effective on the date of this Act's enactment, with exceptions relating to: (1) the Panama Canal Act (applicable to cases pending on or after this Act's enactment); and (2) the Panama Canal Act, the Sherman Act, and the Wilson Tariff Act (applicable only to cases commenced on or after this Act's enactment).
|
{"src": "billsum_train", "title": "To make technical corrections to various antitrust laws and to references to such laws."}
| 1,428 | 366 | 0.559588 | 1.880362 | 0.705711 | 2.147157 | 3.9699 | 0.769231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paso al Norte National Museum of
Immigration History Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) more than 20,000,000 people currently living in the
United States trace their roots to Mexico, and Mexican-
Americans represent one of the fastest growing population
groups in this country;
(2) people of Hispanic descent have made significant
contributions in all areas of American life;
(3) Hispanic-Americans, their ancestors, and other cultural
groups on both sides of the border have a rich history that
must be preserved and told for the benefit of current and
future generations of Americans;
(4) the histories of the many individuals and families, who
came from many different backgrounds and who faced hardship and
adversity as they migrated in search of better lives for
themselves and their descendants, need to be better documented
and incorporated into the larger history of the United States;
(5) the histories of these courageous people reflect the
strong relationship between the people of the United States and
the people of Mexico;
(6) there is no museum dedicated to the history of
migration at the United States southern border;
(7) historically, El Paso, Texas, has been the largest port
of entry for people immigrating to the United States from
Mexico;
(8) El Camino Real de Tierra Adentro (the Royal Road of the
Interior) passes through El Paso and served as the primary
route between the colonial Spanish capital of Mexico City and
the Spanish Provincial capitals San Juan de los Caballeros, San
Gabriel, and Santa Fe, all part of the present day United
States;
(9) El Paso and its sister city, Ciudad Juarez, Mexico,
together form the largest international border city;
(10) the University of Texas at El Paso, a majority of
whose students are Mexican-American, is coordinating a national
effort to create in El Paso a national museum dedicated to
preserving the history of people who, for many centuries, have
moved between Mexico and territories that are now part of the
United States; and
(11) the City of El Paso has made the establishment of the
Paso al Norte National Museum of Immigration History a priority
in an effort to draw large numbers of visitors as part of its
plan for revitalization and development.
SEC. 3. PASO AL NORTE NATIONAL MUSEUM OF IMMIGRATION HISTORY.
(a) Establishment.--If land is made available to or by the
University of Texas at El Paso as described in subsection (b), the
Secretary of the Interior shall make a grant under section 4 for the
establishment of the Paso al Norte National Museum of Immigration
History (referred to in this Act as ``the museum''), a museum and
research center for the interpretation and commemoration of migration
at the United States southern border.
(b) Land.--The land referred to in subsection (a) is land within
the boundary of the city of El Paso, Texas, either made available by
the University of Texas at El Paso, or, if the university agrees to the
location, by the city of El Paso or by any other entity.
SEC. 4. ESTABLISHMENT GRANT.
(a) Grant.--The Secretary of the Interior shall, within 90 days
after receiving a proposal meeting the requirements of subsection (b),
award a grant to the University of Texas at El Paso for the
establishment of the museum, including planning, design, construction,
furnishing, and startup expenses.
(b) Grant Proposal.--In order to receive a grant under this section
the University of Texas at El Paso, in agreement with the city of El
Paso, shall, not later than 1 year after the date of the enactment of
this Act, transmit to the Secretary of the Interior a proposal that
includes--
(1) a designation of land made available for the museum as
described in section 3(b);
(2) plans detailing the location and function of each
museum facility;
(3) plans for design and construction that will meet all
applicable Federal, State, and local building codes and laws,
and that are in accordance with professional museum standards;
(4) a timetable for completion of construction and opening
of the museum before October 1, 2007;
(5) detailed plans concerning the operation and maintenance
of the museum;
(6) a description of proposed museum collections and
educational programming; and
(7) a plan for the design of exhibits, including
collections to be exhibited, preservation, protection,
environmental controls, security, and presentations in
accordance with professional museum standards.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of the
Interior $15,000,000 for fiscal year 2004, and such sums as may be
necessary for each of fiscal years 2005 through 2008, to carry out this
Act. All sums authorized to be appropriated shall remain available for
expenditure through fiscal year 2008.
|
Paso al Norte National Museum of Immigration History Act - Requires the Secretary of the Interior, if land is made available to or by the University of Texas at El Paso under specified conditions, to make a grant for the establishment of the Paso al Norte National Museum of Immigration History (a museum and research center for the interpretation and commemoration of migration at the U.S. southern border).Directs the Secretary, after receiving a grant proposal from the University in agreement with the City of El Paso that meets certain requirements, to award a grant to the University for the establishment of the museum, including planning, design, construction, furnishing, and startup expenses.
|
{"src": "billsum_train", "title": "To authorize a national museum, including a research center and related visitor facilities, in the city of El Paso, Texas, to commemorate migration at the United States southern border."}
| 1,073 | 148 | 0.508773 | 1.554521 | 0.558307 | 5.811475 | 8.442623 | 0.942623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safely Advancing Valuable and
Inexpensive New Generic Solutions Act'' or the ``SAVINGS Act''.
SEC. 2. FAST TRACK REVIEW FOR CERTAIN GENERIC DRUGS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) is amended by adding at the end the following:
``(11)(A) Notwithstanding any other provision of law, the
Secretary shall prioritize the review of a qualifying
application under this subsection and shall, within 150 days of
the initial receipt of such qualifying application, take final
agency action on the application.
``(B) For purposes of this paragraph, the term `qualifying
application' means an application--
``(i) that does not contain a certification under
subclause (IV) of paragraph (2)(A)(vii);
``(ii) that may contain a certification under
subclause (III) of paragraph (2)(A)(vii) only if such
certification asserts that an existing patent will
expire not more than 5 months after the date of such
certification;
``(iii) for a drug where the reference drug is a
drug for which there is no exclusivity period in
effect, including an exclusivity period under paragraph
(5)(F), or under section 505A, section 527, or section
505E; and
``(iv) for a drug where the reference drug has not
been the reference drug for more than one other drug
that--
``(I) is approved under this subsection;
and
``(II) has been introduced into interstate
commerce in the 3-month period preceding the
date of the qualifying application.
``(C) Notwithstanding any other provision of this paragraph
and regardless of the date of submission, a qualifying
application shall lose status as an application for priority
review, and the Secretary's timeline for taking action on such
an application described in subparagraph (A) shall no longer
apply, if the application no longer meets the definition of a
qualifying application.''.
SEC. 3. TRANSPARENCY.
(a) In General.--Not later than 6 months after enactment and every
6 months thereafter, the Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall submit a report to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives containing the information described in subsection (c).
(b) Definition.--In this section the term ``generic fast track
review'' means review under paragraph (11) of section 505(j) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), as added by
section 2 of this Act.
(c) Contents of Report.--The report described in subsection (a)
shall include the following information:
(1) The number of applications in the most recent 6-month
period that are subject to generic fast track review, and which
of those applications--
(A) are for a drug where the reference drug has not
been the reference drug for any other application that
is approved under subsection (j) of section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355);
(B) are for a drug where the reference drug has
been the reference drug for not more than one other
application that is approved under subsection (j) of
such section; and
(C) are for a drug that is on the drug shortage
list established under section 506E of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356e).
(2) The average and median time before an applicant
receives an approval decision for an application subject to
generic fast track review.
(3) The number of applications subject to generic fast
track review that were approved.
(4) At the time such report is submitted, the number of
applications subject to fast track review--
(A) that have been withdrawn by the applicant;
(B) that have been granted tentative approval;
(C) with respect to which the Food and Drug
Administration has requested additional information
from the sponsor of the application;
(D) that are awaiting review by the Food and Drug
Administration after additional information has been
supplied, as described in subparagraph (C); and
(E) with respect to which the Food and Drug
Administration has recorded reception of the
application but has yet to contact the sponsor
regarding the status of the application.
(5) A prediction of how long the Food and Drug
Administration will take to respond to such applications that
are awaiting review with either an approval or a rejection, and
how many of such applications are expected to be withdrawn by
the applicant.
(6) The average review time for such applications that are
receiving generic fast track review versus the standard review
period.
(7) The information described in paragraphs (1) through (6)
with respect to applications for drugs under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) that are
subject to another form of priority review or fast-track
review.
(8) An annual accounting of how the Food and Drug
Administration has spent the fees it has received under part 7
of subchapter C of chapter VII of such Act (21 U.S.C. 379f et
seq.) to include the proportion of such fees that such
Administration has spent on personnel costs.
|
Safely Advancing Valuable and Inexpensive New Generic Solutions Act or the SAVINGS Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to prioritize the review of certain generic drug applications and act on them within 150 days. This generic fast track review applies to applications for drugs: (1) that are not under patent or for which patents will expire soon, (2) for which there is no marketing exclusivity in effect, and (3) for which a generic has not recently been introduced to the market by more than one manufacturer. The FDA must report on applications subject to generic fast track review and provide an annual accounting of how it has spent generic drug user fees.
|
{"src": "billsum_train", "title": "SAVINGS Act"}
| 1,197 | 155 | 0.507045 | 1.519123 | 0.740626 | 2.77305 | 8.056738 | 0.886525 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fannie Mae and Freddie Mac
Accountability and Transparency for Taxpayers Act of 2011''.
SEC. 2. QUARTERLY REPORTS DURING CONSERVATORSHIP.
(a) Reporting Requirement.--For each reporting period, the
Inspector General of the Federal Housing Finance Agency shall submit to
the Congress a report for each enterprise that summarizes the
activities of the Inspector General with respect to such enterprise,
and the activities and condition of such enterprise, during such
reporting period.
(b) Contents.--Each report required under this section for an
enterprise for a reporting period shall include the following
information:
(1) A description, including dollar amount, of total
liabilities of the enterprise as of the reporting date, with a
detailed breakdown of the potential level of risk to the
Federal Government inherent in the dollar amount of each
separate type of liability and a quantification as to how the
risk to the Federal Government has changed from the previous
reporting period, distinguishing between changes attributable
to volume and changes attributable to changes in risk levels.
(2) An explanation of, including rationale for, all
compensation and bonuses paid to any executive officer (as such
term is defined in section 1303 of the Housing and Community
Development Act of 1992 (12 U.S.C. 4502)) of the enterprise,
and any retention decisions made, by the enterprise during such
period regarding its executive officers.
(3) A description of foreclosure mitigation activities of
the enterprise during such period, including any related data,
a list of law firms and attorneys approved or retained by the
enterprise for handling foreclosure and bankruptcy matters
relating to mortgages held or securitized by the enterprise,
and the eligibility criteria used for such approval or
retention and reasons for limiting such list, and the number of
mortgage loans held by the enterprise that were refinanced in
2008, 2009, and 2010 through foreclosure mitigation activities
of the enterprise that have, during such period, entered into
default.
(4) A description of any mortgage fraud prevention
activities undertaken by the enterprise during such period and
data describing the extent of mortgage fraud during such
period, including descriptions of the efforts of the enterprise
to prevent or detect mortgage fraud, of the pervasiveness of
mortgage fraud, and of the most prevalent types of mortgage
fraud detected.
(5) A listing with description of any formal or informal
communication between Governors and staff of the Board of
Governors of the Federal Reserve System and executives in the
enterprise and any formal or informal communication between
officials and staff of the Department of the Treasury and the
Governors and staff of the Board of Governors of the Federal
Reserve System and executives in the enterprise regarding the
purchase or sale of any enterprise-related securities.
(6) A description of any investments, holdings, and
activities of the enterprise during such period that are not
consistent with the mission of the enterprise as provided under
Federal law.
(7) A description of the reasons for any equity investments
in the enterprise by the Department of the Treasury during such
period and any increase during such period in the authorized
amount of equity investments by such Department.
(8) An analysis of the capital levels and portfolio size of
the enterprise during such period and their impacts on the
safety and soundness of the enterprise.
(9) A description and analysis of the underwriting
standards of the enterprise applicable during such period,
including the criteria for safety and soundness of mortgage
loans for single-family, multi-family, and condominium
residential homes securitized by the enterprise and the ability
of such criteria to ensure such safety and soundness.
(10) An analysis of actions taken by the enterprise that
had a beneficial or harmful effect on holders of enterprise-
related securities, in particular, preferred stock issued prior
to September 6, 2008.
(11) Any other information that the Inspector General
considers relevant or important with respect to the enterprise,
and the activities and condition of the enterprise.
(c) Reporting Periods; Timing of Reports.--
(1) Initial period.--The first reporting period for each
enterprise shall be the period that began upon the commencement
of the conservatorship period for the enterprise and that ends
upon the date of the enactment of this Act. The reports
required under this section for such period shall be submitted
not later than the expiration of the 60-day period beginning on
the date of the enactment of this Act.
(2) Quarterly periods.--After the first reporting period,
the reporting periods for each enterprise shall be each
calendar quarter that concludes after the date of the enactment
of this Act. Each report for each such reporting period shall
be submitted not later than the expiration of the 60-day period
beginning upon the conclusion of such reporting period.
(3) Receivership.--Notwithstanding paragraph (2), if at any
time a receiver is appointed for an enterprise pursuant to
section 1367 of the Housing and Community Development Act of
1992 (12 U.S.C. 4617), the reporting periods for the enterprise
during such receivership shall be each calendar month (or such
shorter period as the Inspector General considers appropriate).
Each report for each such reporting period shall be submitted
not later than the expiration of the 30-day period beginning
upon the conclusion of such reporting period.
(4) Nationalization.--Notwithstanding paragraph (2), if at
any time the Federal Government or any agency or entity of the
Federal Government obtains control of an enterprise under law
or through ownership of voting stock of the enterprise, or the
Inspector General determines that the enterprise has otherwise
been nationalized, the reporting periods for the enterprise
after such nationalization occurs shall be the consecutive 6-
month periods (the first such period beginning upon such
nationalization (or such shorter period as the Inspector
General considers appropriate). Each report for each such
reporting period shall be submitted not later than the
expiration of the 60-day period beginning upon the conclusion
of such reporting period.
(d) Public Availability.--The Inspector General shall--
(1) make information regarding the activities of the
Inspector General, including each report submitted to the
Congress pursuant to this section, available to the public,
including through a World Wide Web site of the Federal Housing
Finance Agency; and
(2) establish an electronic mail address and a toll-free
telephone number, and shall publicize the availability of such
address and number, by which the public may report waste,
fraud, or abuse by an enterprise.
(e) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Conservatorship period.--The term ``conservatorship
period'' means, with respect to an enterprise, the period
that--
(A) began upon appointment of the Federal Housing
Finance Agency as conservator for the enterprise on
September 6, 2008, pursuant to section 1367 of the
Housing and Community Development Act of 1992 (12
U.S.C. 4617); and
(B) ends upon the termination of such
conservatorship of the enterprise.
(2) Inspector general.--The term ``Inspector General''
means the Inspector General of the Federal Housing Finance
Agency, appointed pursuant to section 1317(d) of the Housing
and Community Development Act of 1992 (12 U.S.C. 4517).
(3) Enterprise.--The term ``enterprise'' means the Federal
National Mortgage Association and the Federal Home Loan
Mortgage Corporation.
(4) Reporting period.--The term ``reporting period'' means
a period described in paragraph (1), (2), (3), or (4) of
subsection (c).
SEC. 3. INSPECTOR GENERAL OF THE FEDERAL HOUSING FINANCE AGENCY.
Section 1317 of the Housing and Community Development Act of 1992
(12 U.S.C. 4517) is amended by striking subsection (d) and inserting
the following new subsection:
``(d) Inspector General.--
``(1) Appointment.--There shall be within the Agency an
Inspector General, who shall be appointed in accordance with
section 3(a) of the Inspector General Act of 1978.
``(2) Direct hire authority.--
``(A) Appointment authority.--Subject to
subparagraph (B), the Inspector General of the Agency
may appoint candidates to any position in Office of the
Inspector General of the Agency--
``(i) in accordance with the statutes,
rules, and regulations governing appointments
in the excepted service; and
``(ii) notwithstanding any statutes, rules,
and regulations governing appointments in the
competitive service.
``(B) Applicability.--Subparagraph (A) shall apply
with respect to any position within the Office of the
Inspector General of the Agency, and the authority
under such subparagraph shall be effective only during
the 12-month period beginning upon the enactment of the
Fannie Mae and Freddie Mac Accountability and
Transparency for Taxpayers Act of 2011.
``(C) Dual compensation waiver authority.--
``(i) Waiver authority.--Subject to
subparagraph (B) and notwithstanding section
8468 of title 5, United States Code, or any
other statute, rule, or regulation prescribing
the termination of retirement annuities or the
offset of such annuities for annuitants who are
re-employed by the Federal Government, if an
annuitant receiving an annuity from the Civil
Service Retirement and Disability Fund becomes
employed in a position within the Office of the
Inspector General of the Agency, the annuity of
such annuitant shall continue without
termination or offset. An annuitant so
reemployed shall not be considered an employee
for purposes of chapter 83 or 84 of title 5,
United States Code.
``(ii) Applicability.--Subparagraph (A)
shall apply with respect to any position within
the Office of the Inspector General of the
Agency, and the authority under such
subparagraph shall be effective only during the
36-month period beginning upon the enactment of
the Fannie Mae and Freddie Mac Accountability
and Transparency for Taxpayers Act of 2011.
``(3) Law enforcement authority.--The Office of the
Inspector General of the Agency shall be treated as an office
included under section 6(e)(3) of the Inspector General Act of
1978 (5 U.S.C. App.), relating to the exemption from the
initial determination of eligibility by the Attorney
General.''.
|
Fannie Mae and Freddie Mac Accountability and Transparency for Taxpayers Act of 2011 - Directs the Inspector General (IG) of the Federal Housing Finance Agency to submit quarterly reports to Congress on the IG's activities with respect to the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) and their activities and condition while they are in conservatorship status.
Amends the Housing and Community Development Act of 1992 to give the Federal Housing Finance Agency IG: (1) direct hire authority; and (2) law enforcement authority exempt from the condition that the Attorney General make an initial determination of the IG's eligibility to exercise such authority.
|
{"src": "billsum_train", "title": "To require the Inspector General of the Federal Housing Finance Agency to submit quarterly reports to the Congress during the conservatorship of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation."}
| 2,206 | 146 | 0.409754 | 1.298363 | 0.656175 | 2.859375 | 16.335938 | 0.890625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Insurance Coverage of
Childhood Immunization Act of 2003''.
SEC. 2. COMPREHENSIVE COVERAGE FOR CHILDHOOD IMMUNIZATION BY GROUP
HEALTH PLANS AND HEALTH INSURANCE ISSUERS.
(a) Group Health Plans.--
(1) Public health service act amendments.--Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, shall provide for each
plan year comprehensive coverage for routine immunizations for each
individual who is a dependent of a participant or beneficiary under the
plan and is under 19 years of age.
``(b) Comprehensive Coverage.--For purposes of this section,
comprehensive coverage for routine immunizations for a plan year
consists of coverage, without deductibles, coinsurance, or other cost-
sharing, for immunizations (including the vaccine itself) in accordance
with the most recent version of the Recommended Childhood Immunization
Schedule issued prior to such plan year by the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention.''.
(2) ERISA amendments.--
(A) In general.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974 is amended by adding at the end the
following new section:
``SEC. 714. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, shall provide for each
plan year comprehensive coverage for routine immunizations for each
individual who is a dependent of a participant or beneficiary under the
plan and is under 19 years of age.
``(b) Comprehensive Coverage.--For purposes of this section,
comprehensive coverage for routine immunizations for a plan year
consists of coverage, without deductibles, coinsurance, or other cost-
sharing, for immunizations (including the vaccine itself) in accordance
with the most recent version of the Recommended Childhood Immunization
Schedule issued prior to such plan year by the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention.''.
(B) Clerical amendment.--The table of contents in
section 1 of such Act is amended by inserting after the
item relating to section 713 the following new item:
``Sec. 714. Standard relating to coverage of childhood immunization.''.
(b) Individual Health Insurance.--Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.
``The provisions of section 2707 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
SEC. 3. COORDINATION OF ADMINISTRATION.
The Secretary of Health and Human Services and the Secretary of
Labor shall ensure, through the execution of an interagency memorandum
of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which both
such Secretaries have responsibility under the provisions of
this Act (and the amendments made thereby) are administered so
as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement.
SEC. 4. EFFECTIVE DATES.
(a) Group Health Plans and Group Health Insurance Coverage.--
Subject to subsection (c), the amendments made by section 2(a) apply
with respect to group health plans for plan years beginning on or after
January 1, 2004.
(b) Individual Health Insurance Coverage.--The amendment made by
section 2(b) applies with respect to health insurance coverage offered,
sold, issued, renewed, in effect, or operated in the individual market
on or after such date.
(c) Collective Bargaining Exception.--In the case of a group health
plan maintained pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more employers ratified
before the date of enactment of this Act, the amendments made by
section 2(a) shall not apply to plan years beginning before the later
of--
(1) the earliest date as of which all such collective
bargaining agreements relating to the plan have terminated
(determined without regard to any extension thereof agreed to
after the date of enactment of this Act), or
(2) January 1, 2004.
For purposes of paragraph (1), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by section 2(a) shall
not be treated as a termination of such collective bargaining
agreement.
|
Comprehensive Insurance Coverage of Childhood Immunization Act of 2003 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require comprehensive health insurance coverage for childhood immunization to be provided by health plans and insurance issuers in both group and individual markets.
|
{"src": "billsum_train", "title": "To amend title XXVII of the Public Health Service Act and title I of the Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide comprehensive coverage for childhood immunization."}
| 1,235 | 61 | 0.578464 | 1.257309 | 0.777088 | 2.64 | 20.72 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red River Private Property
Protection Act''.
SEC. 2. DISCLAIMER AND OUTDATED SURVEYS.
(a) In General.--The Secretary hereby disclaims any right, title,
and interest to all land located south of the South Bank boundary line
of the Red River in the affected area.
(b) Clarification of Prior Surveys.--Previous surveys conducted by
the Bureau of Land Management shall have no force or effect in
determining the current South Bank boundary line.
SEC. 3. IDENTIFICATION OF CURRENT BOUNDARY.
(a) Boundary Identification.--To identify the current South Bank
boundary line along the affected area, the Secretary shall commission a
new survey that--
(1) adheres to the gradient boundary survey method;
(2) spans the entire length of the affected area;
(3) is conducted by Licensed State Land Surveyors chosen by
the Texas General Land Office; and
(4) is completed not later than 2 years after the date of
the enactment of this Act.
(b) Approval of the Survey.--The Secretary shall submit the survey
conducted under this Act to the Texas General Land Office for approval.
State approval of the completed survey shall satisfy the requirements
under this Act.
SEC. 4. APPEAL.
Not later than 1 year after the survey is completed and approved
pursuant to section 3, a private property owner who holds right, title,
or interest in the affected area may appeal public domain claims by the
Secretary to an Administrative Law Judge.
SEC. 5. RESOURCE MANAGEMENT PLAN.
The Secretary shall ensure that no parcels of land in the affected
area are treated as Federal land for the purpose of any resource
management plan until the survey has been completed and approved and
the Secretary ensures that the parcel is not subject to further appeal
pursuant to this Act.
SEC. 6. CONSTRUCTION.
This Act does not change or affect in any manner the interest of
the States or sovereignty rights of federally recognized Indian tribes
over lands located to the north of the South Bank boundary line of the
Red River as established by this Act.
SEC. 7. SALE OF REMAINING RED RIVER SURFACE RIGHTS.
(a) Competitive Sale of Identified Federal Lands.--After the survey
has been completed and approved and the Secretary ensures that a parcel
is not subject to further appeal under this Act, the Secretary shall
offer any and all such remaining identified Federal lands for disposal
by competitive sale for not less than fair market value as determined
by an appraisal conducted in accordance with nationally recognized
appraisal standards, including the Uniform Appraisal Standards for
Federal Land Acquisitions; and the Uniform Standards of Professional
Appraisal Practice.
(b) Existing Rights.--The sale of identified Federal lands under
this section shall be subject to valid existing tribal, State, and
local rights.
(c) Proceeds of Sale of Lands.--Net proceeds from the sale of
identified Federal lands under this section shall be used to offset any
costs associated with this Act.
(d) Report.--Not later than 5 years after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a list of any identified Federal
lands that have not been sold under subsection (a) and the reasons such
lands were not sold.
SEC. 8. DEFINITIONS.
For the purposes of this Act:
(1) Affected area.--The term ``affected area'' means lands
along the approximately 116-mile stretch of the Red River from
its confluence with the North Fork of the Red River on the west
to the 98th meridian on the east between the States of Texas
and Oklahoma.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of Bureau of Land
Management.
(3) South bank.--The term ``South Bank'' means the water-
washed and relatively permanent elevation or acclivity,
commonly called a cut bank, along the southerly or right side
of the Red River which separates its bed from the adjacent
upland, whether valley or hill, and usually serves to confine
the waters within the bed and to preserve the course of the
river; as specified in the fifth paragraph of the decree
rendered March 12, 1923, in Oklahoma v. Texas, 261 U.S. 340, 43
S. Ct. 376, 67 L. Ed. 687.
(4) South bank boundary line.--The term ``South Bank
boundary line'' means the boundary between Texas and Oklahoma
identified through the gradient boundary survey method; as
specified in the sixth and seventh paragraphs of the decree
rendered March 12, 1923, in Oklahoma v. Texas, 261 U.S. 340, 43
S. Ct. 376, 67 L. Ed. 687.
(5) Gradient boundary survey method.--The term ``gradient
boundary survey method'' means the measurement technique used
to locate the South Bank boundary line under the methodology
established by the United States Supreme Court which recognizes
that the boundary line between the States of Texas and Oklahoma
along the Red River is subject to such changes as have been or
may be wrought by the natural and gradual processes known as
erosion and accretion as specified in the second, third, and
fourth paragraphs of the decree rendered March 12, 1923, in
Oklahoma v. Texas, 261 U.S. 340, 43 S. Ct. 376, 67 L. Ed. 687.
|
Red River Private Property Protection Act Declares that the Bureau of Land Management (BLM) of the Department of the Interior disclaims any right, title, and interest to certain lands along a stretch of the Red River between Texas and Oklahoma (the affected area) located south of the South Bank boundary line. Directs the BLM, in identifying the current South Bank boundary line along the affected area, to commission a new survey that: (1) adheres to the gradient boundary survey method, (2) spans the entire length of the affected area, (3) is conducted by Licensed State Land Surveyors chosen by the Texas General Land Office, and (4) is completed within two years of enactment of this Act. Requires submission of the survey to the Texas General Land Office for approval. Permits a private property owner who holds, right, title, or interest in the affected area, after the survey is completed and approved, to appeal public domain claims by the BLM to an Administrative Law Judge. Instructs the BLM to: ensure that no parcels of land in the affected area are treated as federal land for the purpose of any resource management plan until the survey has been completed and approved and the parcel is no longer subject to further appeal, and, subsequently, offer any remaining identified federal lands for disposal by competitive sale for at least fair market value. Requires the BLM to submit to Congress a list of identified federal lands that have not been sold and the reasons why.
|
{"src": "billsum_train", "title": "Red River Private Property Protection Act"}
| 1,240 | 317 | 0.749368 | 2.53728 | 0.790772 | 5.329897 | 3.804124 | 0.90378 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Security Act of 2001''.
SEC. 2. EMERGENCY AMTRAK ASSISTANCE.
(a) In General.--There are authorized to be appropriated to the
Secretary of Transportation for the use of Amtrak--
(1) $515,000,000 for systemwide security upgrades,
including the reimbursement of extraordinary security-related
costs determined by the Secretary to have been incurred by
Amtrak since September 11, 2001, and including the hiring and
training additional police officers, canine-assisted security
units, and surveillance equipment;
(2) $998,000,000 to be used to complete New York tunnel
life safety projects and rehabilitate tunnels in Washington,
D.C., and Baltimore, Maryland; and
(3) $254,000,000 to be used for increasing the
accessibility of Penn Station, New York City, for safety and
emergency response situations, renovations to the Thames and
Niantic Bridges in Connecticut, and improved safety of
operations through an advanced civil speed enforcement system
radio system in high-speed territory.
(b) Availability of Appropriated Funds.--Amounts appropriated
pursuant to subsection (a) shall remain available until expended.
(c) Plan Required.--The Secretary may not make amounts available to
Amtrak for obligation or expenditure under subsection (a)--
(1) for implementing systemwide security upgrades until
Amtrak has submitted to the Secretary, and the Secretary has
approved, a plan for such upgrades;
(2) for completing the tunnel life safety and
rehabilitation projects until Amtrak has submitted to the
Secretary, and the Secretary has approved, an engineering and
financial plan for such projects;
(3) for completing the projects described in subsection
(a)(3) until Amtrak has submitted to the Secretary and the
Secretary has approved, a plan for such projects; and
(4) Amtrak has submitted to the Secretary such additional
information as the Secretary may require in order to ensure
full accountability for the obligation or expenditure of
amounts made available to Amtrak for the purpose for which the
funds are provided.
(d) 50-Percent To Be Spent Outside the Northeast Corridor.--The
Secretary shall ensure that up to 50 percent of the amounts
appropriated pursuant to subsection (a)(1) is obligated or expended for
projects outside the Northeast Corridor.
(e) Assessments by DOT Inspector General.--
(1) Initial assessment.--Within 60 days after the date of
enactment of this Act, the Inspector General of the Department
of Transportation shall transmit to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
a report--
(A) identifying any overlap between capital
projects for which funds are provided under such
funding documents, procedures, or arrangements and
capital projects included in Amtrak's 20-year capital
plan; and
(B) indicating any adjustments that need to be made
in that plan to exclude projects for which funds are
appropriated pursuant to subsection (a).
(2) Overlap review.--The Inspector General shall, as part
of the Department's annual assessment of Amtrak's financial
status and capital funding requirements review the obligation
and expenditure of funds under each such funding document,
procedure, or arrangement to ensure that the expenditure and
obligation of those funds are consistent with the purposes for
which they are provided under this Act.
(f) Coordination With Existing Law.--Amounts made available to
Amtrak under this section shall not be considered to be Federal
assistance for purposes of part C of subtitle V of title 49, United
States Code.
SEC. 3. RAIL SECURITY.
(a) Secretary of Transportation.--Section 20103(a) of title 49,
United States Code, is amended by striking ``safety'' and inserting
``safety, including the security of railroad operations,''.
(b) Rail Police Officers.--Section 28101 of title 49, United States
Code, is amended by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(c) Review of Rail Regulations.--Within 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Federal Railroad Administration's Rail Safety Advisory
Committee, shall review existing rail regulations of the Department of
Transportation for the purpose of identifying areas in which those
regulations need to be revised to improve rail safety and security.
SEC. 4. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) In general.--The Secretary of Transportation shall
assess the security risks associated with rail transportation
and develop prioritized recommendations for--
(A) improving the security of rail tunnels, rail
bridges, rail switching areas, and other areas
identified by the Secretary as posing significant rail-
related risks to public safety and the movement of
interstate commerce, taking into account the impact
that any proposed security measure might have on the
provision of rail service; and
(B) dealing with the immediate and long-term
economic impact of measures that may be required to
address those risks.
(2) Existing private and public sector efforts.--The
assessment shall include a review of any actions already taken
to address identified security issues by both public and
private entities.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment required by subsection (a), the Secretary shall--
(1) consult with rail management, rail labor, and public
safety officials (including officials responsible for
responding to emergencies); and
(2) utilize, to the maximum extent feasible, the resources
and assistance of--
(A) the Federal Railroad Administration's Rail
Safety Advisory Committee; and
(B) the Transportation Research Board of the
National Academy of Sciences.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report, without compromising national
security, containing--
(A) the assessment and prioritized recommendations
required by subsection (a); and
(B) any proposals the Secretary deems appropriate
for providing Federal financial, technological, or
research and development assistance to railroads to
assist the railroads in reducing the likelihood,
severity, and consequences of deliberate acts of crime
or terrorism toward rail employees, rail passengers,
rail shipments, or rail property.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
|
Rail Security Act of 2001 - Authorizes emergency appropriations to Amtrak for: (1) systemwide security upgrades, including reimbursement of extraordinary security-related costs incurred by it since September 11, 2001, such as the hiring and training of additional police officers, canine-assisted security units, and surveillance equipment; (2) completion of New York tunnel life safety projects and rehabilitation of tunnels in Washington, D.C., and Baltimore, Maryland; and (3) increased accessibility of Penn Station, New York City, for safety and emergency response situations, renovations to the Thames and Niantic Bridges in Connecticut, and improved safety operations through an advanced civil speed enforcement system radio system in high-speed territory. Prohibits the Secretary of Transportation from making such amounts available to Amtrak until a plan has been submitted to the Secretary for approval. Directs the Secretary to ensure that up to 50 percent of the amounts appropriated under this Act are obligated for projects outside the Northeast Corridor.Directs the Inspector General of the Department of Transportation (DOT) to report to specified congressional committees on: (1) any overlap between capital projects which are provided under funding documents, procedures, or arrangements and capital projects included in Amtrak's 20-year capital plan; and (2) any adjustments that need to be made in such plan to exclude projects for which funds are appropriated under this Act. Requires the Inspector General, as part of DOT's annual assessment of Amtrak's financial status and capital funding requirements, to review the obligation and expenditure of funds under each funding document, procedure, or arrangement to ensure that the expenditure and obligation of those funds are consistent with the purposes for which they are provided under this Act.Directs the Secretary, as necessary, to prescribe regulations and issue orders for every area of railroad safety, including the security of railroad operations. Directs the Secretary to review existing DOT rail regulations to identify areas in which they need to be revised to improve rail safety and security.Directs the Secretary to assess, and report to specified congressional committees on, the security risks associated with rail transportation and develop prioritized recommendations for: (1) improving the security of rail tunnels, rail bridges, rail switching areas, and other areas identified as posing significant rail-related risks to public safety and the movement of interstate commerce; and (2) dealing with the immediate and long-term economic impact of measures that may be required to address such risks.
|
{"src": "billsum_train", "title": "A bill to provide for rail safety and security assistance."}
| 1,426 | 510 | 0.785242 | 2.561381 | 0.782098 | 5.374732 | 2.830835 | 0.937901 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Restoration Act of
2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Between the years 1990 and 2000, the population of the
Chesapeake Bay watershed increased 8 percent while impervious
surface cover increased 41 percent.
(2) Suburban and urban stormwater runoff is the only major
source of pollution in the Chesapeake Bay watershed that is
increasing, as pollution from point sources and agriculture is
decreasing.
(3) States, local governments, developers, and nonprofit
organizations have developed numerous development techniques
since the late 1990s, which use infiltration, plants, and
stormwater harvesting techniques to retain stormwater and
associated sedimentation and nutrient pollutants.
(4) A study by the Environmental Protection Agency of low
impact development projects in the United States found that low
impact development stormwater management techniques are almost
always less expensive than traditional stormwater management
techniques.
(5) Local governments throughout the Chesapeake Bay
watershed are proactively implementing retention techniques and
strict new requirements to reduce stormwater runoff.
(6) The National Academy of Sciences recommends strong new
regulations with respect to stormwater runoff and the provision
of funding for local stormwater regulation efforts and finds
that retention measures that infiltrate, evapotranspire and
harvest stormwater are more effective than traditional
stormwater management infrastructure at protecting and
restoring stable hydrology.
(7) Data from multiple jurisdictions with respect to the
health of fish and other organisms living in Chesapeake Bay
tributaries suggest a strong negative correlation between
impervious surface cover and stream health.
(8) According to the Environmental Protection Agency's
Chesapeake Bay Program Office, an average of 100 acres of
forest are lost from the Chesapeake Bay watershed every day and
forest cover within the watershed has declined from 95 percent
to 58 percent.
(9) Forests capture up to 85 percent of airborne nitrogen
pollution and infiltrate or evapotranspirate between 90 percent
and 95 percent of annual rainfall, preventing pollution
associated with stormwater runoff.
SEC. 3. REDUCTION OF POLLUTION RESULTING FROM IMPERVIOUS SURFACES.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1267) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Reduction of Pollution Resulting From Impervious Surfaces.--
``(1) Permits.--
``(A) In general.--Not later than January 1, 2009,
each unit of local government within the Chesapeake Bay
watershed that discharges stormwater through a storm
sewer system, regardless of storm sewer system
ownership and, without regard to the size of the
population shall obtain and comply with a permit under
section 402(p).
``(B) Requirements.--A permit under section 402(p)
for a unit of local government within the Chesapeake
Bay watershed shall include requirements to ensure that
a project to develop land within the jurisdiction of
such unit of local government, which affects land that
is more than one acre in size and that is less than 5
percent covered by impervious surfaces prior to the
project, is carried out in a manner that not less than
the volume of the 95th percentile precipitation event
shall infiltrate, evapotranspirate from, or be
harvested and used on such site after the project is
completed.
``(C) Definition of 95th percentile precipitation
event.--The 95th percentile precipitation event is the
event whose precipitation total is greater than or
equal to 95 percent of all 24-hour storm events on an
annual basis.
``(2) Grant program.--
``(A) In general.--The Administrator is authorized
to make grants to a unit of local government with a
permit described under paragraph (1).
``(B) Uses.--A grant under subparagraph (A) may be
used by a unit of local government for the following:
``(i) Costs associated with complying with
such permit.
``(ii) Costs associated with implementing a
project that is designed, constructed, and
maintained to meet the relevant performance
standard of part (1)(B).
``(C) Matching requirement.--A grant for costs
associated with implementing a low impact development
project may not be in an amount that exceeds 75 percent
of such costs.
``(3) On-site retention guidance.--Not later than June 1,
2010, the Administrator shall issue guidance with respect to
the implementation of practices that retain stormwater on-site
through infiltration, evapotranspiration, or harvesting, to
assist entities affected by the permit described under
paragraph (1) to meet the requirements of such permit.
``(4) Forest cover.--Not later than January 1, 2012, the
Administrator shall coordinate with the heads of other Federal
departments and agencies to develop plans to maximize forest
cover on land owned by the Federal Government in the Chesapeake
Bay watershed through the preservation of existing forest cover
and the development of reforestation plans with respect to land
that has been disturbed or developed in the past.
``(5) Unit of local government defined.--In this
subsection, the term `unit of local government' means any
county, city, or other general purpose political subdivision,
including regional authorities of a State with jurisdiction
over land use.
``(6) Authorization of appropriations.--In addition to
amounts authorized to be appropriated or otherwise made
available to carry out this section, there is authorized to be
appropriated to the Administrator $1,500,000,000 to carry out
this subsection, to remain available until expended.''.
|
Chesapeake Bay Restoration Act of 2009 - Amends the Federal Water Pollution Control Act to require, by January 1, 2009, that each local governmental unit within the Chesapeake Bay watershed that discharges stormwater through a storm sewer system obtain and comply with a permit for municipal or industrial stormwater discharges under such Act.
Requires such permit to include requirements to ensure that a project to develop land within that unit's jurisdiction, which affects land more than one acre in size and less than 5% covered by impervious surfaces prior to the project, is carried out in a manner that not less than the volume of the 95th percentile precipitation event (the event whose precipitation total is greater than or equal to 95% of all 24-hour storm events on an annual basis) shall infiltrate, evapotranspirate from, or be harvested and used on such site after the project is completed.
Authorizes the Administrator of the Environmental Protection Agency (EPA) to make grants to a local governmental unit with such a permit, which may be used for costs associated with: (1) complying with such permit; and (2) implementing a project designed, constructed, and maintained to meet the relevant performance standard. Prohibits a grant for costs associated with implementing a low impact development project from exceeding 75% of such costs.
Requires the Administrator, by: (1) June 1, 2010, to issue guidance regarding the implementation of practices that retain stormwater on-site through infiltration, evapotranspiration, or harvesting, to assist entities affected by the permit to meet its requirements; and (2) January 1, 2012, to coordinate with heads of other federal agencies to develop plans to maximize forest cover on government-owned land in the watershed through the preservation of existing forest cover and the development of reforestation plans for land that has previously been disturbed or developed.
|
{"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to reduce pollution resulting from impervious surfaces within the Chesapeake Bay watershed, and for other purposes."}
| 1,267 | 410 | 0.569091 | 1.954614 | 0.750878 | 4.778409 | 3.232955 | 0.948864 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Enhancement Act of
1993''.
TITLE I--INCREMENTAL INVESTMENT TAX CREDIT FOR PRODUCTIVE PROPERTY
SEC. 101. INCREMENTAL INVESTMENT CREDIT.
(a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to amount of investment credit) is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end thereof the following new paragraph:
``(4) in the case of a small business (as defined in
section 48(c)), the general investment credit.''
(b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end thereof the following new subsection:
``(c) General Investment Credit.--
``(1) In general.--For purposes of section 46, in the case
of a small business, the general investment credit for any
taxable year is an amount equal to 10 percent of the excess (if
any) of--
``(A) the qualified investment for such taxable
year, over
``(B) the qualified investment for the taxable year
which begins in 1991 or 1992, whichever is selected by
the taxpayer.
The selection under subparagraph (B), once made, shall be
irrevocable.
``(2) Small business.--For purposes of this subsection, the
term `small business' means any taxpayer actively engaged in a
trade or business if the average number of individuals employed
by the taxpayer during the taxable year is less than 500.
``(3) Qualified investment.--
``(A) In general.--For purposes of paragraph (1),
the qualified investment for any taxable year is the
aggregate of--
``(i) the applicable percentage of the
basis of each new productive property placed in
service by the taxpayer during such taxable
year, plus
``(ii) the applicable percentage of the
cost of each used productive property placed in
service by the taxpayer during such taxable
year.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage for any
property shall be determined under paragraphs (2) and
(7) of section 46(c) (as in effect on the day before
the date of the enactment of the Revenue Reconciliation
Act of 1990).
``(C) Certain rules made applicable.--The
provisions of subsections (b) and (c) of section 48 (as
in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990) shall apply
for purposes of this paragraph.
``(4) Productive property.--For purposes of this
subsection, the term `productive property' means any tangible
property to which section 168 applies (not including a building
and its structural components)--
``(A) which is used as an integral part of
manufacturing, production, or extraction, or
``(B) which is a motor vehicle.
``(5) Coordination with other credits.--This subsection
shall not apply to any property to which the energy credit or
rehabilitation credit would apply unless the taxpayer elects to
waive the application of such credits to such property.
``(6) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsection (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990) shall apply for
purposes of this subsection.
``(7) Special rules.--
``(A) Controlled groups.--For purposes of this
subsection--
``(i) all taxpayers treated as a single
employer under subsection (a) or (b) of section
52 shall be treated as a single taxpayer, and
``(ii) the credit (if any) determined under
this subsection with respect to each such
taxpayer shall be its proportionate share of
the basis of the productive property giving
rise to such credit.
``(B) Allocation of basis adjustment.--The
reduction required by section 50(c) for any taxable
year shall be allocated among the productive property
in proportion to the respective bases of such property.
``(C) Recapture.--In applying section 50(a) to any
property which ceases to be productive property, the
credit determined under this subsection with respect to
such property shall be treated as being equal to 10
percent of the lesser of--
``(i) the excess referred to in paragraph
(1) for the taxable year in which such property
was determined, or
``(ii) the qualified investment in such
property which was taken into account under
paragraph (1).''
(c) Technical Amendments.--
(1) Subparagraph (C) of section 49(a)(1) of such Code is
amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
``, and'', and by adding at the end thereof the following new
clause:
``(iv) the basis of any new productive
property and the cost of any used productive
property.''
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48(c)(5)'' before the period at the
end thereof.
(3) Paragraph (5) of section 50(a) of such Code is amended
by adding at the end thereof the following new subparagraph:
``(D) Special rules for certain property.--In the
case of any productive property which is 3-year
property (within the meaning of section 168(e))--
``(i) the percentage set forth in clause
(ii) of the table contained in paragraph (1)(B)
shall be 66 percent,
``(ii) the percentage set forth in clause
(iii) of such table shall be 33 percent, and
``(iii) clauses (iv) and (v) of such table
shall not apply.''
(4)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(d) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 1992, 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).
TITLE II--INCREASE IN EXPENSING FOR PRODUCTIVE PROPERTY
SEC. 201. CHANGES IN ELECTION TO EXPENSE CERTAIN DEPRECIABLE BUSINESS
ASSETS.
(a) Increase in Limit for Productive Equipment.--Paragraph (1) of
section 179(b) of the Internal Revenue Code of 1986 (relating to
election to expense certain depreciable property) is amended by
striking ``$10,000.'' and inserting ``$10,000 ($50,000 in the case of
section 179 property for use as an integral part of manufacturing,
production, or extraction).''
(b) Medium-Sized Companies Eligible.--Paragraph (2) of section
179(b) of such Code is amended by striking ``$200,000.'' and inserting
``$200,000 ($1,000,000 in the case of section 179 property for use as
an integral part of manufacturing, production, or extraction).''
(c) Deductions Under Section 179 Excluded From Minimum Tax.--
(1) Paragraph (1) of section 56(a) of such Code is amended
by adding at the end thereof the following new subparagraph:
``(E) Special rule for section 179 property.--In
the case of section 179 property (as defined in section
179(d)), the deduction allowable under section 179
shall be treated as allowable under the alternative
system of section 168(g).''
(2) Subparagraph (A) of section 56(g)(4) of such Code is
amended by adding at the end thereof the following new clause:
``(vi) Special rule for section 179
property.--In the case of section 179 property
(as defined in section 179(d)), the deduction
allowable under section 179 shall be treated as
allowable under the alternative system of
section 168(g).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.
|
TABLE OF CONTENTS:
Title I: Incremental Investment Tax Credit for Productive
Property
Title II: Increase in Expensing for Productive Property
Small Business Enhancement Act of 1993 -
Title I: Incremental Investment Tax Credit for Productive Property
- Amends the Internal Revenue Code to allow small businesses a general investment credit for new productive property which is used as an integral part of manufacturing, production, or extraction, or which is a motor vehicle.
Title II: Increase in Expensing for Productive Property
- Increases the deduction limit for expensing such productive property. Makes medium-sized companies eligible for such deduction. Excludes such deduction from the minimum tax.
|
{"src": "billsum_train", "title": "Small Business Enhancement Act of 1993"}
| 1,958 | 148 | 0.532396 | 1.322592 | 0.579182 | 3.572519 | 13.587786 | 0.870229 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family and Medical Leave Inclusion
Act''.
SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PARENT-IN-LAW, ADULT
CHILD, SIBLING, OR GRANDPARENT.
(a) Leave Requirement.--Section 102 of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612) is amended--
(1) in subsection (a)(1)(C), by striking ``spouse, or a
son, daughter, or parent of the employee, if such spouse, son,
daughter, or parent'' and inserting ``spouse (including a same-
sex spouse as determined under applicable State law), son,
daughter, domestic partner, parent-in-law, adult child,
sibling, grandparent, or parent of the employee if such spouse,
son, daughter, domestic partner, parent-in-law, adult child,
sibling, grandparent, or parent''; and
(2) in subsection (e)(2)(A), by striking ``spouse, or
parent'' and inserting ``spouse (including a same-sex spouse as
determined under applicable State law), domestic partner,
parent-in-law, adult child, sibling, grandparent, or parent''.
(b) Certification.--Section 103 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2613) is amended--
(1) in subsection (a), by striking ``spouse, or parent''
and inserting ``spouse (including a same-sex spouse as
determined under applicable State law), domestic partner,
parent-in-law, adult child, sibling, grandparent, or parent'';
(2) in subsection (b)(4)(A), by striking ``spouse, or
parent and an estimate of the amount of time that such employee
is needed to care for the son, daughter, spouse, or parent''
and inserting ``spouse (including a same-sex spouse as
determined under applicable State law), domestic partner,
parent-in-law, adult child, sibling, grandparent, or parent and
an estimate of the amount of time that such employee is needed
to care for such spouse, domestic partner, parent-in-law, adult
child, sibling, grandparent, or parent''; and
(3) in subsection (b)(7), by striking ``parent, or spouse''
and inserting ``domestic partner, parent-in-law, adult child,
sibling, grandparent, parent, or spouse (including a same-sex
spouse as determined under applicable State law)''.
(c) Employment and Benefits Protection.--Section 104(c)(3) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is
amended--
(1) in subparagraph (A)(i), by striking ``spouse, or
parent'' and inserting ``spouse (including a same-sex spouse as
determined under applicable State law), domestic partner,
parent-in-law, adult child, sibling, grandparent, or parent'';
and
(2) in subparagraph (C)(ii), by striking ``spouse, or
parent'' and inserting ``spouse (including a same-sex spouse as
determined under applicable State law), domestic partner,
parent-in-law, adult child, sibling, grandparent, or parent''.
SEC. 3. FEDERAL EMPLOYEES.
(a) Leave Requirement.--Section 6382 of title 5, United States
Code, is amended--
(1) in subsection (a)(1)(C), by striking ``spouse, or a
son, daughter, or parent of the employee, if such spouse, son,
daughter, or parent'' and inserting ``spouse (including a same-
sex spouse as determined under applicable State law), son,
daughter, domestic partner, parent-in-law, adult child,
sibling, grandparent, or parent of the employee if such spouse,
son, daughter, domestic partner, parent-in-law, adult child,
sibling, grandparent, or parent''; and
(2) in subsection (e)(2)(A), by striking ``spouse, or
parent'' and inserting ``spouse (including a same-sex spouse as
determined under applicable State law), domestic partner,
parent-in-law, adult child, sibling, grandparent, or parent''.
(b) Certification.--Section 6383 of title 5, United States Code, is
amended--
(1) in subsection (a), by striking ``spouse, or parent''
and inserting ``spouse (including a same-sex spouse as
determined under applicable State law), domestic partner,
parent-in-law, adult child, sibling, grandparent, or parent'';
and
(2) in subsection (b)(4)(A), by striking ``spouse, or
parent, and an estimate of the amount of time that such
employee is needed to care for such son, daughter, spouse, or
parent'' and inserting ``spouse (including a same-sex spouse as
determined under applicable State law), domestic partner,
parent-in-law, adult child, sibling, grandparent, or parent,
and an estimate of the amount of time that such employee is
needed to care for such son, daughter, spouse, domestic
partner, parent-in-law, adult child, sibling, grandparent, or
parent''.
|
Family and Medical Leave Inclusion Act - Amends the Family and Medical Leave Act of 1993 to provide for employee leave to care for a same-sex spouse as determined under applicable State law, domestic partner, parent-in-law, adult child, sibling, or grandparent (as well as for a spouse, child, or parent), if such person has a serious health condition.
Amends Federal civil service law to apply the same leave allowance to Federal employees.
|
{"src": "billsum_train", "title": "To amend the Family and Medical Leave Act of 1993 to permit leave to care for a same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent if the same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent has a serious health condition, and for other purposes."}
| 1,257 | 104 | 0.619715 | 1.600101 | 0.459999 | 4.153846 | 12.241758 | 0.857143 |
SECTION 1. INCREASE OF ALTERNATIVE SIMPLIFIED CREDIT.
(a) In General.--Subparagraph (A) of section 41(c)(5) of the
Internal Revenue Code of 1986 is amended by striking ``14 percent (12
percent in the case of taxable years ending before January 1, 2009)''
and inserting ``20 percent''.
(b) Conforming Amendment.--Clause (ii) of section 41(c)(5)(B) of
the Internal Revenue Code of 1986 is amended by striking ``6 percent''
and inserting ``10 percent''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 2. ALLOCATION OF RESEARCH EXPENSES AMONG BUSINESS COMPONENTS.
(a) In General.--Subparagraph (A) of section 41(d)(2) of the
Internal Revenue Code of 1986 is amended by inserting ``, and may be
applied using a method that relies on reasonable estimation techniques
in lieu of contemporaneous accounting to measure employee hours per
business component'' before the period.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 3. INCLUSION OF QUALIFIED UPPER-LEVEL EMPLOYEES IN RESEARCH
EXPENSE CALCULATION.
(a) In General.--Clause (ii) of section 41(b)(2)(B) of the Internal
Revenue Code of 1986 is amended by inserting ``, without regard to the
employee's position or management level'' before the period.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 4. REPEAL OF EXCLUSION OF ADAPTIVE RESEARCH.
(a) In General.--Paragraph (4) of section 41(d) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (B) and by
redesignating subparagraphs (C), (D), (E), (F), (G), and (H) as
subparagraphs (B), (C), (D), (E), (F), and (G), respectively.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 5. INCLUSION OF COST REDUCTION RESEARCH.
(a) In General.--Subparagraph (A) of section 41(d)(3) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``, or''; and
(3) by adding at the end the following new clause:
``(iv) reduction of costs associated with--
``(I) a business component of the
taxpayer, or
``(II) research relating to a
purpose described in clause (i), (ii),
or (iii).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 6. INCLUSION OF OBSOLESCENCE MITIGATION.
(a) In General.--Clause (iv) of section 41(d)(3)(A) of the Internal
Revenue Code of 1986, as added by section 5, is amended by inserting
``or obsolescence mitigation'' after ``reduction of costs''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 7. ELECTION OF REDUCED CREDIT MAY BE MADE ON AMENDED RETURN.
(a) In General.--Subparagraph (C) of section 280C(c)(3) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(C) Election.--An election under this paragraph
shall made in such manner as the Secretary may
prescribe and, once made with respect to a taxable
year, shall be irrevocable. Such election may be made
on the return of tax for the taxable year to which it
applies or on an amended return.''.
(b) Effective Date.--The amendment made by this section shall apply
to amended returns which are permitted to be filed under the applicable
provisions of the Internal Revenue Code of 1986 after the date of the
enactment of this Act.
SEC. 8. INVESTMENT IN CONNECTED MANUFACTURING EQUIPMENT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. CONNECTED MANUFACTURING EQUIPMENT.
``(a) Amount of Credit.--For purposes of section 38, the connected
manufacturing equipment credit for any taxable year is an amount equal
to 10 percent of the qualified connected manufacturing equipment
expenditures made by the taxpayer during such year.
``(b) Qualified Connected Manufacturing Equipment Expenditures.--
``(1) In general.--Subject to paragraph (2), for purposes
of this section, the term `qualified connected manufacturing
equipment expenditures' means an expenditure relating to the
purchase or installation of--
``(A) industrial equipment components which contain
a microprocessor and can be connected to an electronic
communication network, and
``(B) any software, routing, or local area network
components necessary to connect components described in
subparagraph (A) to an electronic communication
network.
``(2) Eligibility.--The Secretary, in consultation with the
Secretary of Commerce, shall identify the types of components
described in paragraph (1) which are eligible for the credit
under this section.
``(c) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section for any expenditure with respect to any
property, the increase in the basis of such property which would (but
for this subsection) result from such expenditure shall be reduced by
the amount of the credit so allowed.''.
(b) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``plus'' at the end of paragraph
(35);
(B) by striking the period at the end of paragraph
(36) and inserting ``, plus''; and
(C) by adding at the end the following new
paragraph:
``(37) the connected manufacturing equipment credit
determined under section 45S(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45S. Connected manufacturing equipment credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2018.
|
This bill amends the Internal Revenue Code, with respect to the tax credit for increasing research activities (known as the research and experimentation tax credit), to: increase the alternative simplified credit rate to match the rate of the regular credit; allow taxpayers to use reasonable estimation techniques in lieu of contemporaneous accounting to measure employee hours per business component; allow employees engaging in the direct supervision or direct support of research activities which constitute qualified research to be included in the research expense calculation without regard to the employee's position or management level; allow the credit to be used for research related to the adaptation of an existing business component to a particular customer's requirement or need, cost reduction, or obsolescence mitigation; and allow taxpayers to make an election for a reduced credit (in order to be allowed a full deduction for research expenses) on an amended tax return. The bill also allows a business-related tax credit equal to 10% of the qualified connective manufacturing equipment expenditures made by the taxpayer during the year. The credit applies to expenditures relating to the purchase or installation of: (1) industrial equipment components that contain a microprocessor and can be connected to an electronic communication network; and (2) software, routing, or local area network components necessary to connect the components to an electronic communication network.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to reform the credit for increasing research activities, and for other purposes."}
| 1,590 | 268 | 0.470687 | 1.510168 | 0.701242 | 2.552529 | 5.276265 | 0.809339 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Official Personnel File Enhancement
Act''.
SEC. 2. RECORD OF INVESTIGATION OF PERSONNEL ACTION IN SEPARATED
EMPLOYEE'S OFFICIAL PERSONNEL FILE.
(a) In General.--Subchapter I of chapter 33 of title 5, United
States Code, is amended by inserting after section 3321 the following:
``Sec. 3322. Voluntary separation before resolution of personnel
investigation
``(a) With respect to any employee occupying a position in the
competitive service or the excepted service who is the subject of a
personnel investigation and resigns from Government employment prior to
the resolution of such investigation, the head of the agency from which
such employee so resigns shall, if an adverse finding was made with
respect to such employee pursuant to such investigation, make a
permanent notation in the employee's official personnel record file.
The head shall make such notation not later than 40 days after the date
of the resolution of such investigation.
``(b) Prior to making a permanent notation in an employee's
official personnel record file under subsection (a), the head of the
agency shall--
``(1) notify the employee in writing within 5 days of the
resolution of the investigation and provide such employee a
copy of the adverse finding and any supporting documentation;
``(2) provide the employee with a reasonable time, but not
less than 30 days, to respond in writing and to furnish
affidavits and other documentary evidence to show why the
adverse finding was unfounded (a summary of which shall be
included in any notation made to the employee's personnel file
under subsection (d)); and
``(3) provide a written decision and the specific reasons
therefore to the employee at the earliest practicable date.
``(c) An employee is entitled to appeal the decision of the head of
the agency to make a permanent notation under subsection (a) to the
Merit Systems Protection Board under section 7701.
``(d)(1) If an employee files an appeal with the Merit Systems
Protection Board pursuant to subsection (c), the agency head shall make
a notation in the employee's official personnel record file indicating
that an appeal disputing the notation is pending not later than 2 weeks
after the date on which such appeal was filed.
``(2) If the head of the agency is the prevailing party on appeal,
not later than 2 weeks after the date that the Board issues the appeal
decision, the head of the agency shall remove the notation made under
paragraph (1) from the employee's official personnel record file.
``(3) If the employee is the prevailing party on appeal, not later
than 2 weeks after the date that the Board issues the appeal decision,
the head of the agency shall remove the notation made under paragraph
(1) and the notation of an adverse finding made under subsection (a)
from the employee's official personnel record file.
``(e) In this section, the term `personnel investigation'
includes--
``(1) an investigation by an Inspector General; and
``(2) an adverse personnel action as a result of
performance, misconduct, or for such cause as will promote the
efficiency of the service under chapter 43 or chapter 75.''.
(b) Application.--The amendment made by subsection (a) shall apply
to any employee described in section 3322 of title 5, United States
Code, (as added by such subsection) who leaves the service after the
date of enactment of this Act.
(c) Clerical Amendment.--The table of sections of subchapter I of
chapter 33 of title 5, United States Code, is amended by inserting
after the item relating to section 3321 the following:
``3322. Voluntary separation before resolution of personnel
investigation.''.
SEC. 3. REVIEW OF OFFICIAL PERSONNEL FILE OF FORMER FEDERAL EMPLOYEES
BEFORE REHIRING.
(a) In General.--Subchapter I of chapter 33 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 3330e. Review of official personnel file of former Federal
employees before rehiring
``(a) If a former Government employee is a candidate for a position
within the competitive service or the excepted service, prior to making
any determination with respect to the appointment or reinstatement of
such employee to such position, the appointing authority shall review
and consider the information relating to such employee's former period
or periods of service in such employee's official personnel record
file.
``(b) In subsection (a), the term `former Government employee'
means an individual whose most recent position with the Government
prior to becoming a candidate as described under subsection (a) was
within the competitive service or the excepted service.
``(c) The Office of Personnel Management shall prescribe
regulations to carry out the purpose of this section.''.
(b) Application.--The amendment made by subsection (a) shall apply
to any former Government employee (as described in section 3330e of
title 5, United States Code, as added by such subsection) appointed or
reinstated on or after the date that is 180 days after the date of
enactment of this Act.
(c) Clerical Amendment.--The table of sections of subchapter I of
chapter 33 of title 5, United States Code, is amended by adding at the
end the following:
``3330e. Review of official personnel file of former Federal employees
before rehiring.''.
Passed the House of Representatives April 26, 2016.
Attest:
KAREN L. HAAS,
Clerk.
|
(This measure has not been amended since it was reported to the House on March 16, 2016. Official Personnel File Enhancement Act (Sec. 2) This bill requires that a permanent notation be made in the official personnel record file of a federal employee in the competitive or excepted service who is the subject of a personnel investigation and who resigns prior to the resolution of such investigation, if an adverse finding is made against such employee at the close of such investigation. The bill defines "personnel investigation" to include: (1) an investigation by an Inspector General; and (2) an adverse personnel action as a result of performance, misconduct, or for such cause as will promote the efficiency of the service under provisions relating to performance appraisals or adverse actions. The agency employing such employee shall make such notation within 40 days after the resolution of such investigation. Prior to making such notation, the agency shall: notify the employee in writing within 5 days of such resolution and provide such employee a copy of the adverse finding and any supporting documentation, provide the employee at least 30 days to respond in writing and to furnish affidavits and other documentary evidence to show why the adverse finding was unfounded, and provide a written decision regarding such notation and the specific reasons to the employee at the earliest practicable date. The bill entitles an employee to appeal the agency's decision to the Merit Systems Protection Board. Such an appeal shall be noted in the employee's file while the appeal is pending. If the employee is the prevailing party on appeal, the agency shall remove the notation regarding the adverse finding from the employee's file within two weeks after the Board issues its decision. (Sec. 3) The bill requires any federal government appointing authority to review and consider the personnel file of a former federal employee who is a candidate for a position within the competitive or excepted service prior to appointing or reinstating such employee to such a position.
|
{"src": "billsum_train", "title": "Official Personnel File Enhancement Act"}
| 1,271 | 426 | 0.744899 | 2.472456 | 0.782142 | 4.246032 | 3.074074 | 0.896825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Coast Guard
Servicemember Benefits Improvements Act''.
SEC. 2. COAST GUARD HOUSING AUTHORITIES.
(a) In General.--Chapter 18 of title 14, United States Code, is
amended--
(1) in section 681--
(A) in the matter preceding paragraph (1) of
subsection (a)--
(i) by striking ``acquisition or
construction'' both times it appears and
inserting ``acquisition, construction,
reconstruction, or maintenance''; and
(ii) by striking ``by private persons,
including a small business concern qualified
under section 8(a) of the Small Business Act
(15 U.S.C. 637(a)),''; and
(B) in subsection (b), by striking ``No
appropriation shall be made'' and inserting ``Except as
provided in section 687(c), no appropriation shall be
made'';
(2) in section 685(a)--
(A) by inserting ``any real'' after ``convey or
lease''; and
(B) by inserting ``under the administrative control
of the Coast Guard'' after ``facilities (including
ancillary support facilities)'';
(3) in section 687--
(A) in subsection (b)(3), by striking ``for the
purpose of carrying out activities under this chapter
with respect to military family and military
unaccompanied housing.'' and inserting a period;
(B) in subsection (c)(1)--
(i) by striking ``In such amounts as
provided in appropriation Acts and except'' and
inserting ``Except''; and
(ii) by striking ``the Secretary may'' and
inserting ``the Secretary may, without further
appropriation,'';
(C) in subsection (e), by striking ``or (b)(3)'';
(D) by striking subsection (f); and
(E) by striking subsection (g);
(4) in section 688, by adding at the end the following new
paragraph:
``(5) A report that identifies--
``(A) all real property, facilities, and structures
under the administrative control of the Coast Guard to
be disposed or demolished and the estimated cost
thereof; and
``(B) any family or unaccompanied housing
initiatives and capital construction projects planned
under this chapter.''; and
(5) by repealing section 689.
(b) Clerical Amendment.--The chapter analysis at the beginning of
chapter 18 of such title is amended by striking the item relating to
section 689.
SEC. 3. CHILD DEVELOPMENT SERVICES.
Section 515 of title 14, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b)(1) The Commandant is authorized to use appropriated funds
available to the Coast Guard to provide child development services.
``(2)(A) The Commandant is authorized to establish, by regulations,
fees to be charged parents for the attendance of children at Coast
Guard child development centers.
``(B) Fees to be charged, pursuant to subparagraph (A), shall be
based on family income, except that the Commandant may, on a case-by-
base basis, establish fees at lower rates if such rates would not be
competitive with rates at local child development centers.
``(C) The Commandant is authorized to collect and expend fees,
established pursuant to this subparagraph, and such fees shall, without
further appropriation, remain available until expended for the purpose
of providing services, including the compensation of employees and the
purchase of consumable and disposable items, at Coast Guard child
development centers.
``(3) The Commandant is authorized to use appropriated funds
available to the Coast Guard to provide assistance to family home
daycare providers so that family home daycare services can be provided
to uniformed servicemembers and civilian employees of the Coast Guard
at a cost comparable to the cost of services provided by Coast Guard
child development centers.'';
(2) by repealing subsections (d) and (e); and
(3) by redesignating subsections (f) and (g) as subsections
(d) and (e), respectively.
SEC. 4. COMPULSORY RETIREMENT.
(a) In General.--Chapter 11 of title 14, United States Code, is
amended by striking section 293 and inserting the following:
``Sec. 293. Compulsory retirement
``(a) Regular Commissioned Officers.--Any regular commissioned
officer, except a commissioned warrant officer, serving in a grade
below rear admiral (lower half), shall be retired on the first day of
the month following the month in which the officer becomes 62 years of
age.
``(b) Flag Officer Grades.--(1) Except as provided in paragraph
(2), any regular commissioned officer serving in a flag officer grade
shall be retired on the first day of the month following the month in
which the officer becomes 64 years of age.
``(2) In the case of any regular commissioned officer serving in a
flag officer grade position, the retirement under paragraph (1) of that
officer may be deferred--
``(A) by the President, but such a deferment may not extend
beyond the first day of the month following the month in which
the officer becomes 68 years of age; or
``(B) by the Secretary of the department in which the Coast
Guard is operating, but such a deferment may not extend beyond
the first day of the month following the month in which the
officer becomes 66 years of age.''.
(b) Application.--This section shall not apply to any individual
who reaches the age of 62 before July 1, 2011. With regard to an
individual who reaches the age of 62 before July 1, 2011, any provision
of law, providing for compulsory retirement, that was in effect prior
to the date of enactment shall continue to be applicable in the same
manner and to the same extent as if this section had not been enacted.
(c) Clerical Amendment.--The analysis at the beginning of chapter
11 of such title is amended by striking the item relating to section
293 and inserting the following:
``293. Compulsory retirement.''.
SEC. 5. CHAPLAIN ACTIVITY EXPENSE.
Section 145 of title 14, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) detail personnel from the Chaplain Corps to provide
services, pursuant to section 1789 of title 10, to the Coast
Guard.''; and
(2) by adding at the end the following new subsection:
``(d)(1) As part of the services provided by the Secretary of the
Navy pursuant to subsection (a)(4), the Secretary may provide support
services to chaplain-led programs to assist members of the Coast Guard
on active duty and their dependents, and members of the reserve
component in an active status and their dependents, in building and
maintaining a strong family structure.
``(2) In this subsection, the term `support services' include
transportation, food, lodging, child care, supplies, fees, and training
materials for members of the Coast Guard on active duty and their
dependents, and members of the reserve component in an active status
and their dependents, while participating in programs referred to in
paragraph (1), including participation at retreats and conferences.
``(3) In this subsection, the term `dependents' has the same
meaning as defined in section 1072(2) of title 10.''.
SEC. 6. COAST GUARD CROSS; SILVER STAR MEDAL.
(a) Coast Guard Cross.--Chapter 13 of title 14, United States Code,
is amended by inserting after section 491 the following new section:
``Sec. 491a. Coast Guard cross
``The President may award a Coast Guard cross of appropriate
design, with ribbons and appurtenances, to a person who, while serving
in any capacity with the Coast Guard, when the Coast Guard is not
operating under the Department of the Navy, distinguishes himself or
herself by extraordinary heroism not justifying the award of a medal of
honor--
``(1) while engaged in an action against an enemy of the
United States;
``(2) while engaged in military operations involving
conflict with an opposing foreign force or international
terrorist organization; or
``(3) while serving with friendly foreign forces engaged in
an armed conflict against an opposing armed force in which the
United States is not a belligerent party.''.
(b) Silver Star Medal.--Such chapter is further amended--
(1) by striking the heading of section 492a and inserting
the following:
``Sec. 492b. Distinguished flying cross'';
and
(2) by inserting after section 492 the following new
section:
``Sec. 492a. Silver star medal
``The President may award a silver star medal of appropriate
design, with ribbons and appurtenances, to a person who, while serving
in any capacity with the Coast Guard, when the Coast Guard is not
operating under the Department of the Navy, is cited for gallantry in
action that does not warrant a medal of honor or Coast Guard cross--
``(1) while engaged in an action against an enemy of the
United States;
``(2) while engaged in military operations involving
conflict with an opposing foreign force or international
terrorist organization; or
``(3) while serving with friendly foreign forces engaged in
an armed conflict against an opposing armed force in which the
United States is not a belligerent party.''.
(c) Conforming Amendments.--Such chapter is further amended--
(1) in section 494, by striking ``distinguished service
medal, distinguished flying cross,'' and inserting ``Coast
Guard cross, distinguished service medal, silver star medal,
distinguished flying cross,'' in both places it appears;
(2) in section 496--
(A) in the matter preceding paragraph (1) of
subsection (a), by striking ``distinguished service
medal, distinguished flying cross,'' and inserting
``Coast Guard cross, distinguished service medal,
silver star medal, distinguished flying cross,''; and
(B) in subsection (b)(2), by striking
``distinguished service medal, distinguished flying
cross,'' and inserting ``Coast Guard cross,
distinguished service medal, silver star medal,
distinguished flying cross,''; and
(3) in section 497, by striking ``distinguished service
medal, distinguished flying cross,'' and inserting ``Coast
Guard cross, distinguished service medal, silver star medal,
distinguished flying cross,''.
(d) Clerical Amendments.--The analysis at the beginning of such
chapter is amended--
(1) by inserting after the item relating to section 491 the
following new item:
``491a. Coast Guard cross.''.
(2) by striking the item relating to section 492a and
inserting the following new items:
``492a. Silver star medal.
``492b. Distinguished flying cross.''.
SEC. 7. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME
(AFRH) SYSTEM.
(a) In General.--Section 1502 of the Armed Forces Retirement Home
Act of 1991 (24 U.S.C. 401) is amended--
(1) by striking paragraph (4);
(2) in paragraph (5)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(C) by inserting at the end the following:
``(E) the Assistant Commandant of the Coast Guard
for Human Resources.''; and
(3) by adding at the end of paragraph (6) the following:
``(E) The Master Chief Petty Officer of the Coast
Guard.''.
(b) Conforming Amendments.--(1) Section 2772 of title 10, United
States Code, is amended--
(A) in subsection (a) by inserting ``or, in the case of the
Coast Guard, the Commandant'' after ``concerned''; and
(B) by striking subsection (c).
(2) Section 1007(i) of title 37, United States Code, is amended--
(A) in paragraph (3) by inserting ``or, in the case of the
Coast Guard, the Commandant'' after ``Secretary of Defense'';
(B) by striking paragraph (4); and
(C) by redesignating paragraph (5) as paragraph (4).
SEC. 8. LEGAL ASSISTANCE FOR COAST GUARD RESERVISTS.
Section 1044(a)(4) of title 10, United States Code, is amended--
(1) by striking ``as determined by the Secretary of
Defense,'' and inserting ``as determined by the Secretary of
Defense and the Secretary of Homeland Security, with respect to
the Coast Guard when it is not operating as a service of the
Navy,''; and
(2) by striking ``prescribed by the Secretary of Defense,''
and inserting ``prescribed by Secretary of Defense and the
Secretary of Homeland Security, with respect to the Coast Guard
when it is not operating as a service of the Navy,''.
SEC. 9. CLARIFYING AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Section 2801(b) of the Public Health Service Act (42 U.S.C.
300hh(b)) is amended by striking ``except that members of the armed
forces under the authority of the Secretary of Defense shall remain
under the command and control of the Secretary of Defense, as shall any
associated assets of the Department of Defense.'' and inserting
``except that members of uniformed services under the authority of the
Secretary of Defense or, with respect to the Coast Guard, the Secretary
of the department in which the Coast Guard is operating shall remain
under the command and control of the Secretary of Defense or the
Secretary of the department in which the Coast Guard is operating,
respectively, as shall any associated assets of the Department of
Defense or the department in which the Coast Guard is operating.''.
|
United States Coast Guard Servicemember Benefits Improvements Act - Establishes or modifies the housing-related authorities of the Secretary of the department in which the Coast Guard is operating regarding: (1) reconstruction and maintenance of military family housing or unaccompanied housing; (2) conveyance or lease of real property; and (3) the Coast Guard Housing Fund.
Repeals the $40 million cap on the total value in budget authority of all contracts and investments undertaken using Coast Guard housing authorities. Repeals the expiration date for such authorities, thus making them permanent.
Eliminates specified new housing demonstration projects.
Authorizes the Coast Guard Commandant to: (1) use appropriated funds to provide child development services; and (2) collect and expend, for such services, fees based on family income.
Raises from 62 to 64 the mandatory retirement age for flag officers. Allows deferral of the mandatory retirement age of any regular commissioned officer serving in a flag officer grade position (currently 62): (1) by the Secretary until age 66; and (2) by the President until age 68.
Authorizes the Secretary of the Navy to: (1) detail Chaplain Corps personnel to the Coast Guard; and (2) provide support services (including transportation, food, lodging, child care, supplies, fees, and training materials) to chaplain-led programs to assist members of the Coast Guard on active duty and their dependents, and members of the reserve component in an active status and their dependents, in building and maintaining a strong family structure.
Authorizes the President to award a Coast Guard cross and silver star medals to persons serving in any capacity with the Coast Guard for extraordinary heroism or gallantry in action while engaged in action against a U.S. enemy, or in other specified actions.
Removes provisions excluding the Coast Guard from provisions relating to Armed Forces Retirement homes. (Authorizes Coast Guard participation in the Armed Forces Retirement Home system.)
Authorizes the Secretary of Homeland Security, subject to the availability of legal staff resources, to provide to members of Coast Guard reserve components legal assistance in connection with their personal civil legal affairs.
Amends the Public Health Service Act to require that, during a public health emergency, Coast Guard members and assets remain under the command and control of the Secretary of the department in which the Coast Guard is operating.
|
{"src": "billsum_train", "title": "To amend title 14, United States Code, to improve benefits for members of the Coast Guard, and for other purposes."}
| 3,233 | 496 | 0.512302 | 1.429305 | 0.71455 | 4.046358 | 6.662252 | 0.863135 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Faculty Education Act of
2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Nurse Reinvestment Act (Public Law 107-205) has
helped to support students preparing to be nurse educators.
Yet, nursing schools nationwide are forced to deny admission to
individuals due to lack of qualified nurse faculty.
(2) According to the February 2004 Monthly Labor Review of
the Bureau of Labor Statistics, more than 1,000,000 new and
replacement nurses will be needed by 2012.
(3) According to the American Association of Colleges of
Nursing, in the 2004-2005 academic year, 29,425 individuals, or
35 percent of the qualified applicants were not accepted into
nursing baccalaureate programs. 2,748 potential nursing
master's students and over 200 nurses qualified for admission
to doctoral programs were not accepted. Estimates from the
National League of Nursing indicate that over 123,000 qualified
applications could not be accommodated in associate degree,
diploma, and baccalaureate registered nurse educational
programs in 2004.
(4) Seventy-six percent of schools report insufficient
faculty as the primary reason for not accepting qualified
applicants. The primary reasons for lack of faculty are lack of
funds to hire new faculty, inability to identify, recruit and
hire faculty in the current competitive job market, and lack of
nursing faculty available in different geographic areas.
(5) Despite the fact that 75 percent of graduates of
doctoral nursing program enter education roles (versus about 5
percent of graduates of nursing master's programs), the 93
doctoral programs nationwide produce only 400 graduates. This
annual graduation rate is insufficient to meet current needs
for nurse faculty. In keeping with other professional academic
disciplines, nurse faculty at colleges and universities are
typically doctorally-prepared.
(6) With the average age of nurse faculty at retirement at
62.5 years of age and the average age of doctorally-prepared
faculty currently at 53.5 years, the health care system faces
unprecedented workforce and health access challenges with
current and future shortages of deans, nurse educators, and
nurses.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Part D of title VIII of the Public Health Service Act (42 U.S.C.
296p et seq.) is amended by adding at the end the following:
``SEC. 832. NURSE FACULTY EDUCATION.
``(a) Establishment.--The Secretary, acting through the Health
Resources and Services Administration, shall establish a Nurse Faculty
Education Program to ensure an adequate supply of nurse faculty through
the awarding of grants to eligible entities to--
``(1) provide support for the hiring of new faculty, the
retaining of existing faculty, and the purchase of educational
resources;
``(2) provide for increasing enrollment and graduation
rates for students from doctoral programs; and
``(3) assist graduates from the entity in serving as nurse
faculty in schools of nursing;
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be a school of nursing that offers a doctoral degree
in nursing in a State or territory;
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require;
``(3) develop and implement a plan in accordance with
subsection (c);
``(4) agree to submit an annual report to the Secretary
that includes updated information on the doctoral program
involved, including information with respect to--
``(A) student enrollment;
``(B) student retention;
``(C) graduation rates;
``(D) the number of graduates employed part-time or
full-time in a nursing faculty position; and
``(E) retention in nursing faculty positions within
1 year and 2 years of employment;
``(5) agree to permit the Secretary to make on-site
inspections, and to comply with the requests of the Secretary
for information, to determine the extent to which the school is
complying with the requirements of this section; and
``(6) meet such other requirements as determined
appropriate by the Secretary.
``(c) Use of Funds.--Not later than 1 year after the receipt of a
grant under this section, an entity shall develop and implement a plan
for using amounts received under this grant in a manner that
establishes not less than 2 of the following:
``(1) Partnering opportunities with practice and academic
institutions to facilitate doctoral education and research
experiences that are mutually beneficial.
``(2) Partnering opportunities with educational
institutions to facilitate the hiring of graduates from the
entity into nurse faculty, prior to, and upon completion of the
program.
``(3) Partnering opportunities with nursing schools to
place students into internship programs which provide hands-on
opportunity to learn about the nurse faculty role.
``(4) Cooperative education programs among schools of
nursing to share use of technological resources and distance
learning technologies that serve rural students and underserved
areas.
``(5) Opportunities for minority and diverse student
populations (including aging nurses in clinical roles)
interested in pursuing doctoral education.
``(6) Pre-entry preparation opportunities including
programs that assist returning students in standardized test
preparation, use of information technology, and the statistical
tools necessary for program enrollment.
``(7) A nurse faculty mentoring program.
``(8) A Registered Nurse baccalaureate to Ph. D. program to
expedite the completion of a doctoral degree and entry to nurse
faculty role.
``(9) Career path opportunities for 2nd degree students to
become nurse faculty.
``(10) Marketing outreach activities to attract students
committed to becoming nurse faculty.
``(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to entities from States and territories
that have a lower number of employed nurses per 100,000 population.
``(e) Number and Amount of Grants.--Grants under this section shall
be awarded as follows:
``(1) In fiscal year 2006, the Secretary shall award 10
grants of $100,000 each.
``(2) In fiscal year 2007, the Secretary shall award an
additional 10 grants of $100,000 each and provide continued
funding for the existing grantees under paragraph (1) in the
amount of $100,000 each.
``(3) In fiscal year 2008, the Secretary shall award an
additional 10 grants of $100,000 each and provide continued
funding for the existing grantees under paragraphs (1) and (2)
in the amount of $100,000 each.
``(4) In fiscal year 2009, the Secretary shall provide
continued funding for each of the existing grantees under
paragraphs (1) through (3) in the amount of $100,000 each.
``(5) In fiscal year 2010, the Secretary shall provide
continued funding for each of the existing grantees under
paragraphs (1) through (3) in the amount of $100,000 each.
``(f) Limitations.--
``(1) Payment.--Payments to an entity under a grant under
this section shall be for a period of not to exceed 5 years.
``(2) Improper use of funds.--An entity that fails to use
amounts received under a grant under this section as provided
for in subsection (c) shall, at the discretion of the
Secretary, be required to remit to the Federal Government not
less than 80 percent of the amounts received under the grant.
``(g) Reports.--
``(1) Evaluation.--The Secretary shall conduct an
evaluation of the results of the activities carried out under
grants under this section.
``(2) Reports.--Not later than 3 years after the date of
the enactment of this section, the Secretary shall submit to
Congress an interim report on the results of the evaluation
conducted under paragraph (1). Not later than 6 months after
the end of the program under this section, the Secretary shall
submit to Congress a final report on the results of such
evaluation.
``(h) Study.--
``(1) In general.--Not later than 3 years after the date of
the enactment of this section, the Comptroller General of the
United States shall conduct a study and submit a report to
Congress concerning activities to increase participation in the
nurse educator program under the section.
``(2) Contents.--The report under paragraph (1) shall
include the following:
``(A) An examination of the capacity of nursing
schools to meet workforce needs on a nationwide basis.
``(B) An analysis and discussion of sustainability
options for continuing programs beyond the initial
funding period.
``(C) An examination and understanding of the
doctoral degree programs that are successful in placing
graduates as faculty in schools of nursing.
``(D) An analysis of program design under this
section and the impact of such design on nurse faculty
retention and workforce shortages.
``(E) An analysis of compensation disparities
between nursing clinical practitioners and nurse
faculty and between higher education nurse faculty and
higher education faculty overall.
``(F) Recommendations to enhance faculty retention
and the nursing workforce.
``(i) Authorization of Appropriations.--
``(1) In general.--For the costs of carrying out this
section (except the costs described in paragraph (2), there are
authorized to be appropriated $1,000,000 for fiscal year 2006,
$2,000,000 for fiscal year 2007, and $3,000,000 for each of
fiscal years 2008 through 2010.
``(2) Administrative costs.--For the costs of administering
this section, including the costs of evaluating the results of
grants and submitting reports to the Congress, there are
authorized to be appropriated such sums as may be necessary for
each of fiscal years 2006 through 2010.''.
|
Nurse Faculty Education Act of 2005 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Health Resources and Services Administration, to establish a Nurse Faculty Education Program to ensure an adequate supply of nurse faculty through the awarding of grants to eligible entities to: (1) provide support for hiring new faculty, retaining existing faculty, and purchasing educational resources; (2) provide for increasing enrollment and graduation rates for students from doctoral programs; and (3) assist graduates in serving as nurse faculty in nursing schools.
Sets forth provisions regarding eligibility requirements and permissible uses of grant funds. Directs the Secretary to give priority to entities from states and territories that have a lower number of employed nurses per 100,000 population. Directs the Secretary to award specified numbers and amounts of grants for FY2006-FY2010, subject to specified limitations.
Directs: (1) the Secretary to evaluate and report to Congress on the results of activities carried out under such grants; and (2) the Comptroller General to study and report to Congress concerning activities to increase participation in the nurse educator program.
|
{"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to authorize a demonstration program to increase the number of doctorally-prepared nurse faculty."}
| 2,045 | 224 | 0.544829 | 1.603076 | 0.81883 | 4.553488 | 9.632558 | 0.897674 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opioid Addiction Treatment Programs
Enhancement Act''.
SEC. 2. T-MSIS SUBSTANCE USE DISORDER DATA BOOK.
(a) In General.--Not later than the date that is 12 months after
the date of enactment of this Act, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary'') shall
publish on the public website of the Centers for Medicare & Medicaid
Services a report with comprehensive data on the prevalence of
substance use disorders in the Medicaid beneficiary population and
services provided for the treatment of substance use disorders under
Medicaid.
(b) Content of Report.--The report required under subsection (a)
shall include, at a minimum, the following data for each State
(including, to the extent available, for the District of Columbia,
Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands,
and American Samoa):
(1) The number and percentage of individuals enrolled in
the State Medicaid plan or waiver of such plan in each of the
major enrollment categories (as defined in a public letter from
the Medicaid and CHIP Payment and Access Commission to the
Secretary) who have been diagnosed with a substance use
disorder and whether such individuals are enrolled under the
State Medicaid plan or a waiver of such plan, including the
specific waiver authority under which they are enrolled, to the
extent available.
(2) A list of the substance use disorder treatment services
by each major type of service, such as counseling, medication
assisted treatment, peer support, residential treatment, and
inpatient care, for which beneficiaries in each State received
at least 1 service under the State Medicaid plan or a waiver of
such plan.
(3) The number and percentage of individuals with a
substance use disorder diagnosis enrolled in the State Medicaid
plan or waiver of such plan who received substance use disorder
treatment services under such plan or waiver by each major type
of service under paragraph (2) within each major setting type,
such as outpatient, inpatient, residential, and other home and
community-based settings.
(4) The number of services provided under the State
Medicaid plan or waiver of such plan per individual with a
substance use disorder diagnosis enrolled in such plan or
waiver for each major type of service under paragraph (2).
(5) The number and percentage of individuals enrolled in
the State Medicaid plan or waiver, by major enrollment
category, who received substance use disorder treatment
through--
(A) a medicaid managed care entity (as defined in
section 1932(a)(1)(B) of the Social Security Act (42
U.S.C. 1396u-2(a)(1)(B))), including the number of such
individuals who received such assistance through a
prepaid inpatient health plan or a prepaid ambulatory
health plan;
(B) a fee-for-service payment model; or
(C) an alternative payment model, to the extent
available.
(6) The number and percentage of individuals with a
substance use disorder who receive substance use disorder
treatment services in an outpatient or home and community-based
setting after receiving treatment in an inpatient or
residential setting, and the number of services received by
such individuals in the outpatient or home and community-based
setting.
(c) Annual Updates.--The Secretary shall issue an updated version
of the report required under subsection (a) not later than January 1 of
each calendar year through 2024.
(d) Use of T-MSIS Data.--The report required under subsection (a)
and updates required under subsection (c) shall--
(1) use data and definitions from the Transformed Medicaid
Statistical Information System (``T-MSIS'') data set that is no
more than 12 months old on the date that the report or update
is published; and
(2) as appropriate, include a description with respect to
each State of the quality and completeness of the data and
caveats describing the limitations of the data reported to the
Secretary by the State that is sufficient to communicate the
appropriate uses for the information.
SEC. 3. MAKING T-MSIS DATA ON SUBSTANCE USE DISORDERS AVAILABLE TO
RESEARCHERS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall publish in the
Federal Register a system of records notice for the data specified in
subsection (b) for the Transformed Medicaid Statistical Information
System, in accordance with section 552a(e)(4) of title 5, United States
Code. The notice shall outline policies that protect the security and
privacy of the data that, at a minimum, meet the security and privacy
policies of SORN 09-70-0541 for the Medicaid Statistical Information
System.
(b) Required Data.--The data covered by the systems of records
notice required under subsection (a) shall be sufficient for
researchers and States to analyze the prevalence of substance use
disorders in the Medicaid beneficiary population and the treatment of
substance use disorders under Medicaid across all States (including the
District of Columbia, Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, and American Samoa), forms of treatment, and
treatment settings.
(c) Initiation of Data-Sharing Activities.--Not later than January
1, 2019, the Secretary shall initiate the data-sharing activities
outlined in the notice required under subsection (a).
|
Opioid Addiction Treatment Programs Enhancement Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to publish annually a report on the prevalence of substance use disorders and associated treatment within the Medicaid population in each state and U.S. territory. The report must include the number of substance use disorder diagnoses and the types of treatment received. The CMS must use specified data to compile the report and must make the data available to researchers and states.
|
{"src": "billsum_train", "title": "Opioid Addiction Treatment Programs Enhancement Act"}
| 1,169 | 115 | 0.536981 | 1.416415 | 0.650634 | 1.879518 | 13.325301 | 0.795181 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Accountability and
Diversion Act of 1999''.
SEC. 2. AMENDMENTS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by redesignating the 2d part I as part K,
(2) by inserting after section 291E the following:
``Part J--Juvenile Accountability Coordinators
``establishment of program
``Sec. 292A. (a) The Administrator may make grants to units of
local government for the purpose of employing juvenile accountability
coordinators each of whom shall provide comprehensive services in
accordance with this part to juveniles (and to the families of such
juveniles) who come within the jurisdiction of the juvenile justice
system and who are not alleged to have committed a serious crime.
``(b) For the purpose of making such grants for a fiscal year, the
Administrator shall take into consideration factors that include--
``(1) the per capita rate of offenses (other than serious
crimes) committed by juveniles in the geographical area under
the jurisdiction of each unit of local government that applies
for a grant under this part for such fiscal year; and
``(2) the economic resources available to such unit of
local government to respond to such offenses committed by
juveniles.
``(c) The aggregate amount of grants made under this part to a
particular unit of local government for a fiscal year may not exceed
$300,000.
``eligibility to receive grants
``Sec. 292B. To be eligible to receive a grant under this part, the
chief executive officer of a unit of local government shall submit to
the Administrator an application at such time, in such form, and
containing such information and assurances as the Administrator may
require by rule, including the following:
``(1) An assurance that such grant will be used only to
employ, as part of the juvenile justice system administered by
such unit of local government, 1 or more qualified juvenile
accountability coordinators each of whom shall be required by
such unit of local government to perform all of the following
functions with respect to the particular juveniles who come
within the jurisdiction of such system, who are not alleged to
have committed a serious crime, and who are assigned to the
particular coordinator:
``(A) Whenever a juvenile is initially taken into
custody by any law enforcement authority of such unit
of local government for the commission of an offense
other than a serious crime, such unit of local
government shall assign a juvenile accountability
coordinator--
``(i) to contact expeditiously an
individual who is a legal guardian of such
juvenile, or other appropriate individual, for
the purpose of assisting such individual to
participate in proceedings and determinations
that will lead to the disposition of matter;
``(ii) provide on the request of such
juvenile, of a legal guardian of such juvenile,
or of another appropriate individual,
information and referral relating to
available--
``(I) mental and physical health
services;
``(II) substance abuse services;
``(III) family counseling; and
``(IV) appropriate social services;
and
``(iii) monitor compliance with the terms
and conditions of any judicial or
administrative order, or any diversion
accountability plan, as in effect pending
the final disposition of the matter on which the arrest is based.
``(B) Such coordinator shall make and maintain a
written record relating to such juvenile, including--
``(i) a description and assessment of the
circumstances under which such juvenile was
taken into custody;
``(ii) a description and assessment of the
immediate events that gave rise to such
circumstances;
``(iii) a description and assessment of the
events and circumstances occurring while such
juvenile is held in custody;
``(iv) family relationships, and family
history, of such juvenile; and
``(vi) medical history (including substance
abuse), school performance, peer associations,
and previous delinquency (if any) of such
juvenile.
``(C) While such juvenile is in the jurisdiction of
juvenile justice system, such coordinator shall assist
such authorities to achieve a comprehensive review, and
appropriate disposition, of the matter on which the
arrest is based and, by creating a diversion
accountability plan, to reduce the probability that
such juvenile will engage in unlawful behavior.
``(D) allow such juveniles to comply with the
requirements of a diversion accountability plan
developed by such coordinator with and made available
to such juvenile, in lieu of having such offense
adjudicated by the judicial authority of such unit of
local government;
``(E) not adjudicate such offense if such juvenile
agrees to comply and does comply with the requirements
specified in such plan;
``(F) require all juvenile accountability
coordinators--
``(i) to provide to the judicial
authorities of such unit of local government,
information gathered by such coordinators for
the purpose of making records required by
paragraph (1)(B); and
``(ii) to cooperate, to the maximum extent
permitted by law, with attorneys, prosecutors,
judges, parents, and juveniles involved in the
juvenile justice system, to assist in
determining appropriate sanctions to be imposed
for offenses committed by juveniles;
``(G) collect data from such coordinators and make
such data available to the Office of Juvenile Justice
and Delinquency Prevention, together with information
regarding the number of juveniles who agree to comply
with and who do comply with diversion accountability
plans; and
``(H) monitor the rate at which juveniles who
comply with such plans commit subsequent offenses while
they are juveniles.
``(2) An assurance that if a juvenile who agrees to comply
with and does comply with a diversion accountability plan, such
unit of local government will not adjudicate the offense with
respect to which such plan is developed.
``limitation
``Sec. 292C. Nothing in this part shall be construed to forbid or
require juvenile accountability coordinators to divulge to any person,
information gathered by such coordinators as a result of actions taken
in connection with arrests of juveniles for committing a 1st or 2d
offense (other than a serious crime).
``definition
``Sec. 292D. For purposes of this part, the term `diversion
accountability plan' means a plan that provides for 1 or more of the
following:
``(1) making restitution to the victim of the offense
involved;
``(2) performing community service, participation in
substance abuse counseling;
``(3) participation in mental and physical health services;
``(4) writing essays; and
``(5) performance of any other action appropriate to
mitigate or remove circumstances relating to the offense for
which such plan is developed or to prevent the commission of a
subsequent offense.
``report
``Sec. 292E. The recipient of a grant made under this title shall
submit to the Administrator such reports at such times, in such form,
and containing such information as the Administrator may require by
rule, for purposes of determining compliance with this part and the
effectiveness of providing financial assistance under this part.'', and
(3) in section 299(a)--
(A) in paragraph (1) by striking ``and I'' and
inserting ``I, and J'', and
(B) by inserting after paragraph (7) the following:
``(8) There is authorized to be appropriated to carry out part J of
this title, $50,000,000 for each of the fiscal years 2000, 2001, and
2002.''.
|
Directs the Administrator to take into consideration: (1) the per capita rate of offenses (other than serious crimes) committed by juveniles in the geographical area under the jurisdiction of each unit of local government that applies for a grant for that fiscal year; and (2) the economic resources available to such local governmental unit. Limits the aggregate amount of such grants to a particular unit of local government for a fiscal year to $300,000.
Sets forth grant eligibility requirements, including assurances that: (1) the grant will be used only to employ, as part of the juvenile justice system administered by such local governmental unit, one or more qualified juvenile accountability coordinators, subject to specified requirements (including record-keeping requirements); and (2) if a juvenile complies with a diversion accountability plan, such local governmental unit will not adjudicate the offense with respect to which such plan is developed.
Sets forth reporting requirements. Authorizes appropriations.
|
{"src": "billsum_train", "title": "Juvenile Accountability and Diversion Act of 1999"}
| 1,664 | 198 | 0.652384 | 1.827295 | 0.79798 | 5.459459 | 8.783784 | 0.897297 |
SECTION 1. SHORT TITLE.
This bill may be cited as the ``International Consumer Safety
Information Act''.
SEC. 2. INTERNATIONAL AGREEMENT FOR RECALLS OF AUTOS OR AUTO PARTS.
(a) International Agreement.--The President shall attempt to
achieve the goal of an international agreement governing the
dissemination of information about recalls by manufacturers of motor
vehicles and motor vehicle equipment with safety-related defects. The
President shall take the necessary steps to begin negotiations within
the appropriate international fora not later than 60 days after the
date of the enactment of this Act.
(b) Purpose.--The purpose of these negotiations shall be to
establish an international agreement in which government officials
agree to cooperate in furthering global transparency with respect to
motor vehicles or motor vehicle equipment recalls so as to promote
consumer safety and to enhance consumer confidence.
(c) Guidelines for Governments.--The President shall consider the
following criteria in the negotiations referred to in (a):
(1) Member states should designate a competent authority
within their own national government as the responsible
authority for disseminating, to the public and to other foreign
authorities, information about recalls of motor vehicles or
motor vehicle equipment.
(2) Member states should cooperate at the international
level through their designated authorities through information
exchange, communication, and joint action.
(3) Member states should make available, to the public and
to other governments through the collective publication of an
Internet site managed for the purpose of the international
agreement negotiated pursuant to this title, information on the
following, at a minimum:
(A) The name, title, and contact information for
the competent authority in each member state regarding
motor vehicles or motor vehicle equipment recalls.
(B) The names of companies that have issued
recalls, the companies' contact information, and the
specific products that are being recalled.
(C) The countries in which the recalls are
effective, and the date of the recall.
(4) Member states, in the interest of getting all relevant
information to their competent authorities and having those
authorities share it with other countries, should disseminate
widely the final guidelines negotiated to all relevant
government departments, agencies, and branches of government.
(5) Developed Member states should seek to assist
developing states in implementing this agreement, and to aid
efforts by developing states to ensure compliance with the
agreement.
(6) Member states should establish a framework to conduct
regular oversight and review to assess the operation and
effectiveness of the agreement and to create a forum in which
member states can share with other states the domestic laws and
regulations they have adopted to implement the agreement.
(d) Guidelines for Enterprises Engaged in Trade.--The President
shall seek to include in the international agreement guidelines on
recalls for enterprises engaged in exporting motor vehicles or motor
vehicle equipment or manufacturing motor vehicle equipment for
inclusion in vehicles to be exported. The President shall consider the
following criteria when conducting the negotiations:
(1) Transparency and disclosure.--Enterprises that export
autos or auto parts into the global market or enterprises that
manufacture component parts for autos that are sold into the
global market should disclose all relevant information
regarding a recall it undertakes to the competent authority in
the country it initiates the recall and to the competent
authority in the country in which it is incorporated. The
information should be extensive enough to facilitate the
listing referred to in (C)(3).
(2) Consumer interests.--Enterprises should be cognizant of
the fact that consumers transverse international borders and
often take their vehicles with them; therefore, the enterprises
should, to the greatest extent practical, make all consumers
aware of recalls of motor vehicles or motor vehicle equipment,
particularly in countries that border or are in proximity to a
country in which the recall was initiated.
(3) Cooperation with regulatory authorities.--Enterprises
should cooperate promptly with the national authorities in any
country that is requesting information about motor vehicle or
motor vehicle equipment recall in an effort to safeguard
consumer safety.
SEC. 3. UNITED STATES GOVERNMENT COORDINATION OF INFORMATION ON FOREIGN
RECALLS OF MOTOR VEHICLES OR MOTOR VEHICLE EQUIPMENT.
(a) Development of Expertise in Recalls of Motor Vehicles or Motor
Vehicle Equipment.--The President should designate the Secretary of
Transportation as the competent authority in the United States
Government:
(1) The Secretary of Transportation should advise the
President in negotiations referenced by section 2.
(2) The Secretary of Transportation shall coordinate with
and draw on the expertise of the appropriate officials in the
Department of State, the Office of the United States Trade
Representative, and the National Highway Traffic Safety
Administration.
(3) Until such time that the President concludes the
negotiations referenced in section 2 and until there is an
international Internet database that compiles the information
in section 2(C)(3), the Secretary of Transportation shall post
an official Internet site detailing the information to the
greatest extent possible, in section 2(C)(3) in addition to
information provided to the Secretary of Transportation by U.S.
embassies abroad about recalls of motor vehicles or motor
vehicle equipment in foreign countries.
(b) Coordinated Federal Strategy.--The Department of State shall
establish procedures by which United States embassies abroad will
inform the Secretary of Transportation immediately when the Ambassador
or commercial attache receives information about an impending or
announced recall of motor vehicles or motor vehicle equipment.
Immediately thereafter, the Secretary of Transportation shall notify
the Senate Commerce Committee and the House Commerce Committee.
|
Urges the President to designate the Secretary of Transportation as the competent authority in the United States with respect to foreign recalls of motor vehicles or motor vehicle equipment. Directs the Department of State to establish procedures by which U.S. embassies abroad will inform the Secretary immediately about an impending or announced recall of motor vehicles or motor vehicle equipment.
|
{"src": "billsum_train", "title": "International Consumer Safety Information Act"}
| 1,160 | 74 | 0.466831 | 1.224732 | 0.572719 | 5.741935 | 17.854839 | 0.967742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dam Rehabilitation and Repair Act of
2007''.
SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6), (7),
(8), (9), (10), (11), (12), and (13) as paragraphs (4), (5),
(6), (7), (8), (9), (10), (13), (14), (15), and (16),
respectively;
(2) by inserting after paragraph (2) the following:
``(3) Deficient dam.--The term `deficient dam' means a dam
that the State within the boundaries of which the dam is
located determines--
``(A) fails to meet minimum dam safety standards of
the State; and
``(B) poses an unacceptable risk to the public.'';
and
(3) by inserting after paragraph (10) (as redesignated by
paragraph (1)) the following:
``(11) Publicly-owned dam.--
``(A) In general.--The term `publicly-owned dam'
means a dam that is owned by 1 or more State agencies
or governments, local governments, or municipal
governments.
``(B) Inclusions.--The term `publicly-owned dam'
includes a dam owned by a nonprofit organization that--
``(i) is established by 1 or more State,
local, or municipal governments; and
``(ii) provides public benefits, such as--
``(I) local flood control
districts;
``(II) regional public water
utilities; and
``(III) local irrigation districts.
``(12) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State dam safety and security
standards.''.
(b) Program for Rehabilitation and Repair of Deficient Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
``(a) Establishment of Program.--The Director shall establish,
within FEMA, a program to provide grant assistance to States for use in
rehabilitation of deficient dams that are publicly-owned dams.
``(b) Award of Grants.--
``(1) Application.--
``(A) In general.--A State interested in receiving
a grant under this section may submit to the Director
an application for the grant.
``(B) Requirements.--An application submitted to
the Director under this section shall be submitted at
such time, be in such form, and contain such
information as the Director may prescribe by
regulation.
``(2) Grant.--
``(A) In general.--The Director may make a grant in
accordance with this section for rehabilitation of a
deficient dam to a State that submits an application
for the grant in accordance with the regulations
prescribed by the Director.
``(B) Project grant agreement.--The Director shall
enter into a project grant agreement with the State to
establish the terms of the grant and the project,
including the amount of the grant.
``(3) Applicability of requirements.--The Director shall
require a State receiving a grant under this section to comply
with requirements applicable to contributions of Federal funds
under section 611(j)(9) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9)), as
in effect on the date of enactment of this section, in carrying
out a project funded using amounts from the grant.
``(c) Priority System.--The Director, in consultation with the
Board, shall develop a risk-based priority system for use in
identifying deficient dams for which grants may be made under this
section.
``(d) Allocation of Funds.--The total amount of funds appropriated
pursuant to subsection (h)(1) for a fiscal year shall be allocated for
making grants under this section to States applying for the grants for
that fiscal year as follows:
``(1) \1/3\ divided equally among applying States.
``(2) \2/3\ divided among applying States based on the
proportion that--
``(A) the number of non-Federal publicly-owned dams
that the Secretary of the Army identifies in the
national inventory of dams maintained under section 6
as constituting a danger to human health and that are
located within the boundaries of the State; bears to
``(B) the number of non-Federal publicly-owned dams
that are so identified and that are located within the
boundaries of all applying States.
``(e) Use of Funds.--None of the funds provided in the form of a
grant or otherwise made available under this section shall be used--
``(1) to rehabilitate a Federal dam;
``(2) to perform routine operation or maintenance of a dam;
``(3) to modify a dam to produce hydroelectric power;
``(4) to increase water supply storage capacity; or
``(5) to make any other modification to a dam that does not
also improve the safety of the dam.
``(f) Cost Sharing.--The Federal share of the cost of
rehabilitation of a deficient dam for which a grant is made under this
section may not exceed 65 percent of the cost of the rehabilitation.
``(g) Contractual Requirements.--
``(1) In general.--Subject to paragraph (2), as a condition
on the receipt of a grant under this section, a State that
receives the grant shall require that each contract and
subcontract for program management, construction management,
planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying,
mapping, and related services entered into using funds from the
grant be awarded in the same manner as a contract for
architectural and engineering services is awarded under--
``(A) chapter 11 of title 40, United States Code;
or
``(B) an equivalent qualifications-based
requirement prescribed by the State.
``(2) No proprietary interest.--A contract awarded in
accordance with paragraph (1) shall not be considered to confer
a proprietary interest upon the United States.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $10,000,000 for fiscal year 2008;
``(B) $15,000,000 for fiscal year 2009;
``(C) $25,000,000 for fiscal year 2010;
``(D) $50,000,000 for fiscal year 2011; and
``(E) $100,000,000 for fiscal year 2012.
``(2) Staff.--There is authorized to be appropriated to
provide for the employment of such additional staff of FEMA as
are necessary to carry out this section $400,000 for each of
fiscal years 2008 through 2010.
``(3) Period of availability.--Amounts made available under
this section shall remain available until expended.''.
SEC. 3. RULEMAKING.
(a) Proposed Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Director of the Federal Emergency Management
Agency shall issue a notice of proposed rulemaking regarding the
amendments made by section 2 to the National Dam Safety Program Act (33
U.S.C. 467 et seq.).
(b) Final Rule.--Not later than 120 days after the date of
enactment of this Act, the Director of the Federal Emergency Management
Agency shall promulgate a final rule regarding the amendments described
in subsection (a).
|
Dam Rehabilitation and Repair Act of 2007 - Amends the National Dam Safety Program Act to require the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams).
Sets forth provisions regarding procedures for grant awards and fund allocation. Requires: (1) a state receiving a grant under this Act to comply with requirements applicable to contributions of federal funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (2) FEMA to develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 65%.
Prohibits funds from being used to: (1) rehabilitate a federal dam; (2) perform routine operation or maintenance; (3) modify a dam to produce hydroelectric power; (4) increase water supply storage capacity; or (5) make any other modification that does not also improve safety.
Conditions the receipt of grants by states upon compliance with specified requirements regarding contracts for architectural and engineering services. Provides that such contracts shall not be considered to confer a proprietary interest upon the United States.
|
{"src": "billsum_train", "title": "A bill to amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams."}
| 1,758 | 266 | 0.557123 | 1.502325 | 0.815168 | 4.089431 | 6.621951 | 0.910569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Baseline Reform Act of 2012''.
SEC. 2. THE BASELINE.
Section 257 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
``SEC. 257. THE BASELINE.
``(a) In General.--(1) For any fiscal year, the baseline refers to
a projection of current-year levels of new budget authority, outlays,
or receipts and the surplus or deficit for the current year, the budget
year, and the ensuing nine outyears based on laws enacted through the
applicable date.
``(2) The baselines referred to in paragraph (1) shall be prepared
annually.
``(b) Direct Spending and Receipts.--For the budget year and each
outyear, estimates for direct spending in the baseline shall be
calculated as follows:
``(1) In general.--Laws providing or creating direct
spending and receipts are assumed to operate in the manner
specified in those laws for each such year and funding for
entitlement authority is assumed to be adequate to make all
payments required by those laws.
``(2) Exceptions.--(A)(i) No program established by a law
enacted on or before the date of enactment of the Balanced
Budget Act of 1997 with estimated current year outlays greater
than $50,000,000 shall be assumed to expire in the budget year
or the outyears. The scoring of new programs with estimated
outlays greater than $50,000,000 a year shall be based on
scoring by the Committees on the Budget or OMB, as applicable.
OMB, CBO, and the Committees on the Budget shall consult on the
scoring of such programs where there are differences between
CBO and OMB.
``(ii) On the expiration of the suspension of a provision
of law that is suspended under section 171 of Public Law 104-
127 and that authorizes a program with estimated fiscal year
outlays that are greater than $50,000,000, for purposes of
clause (i), the program shall be assumed to continue to operate
in the same manner as the program operated immediately before
the expiration of the suspension.
``(B) The increase for veterans' compensation for a fiscal
year is assumed to be the same as that required by law for
veterans' pensions unless otherwise provided by law enacted in
that session.
``(C) Excise taxes dedicated to a trust fund, if expiring,
are assumed to be extended at current rates.
``(D) If any law expires before the budget year or any
outyear, then any program with estimated current year outlays
greater than $50,000,000 that operates under that law shall be
assumed to continue to operate under that law as in effect
immediately before its expiration.
``(3) Hospital insurance trust fund.--Notwithstanding any
other provision of law, the receipts and disbursements of the
Hospital Insurance Trust Fund shall be included in all
calculations required by this Act.
``(c) Discretionary Spending.--For the budget year and each of the
nine ensuing outyears, the baseline shall be calculated using the
following assumptions regarding all amounts other than those covered by
subsection (b):
``(1) Estimated appropriations.--Budgetary resources other
than unobligated balances shall be at the level provided for
the budget year in full-year appropriation Acts. If for any
account a full-year appropriation has not yet been enacted,
budgetary resources other than unobligated balances shall be at
the level available in the current year.
``(2) Current-year appropriations.--If, for any account, a
continuing appropriation is in effect for less than the entire
current year, then the current-year amount shall be assumed to
equal the amount that would be available if that continuing
appropriation covered the entire fiscal year. If law permits
the transfer of budget authority among budget accounts in the
current year, the current-year level for an account shall
reflect transfers accomplished by the submission of, or assumed
for the current year in, the President's original budget for
the budget year.
``(d) Up-To-Date Concepts.--In calculating the baseline for the
budget year or each of the nine ensuing outyears, current-year amounts
shall be calculated using the concepts and definitions that are
required for that budget year.
``(e) Asset Sales.--Amounts realized from the sale of an asset
shall not be included in estimates under section 251, 251A, 252, or 253
of this part or section 5 of the Statutory Pay-As-You-Go Act of 2010 if
that sale would result in a financial cost to the Government as
determined pursuant to scorekeeping guidelines.''.
SEC. 3. ADDITIONAL CBO REPORT TO BUDGET COMMITTEES.
Section 202(e) of the Congressional Budget Act of 1974 is amended
by adding at the end the following new paragraphs:
``(4)(A) After the President's budget submission under
section 1105(a) of title 31, United States Code, in addition to
the baseline projections, the Director shall submit to the
Committees on the Budget of the House of Representatives and
the Senate a supplemental projection assuming extension of
current tax policy for the fiscal year commencing on October 1
of that year with a supplemental projection for the 10 fiscal-
year period beginning with that fiscal year, assuming the
extension of current tax policy.
``(B) For the purposes of this paragraph, the term `current
tax policy' means the tax policy in statute as of December 31
of the current year assuming--
``(i) the budgetary effects of measures extending
the Economic Growth and Tax Relief Reconciliation Act
of 2001;
``(ii) the budgetary effects of measures extending
the Jobs and Growth Tax Relief Reconciliation Act of
2003;
``(iii) the continued application of the
alternative minimum tax as in effect for taxable years
beginning in 2011 pursuant to title II of the Tax
Relief, Unemployment Insurance Reauthorization, and Job
Creation Act of 2010, assuming that for taxable years
beginning after 2011 the exemption amount shall equal--
``(I) the exemption amount for taxable
years beginning in 2011, as indexed for
inflation; or
``(II) if a subsequent law modifies the
exemption amount for later taxable years, the
modified exemption amount, as indexed for
inflation; and
``(iv) the budgetary effects of extending the
estate, gift, and generation-skipping transfer tax
provisions of title III of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of
2010.
``(5) On or before July 1 of each year, the Director shall
submit to the Committees on the Budget of the House of
Representatives and the Senate, the Long-Term Budget Outlook
for the fiscal year commencing on October 1 of that year and at
least the ensuing 40 fiscal years.''.
Passed the House of Representatives February 3, 2012.
Attest:
KAREN L. HAAS,
Clerk.
|
Baseline Reform Act of 2012 - (Sec. 2) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise the formula for establishing the budget baseline.
Revises the annual baseline, for any fiscal year, to mean a projection of current-year levels of new budget authority (as under current law), outlays (as under current law), or receipts (instead of revenues) and the surplus or deficit (as under current law) for the current year, the budget year, and the ensuing nine outyears based on laws enacted through the applicable date.
Includes estimates for direct spending in the baseline calculation formula for the budget year and each outyear.
Revises the formula for calculating the baseline for discretionary spending for the budget year and each outyear to eliminate adjustments for: (1) expiring multiyear subsidized housing contracts; (2) administrative expenses of the Federal Hospital Insurance Trust Fund, the Supplementary Medical Insurance Trust Fund, the Unemployment Trust Fund, and the Railroad Retirement account; (3) offsets to federal employees' annual pay; and (4) certain inflators used to adjust budgetary resources in the Act.
(Sec. 3) Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office (CBO), after the President's budget submission and in addition to the baseline projections, to report a supplemental projection to the congressional budget committees, assuming extension of current tax policy for the fiscal year commencing on October 1 of that year, with a supplemental projection for the 10-fiscal year period beginning with that fiscal year, again assuming the extension of current tax policy.
Defines "current tax policy" as the tax policy in statute as of December 31 of the current year, assuming: (1) the budgetary effects of measures extending the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003; (2) the continued application of the alternative minimum tax (AMT) as in effect for taxable years beginning in 2011, with a specified assumption for taxable years beginning after 2011; and (3) the budgetary effects of extending the estate, gift, and generation-skipping transfer tax provisions of title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010.
Requires CBO to report to such committees, on or before July 1 of each year, the Long-Term Budget Outlook for: (1) the fiscal year commencing on October 1 of that year, and (2) at least the ensuing 40 fiscal years.
|
{"src": "billsum_train", "title": "To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to reform the budget baseline."}
| 1,566 | 570 | 0.575044 | 1.806699 | 0.723194 | 4.40198 | 2.835644 | 0.90099 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Colorado Ute
Settlement Act Amendments of 1998''.
(b) Findings.--Congress finds that in order to provide for a full
and final settlement of the claims of the Colorado Ute Indian Tribes,
the Tribes have agreed to reduced water supply facilities.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' has the meaning
given that term in section 3(1) of the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-585).
(2) Animas-la plata project.--The term ``Animas-La Plata
Project'' has the meaning given that term in section 3(2) of
the Colorado Ute Indian Water Rights Settlement Act of 1988
(Public Law 100-585).
(3) Dolores project.--The term ``Dolores Project'' has the
meaning given that term in section 3(3) of the Colorado Ute
Indian Water Rights Settlement Act of 1988 (Public Law 100-
585).
(4) Tribe; tribes.--The term ``Tribe'' or ``Tribes'' has
the meaning given that term in section 3(6) of the Colorado Ute
Indian Water Rights Settlement Act of 1988 (Public Law 100-
585).
SEC. 3. AMENDMENTS TO THE COLORADO UTE INDIAN WATER RIGHTS SETTLEMENT
ACT OF 1988.
(a) Reservoir; Municipal and Industrial Water.--Section 6(a) of the
Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law
100-585) is amended to read as follows:
``(a) Reservoir; Municipal and Industrial Water.--
``(1) In general.--After the date of enactment of the
Colorado Ute Settlement Act Amendments of 1998, the Secretary
shall provide--
``(A) for the construction, as components of the
Animas-La Plata Project, of--
``(i) a reservoir with a storage capacity
of 260,000 acres-feet; and
``(ii) a pumping plant and a reservoir
inlet conduit; and
``(B) through the use of the project components
referred in subparagraph (A), municipal and industrial
water allocations in such manner as to result in
allocations--
``(i) to the Southern Ute Tribe, with an
average annual depletion of an amount not to
exceed 16,525 acre-feet of water;
``(ii) to the Ute Mountain Ute Indian
Tribe, with an average annual depletion of an
amount not to exceed 16,525 acre-feet of water;
``(iii) to the Navajo Nation, with an
average annual depletion of an amount not to
exceed 2,340 acre-feet of water;
``(iv) to the San Juan Water Commission,
with an average annual depletion of an amount
not to exceed 10,400 acre-feet of water; and
``(v) to the Animas-La Plata Conservancy
District, with an average annual depletion of
an amount not to exceed 2,600 acre-feet of
water.
``(2) Tribal construction costs.--Construction costs
allocable to the Navajo Nation and to each Tribe's municipal
and industrial water allocation from the Animas-La Plata
Project shall be nonreimbursable.
``(3) Nontribal water capital obligations.--The nontribal
municipal and industrial water capital repayment obligations
for the Animas-La Plata Project shall be satisfied, upon the
payment in full--
``(A) by the San Juan Water Commission, of an
amount equal to $8,600,000;
``(B) by the Animas-La Plata Water Conservancy
District, of an amount equal to $4,400,000; and
``(C) by the State of Colorado, of an amount equal
to $16,000,000, as a portion of cost-sharing obligation
of the State of Colorado recognized in the Agreement in Principle
Concerning the Colorado Ute Indian Water Rights Settlement and Animas-
La Plata Cost Sharing that the State of Colorado entered into on June
30, 1986.
``(4) Certain nonreimbursable costs.--Any cost of a
component of the Animas-La Plata Project described in paragraph
(1) that is attributed to and required for recreation,
environmental compliance and mitigation, the protection of
cultural resources, or fish and wildlife mitigation and
enhancement shall be nonreimbursable.
``(5) Tribal water allocations.--
``(A) In general.--With respect to municipal and
industrial water allocated to a Tribe from the Animas-
La Plata Project or the Dolores Project, until that
water is first used by a Tribe or pursuant to a water
use contract with the Tribe, the Secretary shall pay
the annual operation, maintenance, and replacement
costs allocable to that municipal and industrial water
allocation of the Tribe.
``(B) Treatment of costs.--A Tribe shall not be
required to reimburse the Secretary for the payment of
any cost referred to in subparagraph (A).
``(6) Repayment of pro rata share.--As an increment of a
municipal and industrial water allocation of a Tribe described
in paragraph (5) is first used by a Tribe or is first used
pursuant to the terms of a water use contract with the Tribe--
``(A) repayment of that increment's pro rata share
of those allocable construction costs for the Dolores
Project shall commence by the Tribe; and
``(B) the Tribe shall commence bearing that
increment's pro rata share of the allocable annual
operation, maintenance, and replacement costs referred
to in paragraph (5)(A).''.
(b) Remaining Water Supplies.--Section 6(b) of the Colorado Ute
Indian Water Rights Settlement Act of 1988 (Public Law 100-585) is
amended by adding at the end the following:
``(3) At the request of the Animas-La Plata Water
Conservancy District of Colorado or the La Plata Conservancy
District of New Mexico, the Secretary shall take such action as
may be necessary to provide, after the date of enactment of the
Colorado Ute Settlement Act Amendments of 1998, water
allocations--
``(A) to the Animas-La Plata Water Conservancy
District of Colorado, with an average annual depletion
of an amount not to exceed 5,230 acre-feet of water;
and
``(B) to the La Plata Conservancy District of New
Mexico, with an average annual depletion of an amount
not to exceed 780 acre-feet of water.
``(4) If depletions of water in addition to the depletions
otherwise permitted under this subsection may be made in a
manner consistent with the requirements of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary
shall provide for those depletions by making allocations among
the beneficiaries of the Animas-La Plata Project in accordance
with an agreement among the beneficiaries relating to those
allocations.''.
(c) Miscellaneous.--Section 6 of the Colorado Ute Indian Water
Rights Settlement Act of 1988 (Public Law 100-585) is amended by adding
at the end the following:
``(i) Transfer of Water Rights.--Upon request of the State Engineer
of the State of New Mexico, the Secretary shall, in a manner consistent
with applicable State law, transfer, without consideration, to the New
Mexico Animas-La Plata Project beneficiaries or the New Mexico
Interstate Stream Commission any portion of the interests in water
rights of the Department of the Interior under New Mexico Engineer
permit number 2883, dated May 1, 1956, in order to fulfill the New
Mexico purposes of the Animas La-Plata Project.
``(j) Treatment of Certain Reports.--
``(1) In general.--The April 1996 Final Supplement to the
Final Environmental Impact Statement, Animas-La Plata Project
issued by the Department of the Interior and all documents
incorporated therein and attachments thereto, and the February
19, 1996, Final Biological Opinion of the United States Fish
and Wildlife Service, Animas-La Plata Project shall be
considered to be adequate to satisfy any applicable requirement
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) with respect to--
``(A) the amendments made to this section by the
Colorado Ute Indian Water Rights Settlement Act
Amendments of 1998;
``(B) the initiation of, and completion of
construction of the facilities described in this
section; and
``(C) an aggregate depletion of 57,100 acre-feet of
water (or any portion thereof) as described and
approved in that biological opinion.
``(2) Statutory construction.--Nothing in this subsection
shall affect--
``(A) the construction of facilities that are not
described in this section; or
``(B) any use of water that is not described and
approved by the Director of the United States Fish and
Wildlife Service in the final biological opinion
described in paragraph (1).
``(k) Final Settlement.--
``(1) In general.--The provision of water to the Tribes in
accordance with this section shall constitute final settlement
of the tribal claims to water rights on the Animas and La Plata
Rivers.
``(2) Statutory construction.--Nothing in this section may
be construed to affect the right of the Tribes to water rights
on the streams and rivers described in the Agreement, other
than the Animas and La Plata Rivers, to participate in the
Animas-La Plata Project, to receive the amounts of water
dedicated to tribal use under the Agreement, or to acquire
water rights under the laws of the State of Colorado.
``(3) Action by the attorney general.--The Attorney General
of the United States shall file with the District Court, Water
Division Number 7, of the State of Colorado such instruments as
may be necessary to request the court to amend the final
consent decree to provide for the amendments made to this
section under section 2 of the Colorado Ute Settlement Act
Amendments of 1998.''.
SEC. 4. STATUTORY CONSTRUCTION; TREATMENT OF CERTAIN FUNDS.
(a) In General.--Nothing in the amendments made by this Act to
section 6 of the Colorado Ute Indian Water Rights Settlement of 1988
(Public Law 100-585) shall affect--
(1) the applicability of any other provision of that Act;
(2) the obligation of the Secretary of the Interior to
deliver water from the Dolores Project and to complete the
construction of the facilities located on the Ute Mountain Ute
Indian Reservation described in--
(A) the Department of the Interior and Related
Agencies Appropriations Act, 1991 (Public Law 101-512);
(B) the Department of the Interior and Related
Agencies Appropriations Act, 1992 (Public Law 102-154);
(C) the Department of the Interior and Related
Agencies Appropriations Act, 1993 (Public Law 102-381);
(D) the Department of the Interior and Related
Agencies Appropriations Act, 1994 (Public Law 103-138);
and
(E) the Department of the Interior and Related
Agencies Appropriations Act, 1995 (Public Law 103-332);
or
(3) the treatment of the uncommitted portion of the cost-
sharing obligation of the State of Colorado referred to in
subsection (b).
(b) Treatment of Uncommitted Portion of Cost-Sharing Obligation.--
The uncommitted portion of the cost-sharing obligation of the State of
Colorado referred to in section 6(a)(3) of the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-585), as added by
section 3[(a)] of this Act, remains available after the date of payment
of the amount specified in that section and may be used to assist in
the funding of any component of the Animas-La Plata Project that is not
described in such section 6(a)(3).
|
Colorado Ute Settlement Act Amendments of 1998 - Amends the Colorado Ute Indian Water Rights Settlement Act of 1988 to require the Secretary of the Interior to provide: (1) for construction of a reservoir with a storage capacity of 260,000 acres-feet, a pumping plant, and a reservoir inlet conduit as components of the Animas-La Plata Project (Project), Colorado and New Mexico; and (2) through the use of such components, specified municipal and industrial water allocations to the San Juan Water Commission, Animas-La Plata Conservancy District (Conservancy District), Southern Ute and Ute Mountain Ute tribes, and Navajo Nation.
Provides that construction costs allocable to the Navajo Nation and to each tribe's water allocation from the Project shall be nonreimbursable.
Requires nontribal water capital repayment obligations for the Project to be satisfied upon the payment of specified amounts by the Commission, Conservancy District, and the State of Colorado.
Provides that costs of Project components attributed to and required for recreation, environmental compliance, protection of cultural resources, or fish and wildlife mitigation and enhancement shall be nonreimbursable.
Sets forth provisions regarding the repayment of Project costs.
Requires the Secretary, at the request of the Conservancy District or the La Plata Conservancy District of New Mexico, to provide specified water allocations to such parties.
Requires the Secretary, upon request of the State Engineer of New Mexico, to transfer to the New Mexico Project beneficiaries or the New Mexico Interstate Stream Commission any portion of Department of the Interior interests in water rights under a specified permit in order to fulfill the New Mexico purposes of the Project.
Considers a specified supplement to an environmental impact statement and a biological opinion for the Project to be adequate for purposes of requirements under the Endangered Species Act of 1973, the National Environmental Policy Act of 1969, or the Federal Water Pollution Control Act with respect to: (1) amendments made by this Act; (2) initiation and completion of construction of facilities; and (3) an aggregate depletion of 57,100 acre-feet of water as approved in the opinion.
Requires the provision of water to the Ute tribes to constitute final settlement of the tribal claims to water rights on the Animas and La Plata Rivers.
|
{"src": "billsum_train", "title": "Colorado Ute Settlement Act Amendments of 1998"}
| 2,858 | 524 | 0.665973 | 2.179708 | 0.706273 | 4.178654 | 5.665893 | 0.962877 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ATM Public Safety and Crime Control
Act''.
SEC. 2. ENHANCED SECURITY MEASURES REQUIRED AT DEPOSITORY INSTITUTIONS.
(a) Banks and Savings Associations.--Section 3 of the Bank
Protection Act of 1968 (12 U.S.C. 1882) is amended by adding at the end
the following new subsection:
``(c) Enhanced Surveillance Requirements.--With respect to each
surveillance camera which a depository institution is required to
maintain under the regulations prescribed under subsection (a), each
Federal supervisory agency shall prescribe, on the basis of
recommendations made by the Director of the Federal Bureau of
Investigation pursuant to section 540C(c) of title 28, United States
Code, regulations which require the depository institution to--
``(1) provide lighting and a surveillance camera of
sufficient quality to produce surveillance pictures which can
be used effectively as evidence in a criminal prosecution of
illegal activities at the location monitored by the camera; and
``(2) operate such camera in a manner which does not
compromise the quality of the surveillance pictures.''.
(b) Credit Unions.--Section 205(e) of the Federal Credit Union Act
(12 U.S.C. 1785(e)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2), the following new
paragraph:
``(3) Enhanced surveillance requirements.--With respect to
each surveillance camera which an insured credit union is
required to maintain under the regulations prescribed under
paragraph (1), the Board shall prescribe, on the basis of
recommendations made by the Director of the Federal Bureau of
Investigation pursuant to section 540C(c) of title 28, United
States Code, regulations which require the credit union to--
``(A) provide lighting and a surveillance camera of
sufficient quality to produce surveillance pictures
which can be used effectively as evidence in a criminal
prosecution of illegal activities at the location
monitored by the camera; and
``(B) operate such camera in a manner which does
not compromise the quality of the surveillance
pictures.''.
SEC. 3. STUDY AND TECHNICAL RECOMMENDATIONS BY FBI.
(a) In General.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 540C. Technical recommendations on surveillance equipment
``(a) Review of Crime Prevention Standards and Procedures.--In
order to reduce the incidence of crimes under section 2113 of title 18,
other violations of such title, and other criminal activity on the
property of or in the vicinity of financial institutions (as defined in
section 20 of such title) and to facilitate more effective prosecutions
of such crimes, the Director of the Federal Bureau of Investigation
shall periodically review the standards and procedures applicable with
respect to security requirements established under section 3 of the
Bank Protection Act of 1968 and section 205(e) of the Federal Credit
Union Act.
``(b) Consultation With Attorney General.--In conducting any review
under subsection (a), the Director of the Federal Bureau of
Investigation shall consult with the Attorney General to ascertain the
extent to which inadequate security measures, or improperly maintained
security equipment, at financial institutions has hindered effective
prosecutions under section 2113 of title 18, United States Code, or
other criminal provisions.
``(c) Recommendations.--Before the end of the 6-month period
beginning on the date of the enactment of the ATM Public Safety and
Crime Control Act and at such times after such date as the Director of
the Federal Bureau of Investigation may determine to be appropriate,
the Director shall make technical recommendations to the Federal
banking agencies (as defined in section 3 of the Federal Deposit
Insurance Act) and the National Credit Union Administration Board on
standards and procedures for meeting the purposes of section 3 of the
Bank Protection Act of 1968 and section 205(e) of the Federal Credit
Union Act.''.
(b) Report to Judiciary Committees.--The Director of the Federal
Bureau of Investigation shall submit a copy of any recommendations made
in accordance with section 540C(c) of title 28, United States Code, to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate at the same time such
recommendations are transmitted to the Federal banking agencies and the
National Credit Union Administration Board in accordance with such
section.
(c) Clerical Amendment.--The table of sections for chapter 33 of
title 28, United States Code, is amended by inserting after the item
relating to section 540B the following new item:
``540C. Technical recommendations on surveillance equipment.''.
SEC. 4. INITIAL IMPLEMENTATION OF REGULATIONS.
(a) Timetable for Regulations.--The Federal banking agencies and
the National Credit Union Administration Board shall prescribe final
regulations pursuant to section 3(c) of the Bank Protection Act of 1968
and section 205(c)(3) of the Federal Credit Union Act, respectively,
before the end of the 6-month period beginning on the date the
technical recommendations of the Director of the Federal Bureau of
Investigation are received by such agencies in accordance with section
540C(c) of title 28, United States Code.
(b) Effective Date of Regulations.--The regulations referred to in
subsection (a) shall require depository institutions and credit unions
to achieve compliance with such regulations by the end of the 6-month
period beginning on the date the final regulations are published in the
Federal Register.
SEC. 5. AMENDMENTS TO DEFINITIONS.
Section 2 of the Bank Protection Act of 1968 (12 U.S.C. 1881) is
amended to read as follows:
``SEC. 2. DEFINITIONS.
``The following definitions shall apply for purposes of this Act:
``(1) Depository institution.--The term `depository
institution' has the meaning given to such term in section 3(c)
of the Federal Deposit Insurance Act.
``(2) Federal supervisory agency.--The term `Federal
supervisory agency' has the meaning given to the term
`appropriate Federal banking agency' in section 3 of the
Federal Deposit Insurance Act.''.
|
ATM Public Safety and Crime Control Act - Amends the Bank Protection Act of 1968 and the Federal Credit Union Act to direct each Federal banking supervisory agency and the National Credit Union Administration Board (NCUAB), respectively, to require a depository institution to: (1) provide lighting and a surveillance camera of sufficient quality to produce surveillance pictures which can be used effectively as evidence in a criminal prosecution of illegal activities at the location monitored by the camera; and (2) operate such camera in a manner which does not compromise the quality of the surveillance pictures.Amends the Federal Judicial Code to instruct the Director of the Federal Bureau of Investigation to: (1) periodically review the standards and procedures applicable to such surveillance and security requirements; and (2) make technical recommendations to the Federal banking agencies and the NCUAB on standards and procedures to implement this Act.Sets forth a timetable for the Federal banking agencies and the NCUAB to prescribe final regulations that require depository institutions and credit unions to achieve compliance with this Act.
|
{"src": "billsum_train", "title": "To amend the Bank Protection Act of 1968 and the Federal Credit Union Act to require enhanced security measures at depository institutions and automated teller machines sufficient to provide surveillance pictures which can be used effectively as evidence in criminal prosecutions, to amend title 28, United States Code, to require the Federal Bureau of Investigation to make technical recommendations with regard to such security measures, and for other purposes."}
| 1,373 | 211 | 0.678455 | 2.033114 | 0.903515 | 5.605128 | 6.358974 | 0.938462 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Authorized Rural
Water Projects Completion Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--RECLAMATION RURAL WATER CONSTRUCTION AND SETTLEMENT
IMPLEMENTATION FUND
Sec. 101. Establishment.
Sec. 102. Accounts.
Sec. 103. Deposits to Fund.
Sec. 104. Expenditures from Fund.
Sec. 105. Investments of amounts.
Sec. 106. Transfers of amounts.
Sec. 107. Termination.
TITLE II--RURAL WATER PROJECTS
Sec. 201. Rural water projects.
Sec. 202. Restrictions.
TITLE III--RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION
Sec. 301. Reclamation infrastructure and settlement implementation.
SEC. 2. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Reclamation Rural
Water Construction and Settlement Implementation Fund
established by section 101.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Rural water project.--The term ``rural water project''
means a project that is designed to provide domestic,
industrial, municipal, or residential water to a small
community or group of small communities, including Indian
tribes and tribal organizations.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
TITLE I--RECLAMATION RURAL WATER CONSTRUCTION AND SETTLEMENT
IMPLEMENTATION FUND
SEC. 101. ESTABLISHMENT.
There is established in the Treasury of the United States a fund,
to be known as the ``Reclamation Rural Water Construction and
Settlement Implementation Fund'', consisting of--
(1) such amounts as are deposited in the Fund under section
103; and
(2) any interest earned on investment of amounts in the
Fund under section 105.
SEC. 102. ACCOUNTS.
Within the Fund, there are established the following accounts:
(1) The Rural Water Project Account.
(2) The Reclamation Infrastructure and Settlement
Implementation Account.
SEC. 103. DEPOSITS TO FUND.
(a) In General.--For each of fiscal years 2018 through 2038, the
Secretary of the Treasury shall deposit in the Fund $115,000,000 of the
revenues that would otherwise be deposited for the fiscal year in the
reclamation fund established by the first section of the Act of June
17, 1902 (32 Stat. 388, chapter 1093), of which--
(1) $80,000,000 for each fiscal year shall be deposited in
the Rural Water Project Account established by section 102(1);
and
(2) $35,000,000 for each fiscal year shall be deposited in
the Reclamation Infrastructure and Settlement Implementation
Account established by section 102(2).
(b) Availability of Amounts.--Amounts deposited in the Fund under
subsection (a) shall--
(1) be made available in accordance with this section,
without further appropriation; and
(2) be in addition to amounts appropriated for rural water
projects and the implementation of reclamation infrastructure
and settlements under any other provision of law.
(c) Limitation.--Notwithstanding subsections (a) and (b), no
amounts may be deposited in, or made available from, the Fund under
those subsections if the transfer or availability of the amounts would
increase the deficit.
SEC. 104. EXPENDITURES FROM FUND.
(a) In General.--Subject to subsection (b), for each of fiscal
years 2018 through 2038, the Secretary may expend from the Fund, in
accordance with this Act, not more than the sum of--
(1) $115,000,000, to be allocated from the amounts in the
accounts specified in section 102; and
(2) the amount of interest accrued in the Fund within each
account for the fiscal year in which the expenditures are made,
with the interest accrued within each account used only for
expenditures from that account.
(b) Additional Expenditures.--
(1) In general.--The Secretary may expend more than
$115,000,000 for any fiscal year referred to in subsection (a)
if the additional amounts are available in the Fund as a result
of a failure of the Secretary to expend all of the amounts
available under subsection (a) in 1 or more prior fiscal years.
(2) Retention in accounts.--Any additional amounts referred
to in paragraph (1) shall--
(A) be retained within the account to which the
amounts were designated;
(B) accrue interest for the designated account in
accordance with this title; and
(C) only be expended for the purposes for which
expenditures from the designated accounts are
authorized.
SEC. 105. INVESTMENTS OF AMOUNTS.
(a) In General.--The Secretary shall invest such portion of the
Fund as is not, in the judgment of the Secretary, required to meet
current withdrawals.
(b) Credits to Fund.--The interest on, and the proceeds from the
sale or redemption of, any obligations held in the Fund shall be
credited to, and form a part of, the Fund.
SEC. 106. TRANSFERS OF AMOUNTS.
(a) In General.--The amounts required to be transferred to the Fund
under this title shall be transferred at least monthly from the general
fund of the Treasury to the Fund on the basis of estimates made by the
Secretary of the Treasury.
(b) Adjustments.--Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates are in excess
of, or less than, the amounts required to be transferred.
SEC. 107. TERMINATION.
On September 30, 2038--
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund
shall be transferred to the reclamation fund established by the
first section of the Act of June 17, 1902 (32 Stat. 388,
chapter 1093).
TITLE II--RURAL WATER PROJECTS
SEC. 201. RURAL WATER PROJECTS.
Subject to section 202, for each of fiscal years 2018 through 2038,
the Secretary may use not less than $80,000,000 of the amounts
available in the Rural Water Project Account established by section
102(1) to complete construction of rural water projects--
(1) authorized to be carried out by the Secretary on or
before the date of enactment of this Act; or
(2) for which--
(A) pursuant to section 106(e) of the Rural Water
Supply Act of 2006 (43 U.S.C. 2405(e)), a feasibility
study has been submitted to the Secretary by February
27, 2015; and
(B) an Act of Congress after the date of enactment
of this Act has authorized the construction of the
project.
SEC. 202. RESTRICTIONS.
(a) No Operation and Maintenance Costs.--The Secretary shall not
use any amounts from the Fund to pay for operation and maintenance
costs of a rural water project authorized under section 201.
(b) Conditions.--The Secretary shall not expend any amounts from
the Fund to carry out this title until the date on which the Secretary
develops--
(1) programmatic goals to carry out this title that--
(A) would enable the completion of construction of
the authorized rural water projects as expeditiously as
practicable; and
(B) reflect--
(i) the goals and priorities identified in
the laws authorizing the authorized rural water
projects; and
(ii) the goals of the Reclamation Rural
Water Supply Act of 2006 (43 U.S.C. 2401 et
seq.); and
(2) funding prioritization criteria to serve as a
methodology for distributing funds under this title that take
into account--
(A) an evaluation of the urgent and compelling need
for potable water supplies in the affected rural and
tribal communities;
(B) the status of the current stages of completion
of the authorized rural water project;
(C) the financial needs of the affected rural and
tribal communities;
(D) the potential economic benefits of the
expenditures on job creation and general economic
development in the affected rural and tribal
communities;
(E) the ability of the authorized rural water
project to address regional and watershed level water
supply needs;
(F) the ability of the authorized rural water
project--
(i) to minimize water and energy
consumption; and
(ii) to encourage the development of
renewable energy resources, such as wind,
solar, and hydropower elements;
(G) the need for the authorized rural water project
to address--
(i) the needs of Indian tribes and members
of Indian tribes; and
(ii) other community needs or interests;
and
(H) such other factors as the Secretary determines
to be appropriate to prioritize the use of available
funds.
TITLE III--RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION
SEC. 301. RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION.
Consistent with section 104, for each of fiscal years 2018 through
2038, the Secretary shall use not less than $35,000,000, plus accrued
interest, of the amounts authorized to be expended from the Reclamation
Infrastructure and Settlement Implementation Account established by
section 102(2)--
(1) to provide compensation authorized under an Act of
Congress to extinguish or otherwise resolve all monetary claims
of an Indian tribe against the United States relating to the
continued and past use of the land of the Indian tribe by the
United States for the generation of hydropower; or
(2) to complete construction, planning, and design of
projects and implement provisions authorized under 1 or more
Acts of Congress that--
(A) settle or otherwise resolve, in whole or in
part, litigation involving the United States and the
rights of 1 or more Indian tribes to access, use, or
manage water resources; or
(B) implement agreements approved by Congress
pursuant to which 1 or more Indian tribes agree to some
limitation on the exercise of rights or claims to
access, use, or manage water resources.
|
Authorized Rural Water Projects Completion Act This bill establishes the Reclamation Rural Water Construction and Settlement Implementation Fund, which shall consist of the Rural Water Project Account and the Reclamation Infrastructure and Settlement Implementation Account. The Department of the Treasury shall deposit into such accounts for each of FY2018-FY2038 specified revenues that would otherwise be deposited in the reclamation fund established by the Reclamation Act of 1902. The bill permits the Department of the Interior to use specified Rural Water Project Account funds to complete construction of rural water projects: (1) authorized before this bill's enactment, or (2) for which a feasibility study was submitted by February 27, 2015, pursuant to the Rural Water Supply Act of 2006 and for which Congress authorizes construction after enactment of this bill. Interior may not expend any amounts from the fund to carry this out until development of: (1) programmatic goals that would enable the completion of construction of the authorized rural water projects as expeditiously as practicable and that reflect the priorities identified in the laws authorizing the projects; and (2) funding prioritization criteria to serve as a methodology for distributing funds that take into account specified factors, including the need for potable water supplies in the affected rural and tribal communities. Interior shall use specified Reclamation Infrastructure and Settlement Implementation Account funds to: (1) provide authorized compensation to resolve all monetary claims of an Indian tribe against the United States relating to use of tribal land by the United States for the generation of hydropower; or (2) complete projects and implement provisions authorized by Congress that resolve litigation involving the United States and the water rights of Indian tribes or that implement approved agreements limiting such rights.
|
{"src": "billsum_train", "title": "Authorized Rural Water Projects Completion Act"}
| 2,312 | 355 | 0.576437 | 1.822074 | 0.743529 | 3.761006 | 6.496855 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Security Officer Quality
Assurance Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) the private security industry provides numerous
opportunities for entry-level job applicants, including
individuals suffering from unemployment due to economic
conditions or dislocations;
(3) sworn law enforcement officers provide significant
services to the citizens of the United States in its public
areas, and are only supplemented by private security officers
who provide prevention and reporting services in support of,
but not in place of, regular sworn police;
(4) given the growth of large private shopping malls, and
the consequent reduction in the number of public shopping
streets, the American public is more likely to have contact
with private security personnel in the course of a day than
with sworn law enforcement officers;
(5) regardless of the differences in their duties, skill,
and responsibilities, the public has difficulty in discerning
the difference between sworn law enforcement officers and
private security personnel; and
(6) the American public demands the employment of
qualified, well-trained private security personnel as an
adjunct, but not a replacement for sworn law enforcement
officers.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``employee'' includes an applicant for
employment;
(2) the term ``employer'' means any person that--
(A) employs one or more private security officers;
or
(B) provides, as an independent contractor, for
consideration, the services of one or more private
security officers (possibly including oneself);
(3) the term ``private security officer''
(A) means--
(i) an individual who performs security
services, full or part time, for consideration
as an independent contractor or an employee,
whether armed or unarmed and in uniform or
plain clothes whose primary duty is to perform
security services, or
(ii) an individual who is an employee of an
electronic security system company engaged in
one or more of the following activities in the
State: burglar alarm technician, fire alarm
technician, closed circuit television
technician, access control technician, or
security system monitor; but
(B) does not include--
(i) sworn police officers who have law
enforcement powers in the State,
(ii) attorneys, accountants, and other
professionals who are otherwise licensed in the
State,
(iii) employees whose duties are primarily
internal audit or credit functions,
(iv) persons whose duties may incidentally
include the reporting or apprehension of
shoplifters or trespassers, or
(v) an individual on active duty in the
military service;
(4) the term ``security services'' means the performance of
one or more of the following:
(A) the observation or reporting of intrusion,
larceny, vandalism, fire or trespass;
(B) the deterrence of theft or misappropriation of
any goods, money, or other item of value;
(C) the observation or reporting of any unlawful
activity;
(D) the protection of individuals or property,
including proprietary information, from harm or
misappropriation;
(E) the control of access to premises being
protected;
(F) the secure movement of prisoners;
(G) the maintenance of order and safety at
athletic, entertainment, or other public activities;
(H) the provision of canine services for protecting
premises or for the detection of any unlawful device or
substance; and
(I) the transportation of money or other valuables
by armored vehicle; and
(5) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
SEC. 4. BACKGROUND CHECKS.
(a) In General.--
(1) Submission.--An association of employers of private
security officers, designated for the purpose of this section
by the Attorney General, may submit fingerprints or other
methods of positive identification approved by the Attorney
General, to the Attorney General on behalf of any applicant for
a State license or certificate of registration as a private
security officer or employer of private security officers.
(2) Exchange.--In response to a submission under paragraph
(1), the Attorney General may, to the extent provided by State
law conforming to the requirements of the second paragraph
under the heading ``Federal Bureau of Investigation'' and the
subheading ``Salaries and Expenses'' in title II of Public Law
92-544 (86 Stat. 1115), exchange, for licensing and employment
purposes, identification and criminal history records with the
State governmental agencies to which the applicant has applied.
(b) Regulations.--The Attorney General may prescribe such
regulations as may be necessary to carry out this section, including
measures relating to the security, confidentiality, accuracy, use, and
dissemination of information and audits and recordkeeping.
(c) Report.--The Attorney General shall report to the Senate and
House Committees on the Judiciary 2 years after the date of enactment
of this bill on the number of inquiries made by the association of
employers under this section and their disposition.
SEC. 5. STATE PARTICIPATION.
It is the sense of the Congress that each State should participate
in the background check system established under section 4.
|
Private Security Officer Quality Assurance Act of 1996 - Authorizes an association of employers of private security officers to submit fingerprints or other methods of positive identification to the Attorney General on behalf of any applicant for a State license or certificate or registration as a private security officer or employer of such officers. Authorizes the Attorney General to: (1) exchange identification and criminal history records with State governmental agencies for licensing and employment purposes; and (2) prescribe regulations as may be necessary to carry out this Act, including measures relating to the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping. Sets forth reporting requirements.
Expresses the sense of the Congress that each State should participate in the background check system established by this Act.
|
{"src": "billsum_train", "title": "Private Security Officer Quality Assurance Act of 1996"}
| 1,180 | 157 | 0.480657 | 1.324059 | 0.663393 | 5.608108 | 7.75 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Superfund Reinvestment Act''.
SEC. 2. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR CLEANUP.
(a) Availability of Amounts.--Section 111 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9611) is amended--
(1) in subsection (a) by striking ``For the purposes
specified'' and all that follows through ``for the following
purposes:'' and inserting the following: ``The amount in the
Hazardous Substance Superfund established under section 9507 of
the Internal Revenue Code of 1986 shall be available, without
further appropriation, to be used for the purposes specified in
this section. The President shall use such amount for the
following purposes:''; and
(2) in subsection (c)--
(A) by striking ``Subject to such amounts as are
provided in appropriations Acts, the'' each place it
appears and inserting ``The''; and
(B) in paragraph (12) by striking ``to the extent
that such costs'' and all that follows through ``and
1994''.
(b) Amendment to the Internal Revenue Code.--Section 9507 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``appropriated to'' in subsection (a)(1)
and inserting ``made available for'',
(2) by striking ``appropriated'' in subsection (b) and
inserting ``transferred'',
(3) by striking ``, as provided in appropriations Acts,''
in subsection (c)(1), and
(4) by striking ``1995'' in subsection (d)(3)(B) and
inserting ``2021''.
SEC. 3. BUDGETARY TREATMENT OF HAZARDOUS SUBSTANCE SUPERFUND.
Notwithstanding any other provision of law, the receipts and
disbursements of the Hazardous Substance Superfund established in
section 9507 of the Internal Revenue Code of 1986--
(1) shall not be counted as new budget authority, outlays,
receipts, or deficit or surplus for purposes of--
(A) the budget of the United States Government as
submitted by the President;
(B) the congressional budget (including allocations
of budget authority and outlays provided therein);
(C) the Balanced Budget and Emergency Deficit
Control Act of 1985; or
(D) the Statutory Pay-As-You-Go Act of 2010;
(2) shall be exempt from any general budget limitation
imposed by statute on expenditures and net lending (budget
outlays) of the United States Government; and
(3) shall be available only for the purposes specified in
section 111 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9611).
SEC. 4. EXTENSION OF SUPERFUND TAXES.
(a) Excise Taxes.--Subsection (e) of section 4611 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(e) Application of Hazardous Substance Superfund Financing
Rate.--The Hazardous Substance Superfund financing rate under this
section shall apply after December 31, 1986, and before January 1,
1996, and after the date of the enactment of the Superfund Reinvestment
Act and before January 1, 2019.''.
(b) Corporate Environmental Income Tax.--Subsection (e) of section
59A of such Code is amended to read as follows:
``(e) Application of Tax.--The tax imposed by this section shall
apply to taxable years beginning after December 31, 1986, and before
January 1, 1996, and to taxable years beginning after the date of the
enactment of the Superfund Reinvestment Act and before January 1,
2019.''.
(c) Technical Amendments.--
(1) Subsection (b) of section 4611 of such Code is
amended--
(A) by striking ``or exported from'' in paragraph
(1)(A),
(B) by striking ``or exportation'' in paragraph
(1)(B), and
(C) by striking ``and Exportation'' in the heading
thereof.
(2) Paragraph (3) of section 4611(d) of such Code is
amended--
(A) by striking ``or exporting the crude oil, as
the case may be'' and inserting ``the crude oil'', and
(B) by striking ``or exports'' in the heading
thereof.
SEC. 5. APPLICABILITY.
(a) In General.--Except as provided in subsections (b) and (c),
this Act (including the amendments made by this Act) shall apply to
fiscal years beginning after September 30, 2011.
(b) Excise Taxes.--The amendments made by sections 4(a) and 4(c)
shall take effect on the date of the enactment of this Act.
(c) Income Tax.--The amendment made by section 4(b) shall apply to
taxable years beginning after the date of the enactment of this Act.
|
Superfund Reinvestment Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the use of amounts in the Hazardous Substance Superfund for environmental cleanup costs authorized by such Act.
Provides that receipts and disbursements of the Hazardous Substance Superfund: (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus, for purposes of the President's budget, the congressional budget, the Balanced Budget and Emergency Deficit Control Act of 1985, or the Statutory Pay-As-You-Go Act of 2010; (2) shall be exempt from any general budget limitations; and (3) shall be available only for the purposes specified in CERCLA.
Amends the Internal Revenue Code to reinstate until December 31, 2018, the Hazardous Substance Superfund financing rate and the corporate environmental income tax and extend the borrowing authority of the Superfund through 2021.
|
{"src": "billsum_train", "title": "To provide for the use of funds in the Hazardous Substance Superfund for the purposes for which they were collected, to ensure adequate resources for the cleanup of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes."}
| 1,145 | 206 | 0.640402 | 1.727478 | 1.072098 | 5.643678 | 5.747126 | 0.91954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Disability and Victims
of Landmines, Civil Strife and Warfare Assistance Act of 2002''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following finding:
(1)(A) According to the International Committee of the Red
Cross, there are tens of millions of landmines in over 60
countries around the world, and it has estimated that as many
as 24,000 people are maimed or killed each year by landmines,
mostly civilians, resulting in amputations and disabilities of
various kinds.
(B) While the United States Government invests more than
$100,000,000 in mine action programs annually, including
funding for mine awareness and demining training programs, only
about ten percent of these funds go to directly aid landmine
victims.
(C) The Patrick Leahy War Victims Fund, administered by the
United States Agency for International Development, has
provided essential prosthetics and rehabilitation for landmine
and other war victims in developing countries who are disabled
and has provided long-term sustainable improvements in quality
of life for victims of civil strife and warfare, addressing
such issues as barrier-free accessibility, reduction of social
stigmatization, and increasing economic opportunities.
(D) Enhanced coordination is needed among Federal agencies
that carry out assistance programs in foreign countries for
victims of landmines and other victims of civil strife and
warfare to make better use of interagency expertise and
resources.
(2) According to a review of Poverty and Disability
commissioned by the World Bank, ``disabled people have lower
education and income levels than the rest of the population.
They are more likely to have incomes below poverty level than
the non-disabled population, and they are less likely to have
savings and other assets . . . [t]he links between poverty and
disability go two ways--not only does disability add to the
risk of poverty, but conditions of poverty add to the risk of
disability.''.
(3) Numerous international human rights conventions and
declarations recognize the need to protect the rights of
individuals regardless of their status, including those
individuals with disabilities, through the principles of
equality and non-discrimination.
(b) Purpose.--The purpose of this Act is to authorize assistance
for individuals with disabilities, including victims of landmines and
other victims of civil strife and warfare.
SEC. 3. INTERNATIONAL DISABILITIES AND WAR VICTIMS ASSISTANCE.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended by inserting after section 134 the following:
``SEC. 135. INTERNATIONAL DISABILITIES AND WAR VICTIMS ASSISTANCE.
``(a) Authorization.--The President is authorized to furnish
assistance to individuals with disabilities, including victims of civil
strife and warfare, in foreign countries.
``(b) Activities.--The programs established pursuant to subsection
(a) may include programs, projects, and activities such as the
following:
``(1) Development of local capacity to provide medical and
rehabilitation services for individuals with disabilities,
including victims of civil strife and warfare, in foreign
countries, such as--
``(A) support for and training of medical
professionals, including surgeons, nurses, and physical
therapists, to provide effective emergency and other
medical care and for the development of training
manuals relating to first aid and other medical
treatment;
``(B) support for sustainable prosthetic and
orthotic services; and
``(C) psychological and social rehabilitation of
such individuals, together with their families as
appropriate, for the reintegration of such individuals
into local communities.
``(2) Support for policy reform and educational efforts
related to the needs and abilities of individuals with
disabilities, including victims of civil strife and warfare.
``(3) Coordination of programs established pursuant to
subsection (a) with existing programs for individuals with
disabilities, including victims of civil strife and warfare, in
foreign countries.
``(4) Support for establishment of appropriate entities in
foreign countries to coordinate programs, projects, and
activities related to assistance for individuals with
disabilities, including victims of civil strife and warfare.
``(5) Support for primary, secondary, and vocational
education, public awareness and training programs and other
activities that help prevent war-related injuries and assist
individuals with disabilities, including victims of civil
strife and warfare, with their reintegration into society and
their ability to make sustained social and economic
contributions to society.
``(c) Priority.--To the maximum extent feasible, assistance under
this section shall be provided through nongovernmental organizations,
and, as appropriate, through governments to establish appropriate
norms, standards, and policies related to rehabilitation and issues
affecting individuals with disabilities, including victims of civil
strife and warfare.
``(d) Funding.--Amounts made available to carry out the other
provisions of this part (including chapter 4 of part II of this Act)
and the Support for East European Democracy (SEED) Act of 1989 are
authorized to be made available to carry out this section and are
authorized to be provided notwithstanding any other provision of
law.''.
SEC. 4. RESEARCH, PREVENTION, AND ASSISTANCE RELATED TO INTERNATIONAL
DISABILITIES AND LANDMINE AND OTHER WAR VICTIMS.
(a) Authorization.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention, is authorized--
(A) to conduct programs in foreign countries
related to individuals with disabilities, including
victims of landmines and other victims of civil strife
and warfare;
(B) to provide grants to nongovernmental
organizations for the purpose of carrying out research,
prevention, public awareness and assistance programs in
foreign countries related to individuals with
disabilities, including victims of landmines and other
victims of civil strife and warfare.
(2) Approval of secretary of state.--Activities under
programs established pursuant to paragraph (1) may be carried
out in foreign countries only in coordination with the
Administrator of the United States Agency for International
Development, and upon approval for such activities in such
countries by the Secretary of State.
(b) Activities.--Programs established pursuant to subsection (a)
may include the following activities:
(1) Research on trauma, physical, psychological, and social
rehabilitation, and continuing medical care related to
individuals with disabilities, including victims of landmines
and other victims of civil strife and warfare, including--
(A) conducting research on psychological and social
factors that lead to successful recovery;
(B) developing, testing, and evaluating model
interventions that reduce post-traumatic stress and
promote health and well-being;
(C) developing basic instruction tools for initial
medical response to traumatic injuries; and
(D) developing basic instruction manuals for
patients and healthcare providers, including for
emergency and follow-up care, proper amputation
procedures, and reconstructive surgery.
(2) Facilitation of peer support networks for individuals
with disabilities, including victims of landmines and other
victims of civil strife and warfare, in foreign countries,
including--
(A) establishment of organizations at the local
level, administered by such individuals, to assess and
address the physical, psychological, economic and
social rehabilitation and other needs of such
individuals, together with their families as
appropriate, for the purpose of economic and social
reintegration into local communities; and
(B) training related to the implementation of such
peer support networks, including training of outreach
workers to assist in the establishment of organizations
such as those described in subparagraph (A) and
assistance to facilitate the use of the networks by
such individuals.
(3) Sharing of expertise from limb-loss and disability
research centers in the United States with similar centers and
facilities in war-affected countries, including promoting
increased health for individuals with limb loss and limb
deficiency and epidemiological research on secondary medical
conditions related to limb loss and limb deficiency.
(4) Developing a database of best practices to address the
needs of the war-related disabled through comprehensive
examination of support activities related to such disability
and access to medical care and supplies.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Health and Human Services to carry out
this section such sums as may be necessary for each of fiscal years
2003 through 2004.
SEC. 5. EXPERTISE OF THE DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Veterans Affairs is authorized--
(1) to provide advice and expertise on prosthetics,
orthotics, physical and psychological rehabilitation and
treatment, and disability assistance to other Federal
departments and agencies, including providing for temporary
assignment on a non-reimbursable basis of appropriate
Department of Veterans Affairs personnel, with respect to the
implementation of programs to provide assistance to victims of
landmines and other victims of civil strife and warfare in
foreign countries and landmine research and health-related
programs, including programs established pursuant to section
135 of the Foreign Assistance Act of 1961 (as added by section
3 of this Act) and programs established pursuant to section 4
of this Act; and
(2) to provide technical assistance to private voluntary
organizations on a reimbursable basis with respect to the
planning, development, operation, and evaluation of such
landmine assistance, research, and prevention programs.
Passed the Senate September 13, 2002.
Attest:
Secretary.
107th CONGRESS
2d Session
S. 1777
_______________________________________________________________________
AN ACT
To authorize assistance for individuals with disabilities in foreign
countries, including victims of landmines and other victims of civil
strife and warfare, and for other purposes.
|
International Disability and Victims of Landmines, Civil Strife and Warfare Assistance Act of 2002 - (Sec. 3) Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance to individuals with disabilities, including victims of civil strife and warfare, in foreign countries. Requires such assistance, to the maximum extent feasible, to be provided through non-governmental organizations, and, as appropriate, through governments to establish norms, standards, and policies related to rehabilitation and issues affecting such individuals. Provides funding, including certain amounts made available to carry out the Support for East European Democracy (SEED) Act of 1989.(Sec. 4) Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to: (1) conduct programs in foreign countries related to individuals with disabilities, including victims of land mines and other victims of civil strife and warfare; and (2) provide grants to nongovernmental organizations for carrying out research, prevention, public awareness, and assistance programs for such individuals. Allows such activities to be carried out in foreign countries only in coordination with the Administrator of the United States Agency for International Development, and upon approval by the Secretary of State.Authorizes appropriations for FY 2003 through 2004.(Sec. 5) Authorizes the Secretary of Veterans Affairs to provide: (1) advice and expertise on prosthetics, orthotics, physical and psychological rehabilitation and treatment, and disability assistance to other Federal agencies with respect to assistance programs for such individuals; and (2) technical assistance to private voluntary organizations with respect to the planning, development, operation, and evaluation of such land mine assistance, research, and prevention programs.
|
{"src": "billsum_train", "title": "A bill to authorize assistance for individuals with disabilities in foreign countries, including victims of landmines and other victims of civil strife and warfare, and for other purposes."}
| 2,121 | 363 | 0.603576 | 2.158263 | 0.78368 | 5.646875 | 6.38125 | 0.946875 |
SECTION 1. PATTERSON LAKE LAND CONVEYANCES.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means Dickinson
Parks & Recreation in Dickinson, North Dakota (or a successor
in interest to that entity).
(2) Dickinson reservoir.--The term ```Dickinson
Reservoir''' means the Dickinson Reservoir constructed as part
of the Dickinson Unit, Heart Division, Pick-Sloan Missouri
Basin Program, as authorized by section 9 of the Act of
December 22, 1944 (commonly known as the ``Flood Control Act of
1944'') (58 Stat. 891, chapter 665).
(3) Permittee.--The term ``permittee'' means the holder of
a permit for a property.
(4) Property.--The term ``property'' means any one of the
cabin sites located on Federal property around the Dickinson
Reservoir for which a permit is in effect on the date of
enactment of this Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(b) Purchase of Property by Permittee; Transfers to Department.--
(1) Option.--The Secretary shall provide to the permittee
of a property the first option to purchase that property for
fair market value in accordance with paragraph (2).
(2) Purchase.--
(A) In general.--On an election by a permittee to
exercise the option to purchase a property pursuant to
paragraph (1), the Secretary shall convey to the
permittee, for fair market value--
(i) all right, title, and interest of the
United States in and to the property, subject
to valid existing rights; and
(ii) easements for--
(I) vehicular access to the
property;
(II) access to, and use of, a dock
for the property; and
(III) access to, and use of, all
boathouses, ramps, retaining walls, and
other improvements for which access is
provided in the permit for use of the
property as of the date of enactment of
this Act.
(B) Period for conveyance.--The Secretary shall
convey to a permittee a property pursuant to
subparagraph (A) during the period--
(i) beginning on the date that is 1 year
after the date of enactment of this Act; and
(ii) ending on the date that is 2 years
after that date of enactment.
(C) Disputes regarding fair market value.--Any
dispute regarding the fair market value of a property
shall be resolved in accordance with section 2201.4 of
title 43, Code of Federal Regulations (or successor
regulations).
(3) Transfers to department.--
(A) Failure to purchase.--If a permittee fails to
exercise the option to purchase a property under
paragraph (2) by the date that is 2 years after the
date of enactment of this Act, the Secretary shall
transfer the property to the Department, without cost.
(B) Certain other land.--Effective beginning on the
date that is 2 years after the date of enactment of
this Act, the Secretary shall transfer to the
Department, without cost, land managed by the
Department as of the date of enactment, on which no
cabin is located.
(c) Oil, Gas, Mineral, and Other Outstanding Rights.--Each
conveyance to a permittee, and each transfer to the Department,
pursuant to subsection (b) shall be made subject to--
(1) 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
(2) any permit, license, lease, right-of-use, or right-of-
way of record in, on, over, or across the applicable property
or land that is outstanding to a third party as of the date of
enactment of this Act.
(d) Liability; Taking.--
(1) Liability.--The United States shall not be liable for
flood damage to the personal property of a permittee or for
damages arising out of any act, omission, or occurrence
relating to a lot to which a permit applies, other than for
damages caused by an act or omission of the United States or an
employee, agent, or contractor of the United States before the
date of enactment of this Act.
(2) Taking.--Any temporary flooding or flood damage to the
personal property of a permittee shall not be considered to be
a taking by the United States.
(e) Requirements Relating to Conveyances and Transfers.--
(1) Interim requirements.--During the period beginning on
the date of enactment of this Act and ending on the date of
conveyance or transfer of a property or land, the provisions of
the document entitled ``Management Agreement between the Bureau
of Reclamation, et al., for the Development, Management,
Operation, and Maintenance of Lands and Recreation Facilities
at Dickinson Reservoir'' that are applicable to the property or
land shall remain in force and effect.
(2) Legal descriptions.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in consultation
with the Department, shall provide to the Department a legal
description of all properties and land that may be conveyed or
transferred pursuant to this section.
(3) Restriction on conveyance.--Effective beginning on the
date of enactment of this Act--
(A) a permittee may not build any new permanent
structure below an elevation of 2,430 feet; and
(B) if a permittee builds a structure described in
subparagraph (A), the property of the permittee shall
revert to the Department.
(f) Proceeds From Sales of Federal Land.--Any revenues from a sale
of Federal land pursuant to this section shall be made available to the
Secretary, without further appropriation, for--
(1) the costs to the Secretary of carrying out this
section; and
(2) deferred maintenance activities relating to the
operation of the dam in the Dickinson Reservoir.
|
This bill directs the Commissioner of Reclamation to: (1) provide to the holder of a permit for a cabin site located on federal property around the Dickinson Reservoir in North Dakota the first option to purchase the site for fair market value; and (2) convey to a permittee who exercises such option all U.S. interest in the site, easements for access to the site, a dock for the site, and the improvements on it. Beginning two years after enactment of this bill: (1) if a permittee has not exercised such option, the Commissioner shall transfer the site to Dickinson Parks & Recreation in Dickinson, North Dakota (the Department), without cost; and (2) the Commissioner shall transfer to the Department, without cost, land currently managed by the Department on which no cabin is located. Each such conveyance and transfer shall be made subject to specified mineral rights and rights-of-way of third parties. A permittee may not build any new permanent structure below an elevation of 2,430 feet. If a permittee builds such a structure, the permittee's site shall revert to the Department. Revenues from a sale of federal land pursuant to this bill shall be made available to the Commissioner for: (1) the costs of carrying out this bill, and (2) deferred maintenance activities relating to the operation of the dam in the Dickinson Reservoir.
|
{"src": "billsum_train", "title": "A bill to establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in the State of North Dakota."}
| 1,430 | 314 | 0.669019 | 2.007322 | 0.81852 | 3.498127 | 4.580524 | 0.891386 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Immigrants From Legal
Exploitation Act of 2013''.
SEC. 2. SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION SERVICES.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1041. Schemes to provide fraudulent immigration services
``(a) In General.--Any person who knowingly or recklessly executes
a scheme or artifice, in connection with any matter that is authorized
by or arises under any Federal immigration law or any matter the
offender claims or represents is authorized by or arises under any
Federal immigration law, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value
from any person by means of false or fraudulent pretenses,
representations, or promises,
shall be fined under this title, imprisoned not more than 10 years, or
both.
``(b) Misrepresentation.--Any person who knowingly and falsely
represents that such person is an attorney or an accredited
representative (as that term is defined in section 1292.1 of title 8,
Code of Federal Regulations (or any successor regulation)) in any
matter arising under any Federal immigration law shall be fined under
this title, imprisoned not more than 15 years, or both.
``(c) Reimbursement.--Any person convicted of offenses under this
section must fully reimburse the client for any services that person
fraudulently provided.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following:
``1041. Schemes to provide fraudulent immigration services.''.
SEC. 3. COMBATING SCHEMES TO DEFRAUD ALIENS.
(a) Regulations, Forms, and Procedures.--The Secretary of Homeland
Security and the Attorney General, for matters within their respective
jurisdictions arising under the immigration laws, shall promulgate
appropriate regulations, forms, and procedures defining the
circumstances in which--
(1) persons submitting applications, petitions, motions, or
other written materials relating to immigration benefits or
relief from removal under the immigration laws will be required
to identify who (other than immediate family members) assisted
them in preparing or translating the immigration submissions;
and
(2) any person or persons who received compensation (other
than a normal fee for copying, mailing, or similar services) in
connection with the preparation, completion, or submission of
such materials will be required to sign the form as a preparer
and provide identifying information.
(b) Civil Injunctions Against Immigration Service Provider.--The
Attorney General may commence a civil action in the name of the United
States to enjoin any immigration service provider from further engaging
in any fraudulent conduct that substantially interferes with the proper
administration of the immigration laws or who willfully misrepresents
such provider's legal authority to provide representation before the
Department of Justice and the Department of Homeland Security.
(c) Definitions.--In this section:
(1) Immigration laws.--The term ``immigration laws'' has
the meaning given that term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(2) Immigration service provider.--The term ``immigration
service provider'' means any individual or entity (other than
an attorney or individual otherwise authorized to provide
representation in immigration proceedings as provided in
Federal regulation) who, for a fee or other compensation,
provides any assistance or representation to aliens in relation
to any filing or proceeding relating to the alien which arises,
or which the provider claims to arise, under the immigration
laws, Executive order, or Presidential proclamation.
SEC. 4. RELIEF FOR VICTIMS OF NOTARIO FRAUD.
(a) In General.--An alien may withdraw, without prejudice, an
application or other submission for immigration status or other
immigration benefit if the alien submits information indicating the
application or submission was prepared or submitted by an individual
engaged in the unauthorized practice of law or immigration practitioner
fraud and attests that the alien had no prior knowledge the application
or submission was prepared or submitted by an individual engaged in the
unauthorized practice of law or immigration practitioner fraud.
(b) Corrected Filings.--The Secretary of Homeland Security, the
Secretary of State, and the Attorney General shall develop a procedure
for submitting corrected applications or other submissions withdrawn
under paragraph (1). The Secretary of Homeland Security, the Secretary
of State, and the Attorney General shall permit corrected applications
or other submissions to be resubmitted notwithstanding the numerical
and time limitations on the filing of the applications or other
submissions covered by this Act.
(c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as
amended by section 2315(a), is further amended by adding at the end the
following:
``(VII) Immigration practitioner
fraud.--Clause (i) shall not apply to
an alien if he can prove by clear
convincing evidence that he departed
the United States based on the
erroneous advice of an individual
engaged in the unauthorized practice of
law or immigration practitioner
fraud.''.
(d) Regulations Implementing Contempt Authority of Immigration
Judges.--Not later than 180 days after the date of enactment of this
Act, the Attorney General shall promulgate regulations implementing the
contempt authority for immigration judges provided by section 240(b)(1)
of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(1)). Such
regulations shall provide that any civil contempt sanctions including
any monetary penalty may be applicable to all parties appearing before
the immigration judge.
SEC. 5. OUTREACH TO IMMIGRANT COMMUNITIES.
(a) Authority To Conduct.--The Secretary of Homeland Security and
the Attorney General, acting through the Director of the Office for
Immigration Review, shall carry out a program to educate aliens
regarding who may provide legal services and representation to aliens
in immigration proceedings through cost-effective outreach to immigrant
communities.
(b) Purpose.--The purpose of the program authorized under
subsection (a) is to prevent aliens from being subjected to fraud by
individuals who are not authorized to provide legal services or
representation to aliens.
(c) Availability.--The Attorney General shall, to the extent
practicable, make publicly available information regarding fraud by
immigration consultants, visa consultants, and other individuals who
are not authorized to provide legal services or representation to
aliens available--
(1) at appropriate offices that provide services or
information to aliens; and
(2) through Web sites that are--
(A) maintained by the Attorney General; and
(B) intended to provide information regarding
immigration matters to aliens.
(d) Foreign Language Materials.--Any educational materials used to
carry out the program authorized under subsection (a) shall, to the
extent practicable, be made available to immigrant communities in
appropriate languages, including English and Spanish.
(e) Authorization of Appropriations.--
(1) Amounts authorized.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
SEC. 6. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary and the Attorney General shall
establish, within the U.S. Citizenship and Immigration Services and the
Executive Office for Immigration Review respectively, programs to award
grants, on a competitive basis, to eligible nonprofit organizations to
provide direct legal services to aliens as described in subsection (c).
(b) Eligible Nonprofit Organization.--The term ``eligible nonprofit
organization'' means a nonprofit, tax-exempt organization whose staff
has demonstrated qualifications, experience, and expertise in providing
quality services to immigrants, refugees, persons granted asylum, or
persons applying for such statuses.
(c) Use of Funds.--Grant funds awarded under this section shall be
used for the design and implementation of programs to provide direct
assistance, within the scope of authorized practice of law, to aliens
in removal proceedings and to aliens completing applications and
petitions, including providing assistance in obtaining necessary
documents and supporting evidence.
(d) Authorization of Appropriations.--
(1) Amounts authorized.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
|
Protecting Immigrants From Legal Exploitation Act of 2013 - Amends the federal criminal code to subject a person to fine, imprisonment, or both, who: (1) knowingly or recklessly executes a scheme in connection with any federal immigration law-related matter to defraud a person, or to obtain money or anything else of value from a person by means of false or fraudulent pretenses, representations, or promises; or (2) knowingly and falsely represents that such person is an attorney or an accredited representative in any federal immigration law-related matter. Directs the Attorney General (DOJ) and the Secretary of Homeland Security (DHS), to promulgate regulations, forms, and procedures defining the circumstances in which: (1) persons submitting immigration-related applications, petitions, motions, or other written materials must identify who (other than immediate family members) assisted them in preparing or translating such submissions; and (2) any person who received compensation (other than a normal fee for copying, mailing, or similar services) in connection with the preparation or submission of such materials must sign the form as a preparer and provide identifying information. Authorizes the Attorney General to bring a civil injunction against an immigration service provider engaging in fraudulent conduct that substantially interferes with the administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before DOJ or DHS. Authorizes an alien to withdraw an immigration-related application or other submission if the alien: (1) submits information indicating that the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud, and (2) attests that he or she had no prior knowledge that the application or submission was prepared or submitted by such an individual. Amends the Immigration and Nationality Act to waive the bar on reentry for an alien who left the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud. Directs the Secretary and the Attorney General, through the Director of the Office for Immigration Review, to carry out an outreach program to educate aliens regarding who may provide legal services and representation in immigration proceedings. Directs the Secretary and the Attorney General to establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review, programs to award grants to eligible nonprofit organizations for direct legal services to aliens.
|
{"src": "billsum_train", "title": "Protecting Immigrants From Legal Exploitation Act of 2013"}
| 1,961 | 525 | 0.70488 | 2.470757 | 0.732381 | 4.928261 | 3.669565 | 0.936957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Know Your Caller Act of 2001''.
SEC. 2. PROHIBITION OF INTERFERENCE WITH CALLER IDENTIFICATION
SERVICES.
Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Prohibition on Interference With Caller Identification
Services.--
``(1) In general.--It shall be unlawful for any person
within the United States, in making any telephone
solicitation--
``(A) to interfere with or circumvent the
capability of a caller identification service to access
or provide to the recipient of the telephone call
involved in the solicitation any information regarding
the call that such service is capable of providing; and
``(B) to fail to provide caller identification
information in a manner that is accessible by a caller
identification service, if such person has capability
to provide such information in such a manner.
For purposes of this section, the use of a telecommunications
service or equipment that is incapable of transmitting caller
identification information shall not, of itself, constitute
interference with or circumvention of the capability of a
caller identification service to access or provide such
information.
``(2) Regulations.--Not later than 6 months after the
enactment of the Know Your Caller Act of 2001, the Commission
shall prescribe regulations to implement this subsection, which
shall--
``(A) specify that the information regarding a call
that the prohibition under paragraph (1) applies to
includes--
``(i) the name of the person or entity who
makes the telephone call involved in the
solicitation;
``(ii) the name of the person or entity on
whose behalf the solicitation is made; and
``(iii) a valid and working telephone
number at which the person or entity on whose
behalf the telephone solicitation is made may
be reached during regular business hours for
the purpose of requesting that the recipient of
the solicitation be placed on the do-not-call
list required under section 64.1200 of the
Commission's regulations (47 CFR 64.1200) to be
maintained by such person or entity; and
``(B) provide that a person or entity may not use
such a do-not-call list for any purpose (including
transfer or sale to any other person or entity for
marketing use) other than enforcement of such list.
``(3) Private right of action.--A person or entity may, if
otherwise permitted by the laws or rules of court of a State,
bring in an appropriate court of that State--
``(A) an action based on a violation of this
subsection or the regulations prescribed under this
subsection to enjoin such violation;
``(B) an action to recover for actual monetary loss
from such a violation, or to receive $500 in damages
for each such violation, whichever is greater; or
``(C) both such actions.
If the court finds that the defendant willfully or knowingly
violated this subsection or the regulations prescribed under
this subsection, the court may, in its discretion, increase the
amount of the award to an amount equal to not more than 3 times the
amount available under subparagraph (B) of this paragraph.
``(4) Definitions.--For purposes of this subsection:
``(A) Caller identification service.--The term
`caller identification service' means any service or
device designed to provide the user of the service or
device with the telephone number of an incoming
telephone call.
``(B) Telephone call.--The term `telephone call'
means any telephone call or other transmission which is
made to or received at a telephone number of any type
of telephone service and includes telephone calls made
using the Internet (irrespective of the type of
customer premises equipment used in connection with
such services). Such term also includes calls made by
an automatic telephone dialing system, an integrated
services digital network, and a commercial mobile radio
source.''.
SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS.
(a) Effect on State Law.--Subsection (f)(1) of section 227 of the
Communications Act of 1934 (47 U.S.C. 227(f)(1)), as so redesignated by
section 2(1) of this Act, is further amended by inserting after
``subsection (d)'' the following: ``and the prohibition under
paragraphs (1) and (2) of subsection (e),''.
(b) Actions by States.--The first sentence of subsection (g)(1) of
section 227 of the Communications Act of 1934 (47 U.S.C. 227(g)(1)), as
so redesignated by section 2(1) of this Act, is further amended by
striking ``telephone calls'' and inserting ``telephone solicitations,
telephone calls,''.
SEC. 4. STUDY REGARDING TRANSMISSION OF CALLER IDENTIFICATION
INFORMATION.
The Federal Communications Commission shall conduct a study to
determine--
(1) the extent of the capability of the public switched
network to transmit the information that can be accessed by
caller identification services;
(2) the types of telecommunications equipment being used in
the telemarketing industry, the extent of such use, and the
capabilities of such types of equipment to transmit the
information that can be accessed by caller identification
services; and
(3) the changes to the public switched network and to the
types of telecommunications equipment commonly being used in
the telemarketing industry that would be necessary to provide
for the public switched network to be able to transmit caller
identification information on all telephone calls, and the
costs (including costs to the telemarketing industry) to
implement such changes.
The Commission shall complete the study and submit a report to the
Congress on the results of the study, not later than one year after the
date of the enactment of this Act.
Passed the House of Representatives December 4, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
|
Know Your Caller Act of 2001 - Amends the Communications Act of 1934 to make it unlawful for any person making a telephone solicitation to: (1) interfere with or circumvent a caller identification service from accessing or providing the call recipient with identifying information about the call; or (2) fail to provide caller identification information that is accessible by a caller identification service, if such person has the capability to provide such information.Provides a cause of action for a person or entity, or a State attorney general on behalf of its residents, for violations of such prohibition or regulations.Requires the Federal Communications Commission to study and report to Congress with respect to the transmission capabilities of caller identification information.
|
{"src": "billsum_train", "title": "To amend the Communications Act of 1934 to prohibit telemarketers from interfering with the caller identification service of any person to whom a telephone solicitation is made, and for other purposes."}
| 1,352 | 154 | 0.617383 | 1.612071 | 0.800219 | 2.744361 | 9.481203 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caging Prohibition Act of 2008''.
SEC. 2. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED.
(a) In General.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 618. Voter caging and other questionable challenges
``(a) Definitions.--In this section--
``(1) the term `voter caging document' means--
``(A) a nonforwardable document that is returned to
the sender or a third party as undelivered or
undeliverable despite an attempt to deliver such
document to the address of a registered voter or
applicant; or
``(B) any document with instructions to an
addressee that the document be returned to the sender
or a third party but is not so returned, despite an
attempt to deliver such document to the address of a
registered voter or applicant, unless at least two
Federal election cycles have passed since the date of
the attempted delivery;
``(2) the term `voter caging list' means a list of
individuals compiled from voter caging documents; and
``(3) the term `unverified match list' means a list
produced by matching the information of registered voters or
applicants for voter registration to a list of individuals who
are ineligible to vote in the registrar's jurisdiction, by
virtue of death, conviction, change of address, or otherwise;
unless one of the pieces of information matched includes a
signature, photograph, or unique identifying number ensuring
that the information from each source refers to the same
individual.
``(b) Prohibition Against Voter Caging.--No State or local election
official shall prevent an individual from registering or voting in any
election for Federal office, or permit in connection with any election
for Federal office a formal challenge under State law to an
individual's registration status or eligibility to vote, if the basis
for such decision is evidence consisting of--
``(1) a voter caging document or voter caging list;
``(2) an unverified match list;
``(3) an error or omission on any record or paper relating
to any application, registration, or other act requisite to
voting, if such error or omission is not material to an
individual's eligibility to vote under section 2004 of the
Revised Statutes, as amended (42 U.S.C. 1971(a)(2)(B)); or
``(4) any other evidence so designated for purposes of this
section by the Election Assistance Commission,
except that the election official may use such evidence if it is
corroborated by independent evidence of the individual's ineligibility
to register or vote.
``(c) Requirements for Challenges by Persons Other Than Election
Officials.--
``(1) Attestation of first-hand knowledge of
ineligibility.--No person, other than a State or local election
official, shall submit a formal challenge to an individual's
eligibility to register to vote in an election for Federal
office or to vote in an election for Federal office unless that
challenge is supported by personal, first-hand knowledge
regarding the grounds for ineligibility which is--
``(A) documented in writing; and
``(B) subject to an oath or attestation under
penalty of perjury that the individual who is the
subject of the challenge is ineligible to register to
vote or vote in that election.
``(2) Prohibiting challenges based on certain evidence.--No
person, other than a State or local election official, shall
submit a formal challenge to an individual's eligibility to
register to vote in an election for Federal office or to vote
in an election for Federal office if the basis for such
challenge is evidence consisting of--
``(A) a voter caging document or voter caging list;
``(B) an unverified match list;
``(C) an error or omission on any record or paper
relating to any application, registration, or other act
requisite to voting, if such error or omission is not
material to an individual's eligibility to vote under
section 2004 of the Revised Statutes, as amended (42
U.S.C. 1971(a)(2)(B)); or
``(D) any other evidence so designated for purposes
of this section by the Election Assistance Commission.
``(d) Penalties for Knowing Misconduct.--Whoever knowingly
challenges the eligibility of one or more individuals to register or
vote or knowingly causes the eligibility of such individuals to be
challenged in violation of this section with the intent that one or
more eligible voters be disqualified, shall be fined under this title
or imprisoned not more than 5 years, or both, for each such violation.
Each violation shall be a separate offense.
``(e) No Effect on Related Laws.--Nothing in this section is
intended to override the protections of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg et seq.) or to affect the Voting Rights
Act of 1965 (42 U.S.C. 1973 et seq.).''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, is amended by adding at the end the
following:
``618. Voter caging and other questionable challenges.''.
SEC. 3. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision to any person or circumstance, is held
to be unconstitutional, the remainder of this Act and the amendments
made by this Act, and the application of the provisions to any person
or circumstance, shall not be affected by the holding.
|
Caging Prohibition Act of 2008 - Amends the federal criminal code to prohibit state or local election officials from preventing an individual from registering or voting in any election for federal office, or from permitting a formal challenge under state law to an individual's registration status or eligibility to vote, if the basis for such decision is evidence consisting of: (1) a voter caging document or voter caging list; (2) an unverified match list; (3) an error or omission on voter application or registration documents that is not material to an individual's eligibility to vote; or (4) any other evidence so designated by the Election Assistance Commission.
Defines "voter caging document" as: (1) a nonforwardable document that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver it to the address of a registered voter or applicant; or (2) any document with instructions to an addressee that the document be returned to a sender or third party but is not so returned, despite an attempt to deliver it to the address of a registered voter, unless at least two federal election cycles have passed since the date of the attempted delivery.
Defines "unverified match list" as a list produced by matching the information of registered voters or applicants to a list of individuals ineligible to vote in the registrar's jurisdiction due to death, conviction, change of address, or otherwise, unless one of the pieces of information matched includes a signature, photograph, or unique identifying number ensuring that the information from each source refers to the same individual.
Requires any private individual who challenges the right of another citizen to vote to set forth in writing, under penalty of perjury, personal, first-hand knowledge establishing the grounds for ineligibility.
|
{"src": "billsum_train", "title": "To amend title 18, United States Code, to prevent the election practice known as caging, and for other purposes."}
| 1,313 | 398 | 0.835605 | 2.764888 | 0.991149 | 6.119883 | 3.371345 | 0.938596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Device Patient Safety Act''.
SEC. 2. OVERSIGHT OF DEVICE RECALLS BY THE FOOD AND DRUG
ADMINISTRATION.
(a) Definitions.--In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of Food and Drugs.
(2) Device.--The term ``device'' has the meaning given that
term in section 201(h) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(h)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Actions by Secretary.--To enhance the oversight by the Food and
Drug Administration of device recalls, the Secretary of Health and
Human Services, acting through the Commissioner of Food and Drugs,
shall carry out the activities described in this section.
(c) Assessment of Device Recall Information.--
(1) In general.--
(A) Assessment program.--The Secretary shall
establish a program to routinely and systematically
assess--
(i) information submitted to the Secretary
pursuant to a device recall order under section
518(e) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360h(e)); and
(ii) information required to be reported to
the Secretary regarding a correction or removal
of a device under section 519(g) of such Act
(21 U.S.C. 360i(g)).
(B) Use.--The Secretary shall use the assessment of
information described under subparagraph (A) to
proactively identify strategies for mitigating health
risks presented by defective or unsafe devices.
(2) Design.--The program under paragraph (1) shall be
designed, at a minimum, to identify--
(A) trends in the numbers and types of device
recalls;
(B) the types of devices in each device class that
are most frequently recalled;
(C) the causes of device recalls;
(D) the length of time needed for a person subject
to a device recall to complete the recall;
(E) the length of time needed for the Secretary to
terminate a device recall;
(F) whether the Secretary has performed a device
recall audit check;
(G) which persons have been subject to the most
device recalls; and
(H) any other information as the Secretary
determines appropriate.
(d) Audit Check Procedures.--The Secretary shall clarify procedures
for conducting device recall audit checks to improve the ability of
investigators to perform these checks in a consistent manner.
(e) Assessment Criteria.--The Secretary shall develop explicit
criteria for assessing whether a person subject to a recall order under
section 518(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360h(e)) or to a requirement under section 519(g) of such Act (21
U.S.C. 360i(g)) has performed an effective correction or removal action
under such section 519(g).
(f) Termination of Recalls.--
(1) In general.--The Secretary shall document the basis for
the termination by the Food and Drug Administration of--
(A) an individual device recall ordered under
section 518(e) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360h(e)); and
(B) the requirement on a manufacturer or importer
of a device to report any correction or removal action
for which a report is required to be submitted to the
Secretary under section 519(g) of such Act (21 U.S.C.
360i(g)).
(2) Publication.--
(A) In general.--The Secretary shall, with respect
to each termination described in paragraph (1), publish
the documentation required under such paragraph not
later than 180 days after such termination.
(B) Protection of confidential information or trade
secrets.--Before public disclosure of the documentation
under subparagraph (A), the Secretary shall delete from
the documentation the following:
(i) Any information that constitutes trade
secret or confidential commercial or financial
information.
(ii) Any personnel, medical, or similar
information, including the serial numbers of
implanted devices, which would constitute a
clearly unwarranted invasion of personal
privacy.
SEC. 3. CONDITIONAL CLEARANCE OF CERTAIN MEDICAL DEVICES.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 510
the following:
``SEC. 510A. CONDITIONAL CLEARANCE OF CERTAIN MEDICAL DEVICES.
``(a) In General.--Notwithstanding any other provision of law, the
Secretary may conditionally clear for introduction into interstate
commerce for commercial distribution a medical device intended for
human use if such medical device is cleared pursuant to section 510(k).
``(b) Postclearance Requirements.--As part of the conditional
clearance under subsection (a), the Secretary may impose the following:
``(1) The Secretary may restrict the sale, distribution, or
use of the device but only to the extent that the sale,
distribution, or use of the device may be restricted pursuant
to section 520(e).
``(2) The Secretary--
``(A) may require continuing evaluation and
periodic reporting on the safety, effectiveness, and
reliability of the device for its intended use; and
``(B) shall, to the extent the Secretary makes a
requirement under subparagraph (A), state in the
clearance order the reason or purpose for such a
requirement and the number of patients to be evaluated
and the reports required to be submitted.
``(3) The Secretary may require a prominent display in the
labeling of the device and in the advertising of warnings,
hazards, or precautions important for the device's safe and
effective use, including patient information such as
information provided to the patient on alternative modes of
therapy and on risks and benefits associated with the use of
the device.
``(4) The Secretary--
``(A) may require maintenance of records that will
enable the applicant to submit to the Food and Drug
Administration information needed to trace patients if
such information is necessary to protect the public
health; and
``(B) shall, to the extent the Secretary makes the
requirement under subparagraph (A), require that the
identity of any patient be disclosed in records
maintained under the postclearance reporting
requirements only to the extent required for the
medical welfare of the individual, to determine the
safety or effectiveness of the device, or to verify a
record, report, or information submitted to the agency.
``(5) The Secretary may require maintenance of records for
specified periods of time and organization and indexing of
records into identifiable files to enable the Food and Drug
Administration to determine whether there is reasonable
assurance of the continued safety and effectiveness of the
device.
``(6) The Secretary may require submission of periodic
reports, at specified intervals, which reports shall comply
with the following:
``(A) Identify any of the following changes:
``(i) New indications for use of the
device.
``(ii) Labeling changes.
``(iii) The use of a different facility or
establishment to manufacture, process, or
package the device.
``(iv) Changes in sterilization procedures.
``(v) Changes in packaging.
``(vi) Changes in the performance or design
specifications, circuits, components,
ingredients, principle of operation, or
physical layout of the device.
``(vii) Extension of the expiration date of
the device based on data obtained under a new
or revised stability or sterility testing
protocol.
``(viii) A change that does not affect the
device's safety or effectiveness.
``(B) Contain a summary and bibliography of the
following information not previously submitted:
``(i) Unpublished reports of data from any
clinical investigations or nonclinical
laboratory studies involving the device or
related devices and known to or that reasonably
should be known to the applicant.
``(ii) Reports in the scientific literature
concerning the device and known to or that
reasonably should be known to the applicant.
If, after reviewing the summary and
bibliography, the Food and Drug Administration
concludes that the agency needs a copy of the
unpublished or published reports, the Food and
Drug Administration shall notify the applicant
that copies of such reports should be
submitted.
``(C) Identify changes made pursuant to an
exception or alternative granted under section 801.128
or 809.11 of title 21, Code of Federal Regulations.
``(7) The Secretary may require batch testing of the
device.
``(8) The Secretary may provide for any other requirements
determined by the Secretary to be necessary to provide
reasonable assurance, or continued reasonable assurance, of the
safety and effectiveness of the device.
``(9) The Secretary may require device tracking as provided
under part 821 of title 21, Code of Federal Regulations.
``(c) Rescission of Conditional Clearance.--The Secretary may
rescind the conditional clearance of a medical device under subsection
(a) if the Secretary determines that the conditions imposed on the
clearance of the device described in subsection (b) have not been
met.''.
(b) Civil Monetary Penalties.--Section 303(f)(1)(A) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(1)(A)) is amended by
inserting ``, or a regulation promulgated or an order issued to carry
out this Act,'' after ``any person who violates a requirement of this
Act''.
(c) Process for the Review of Device Applications.--Section
737(8)(J) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379i(8)(J)) is amended by inserting ``or required as a condition of
clearance of a device under section 510A'' after ``Act''.
|
Medical Device Patient Safety Act - Directs the Secretary of Health and Human Services (HHS), acting through the Commissioner of Food and Drugs, to establish a program to enhance the oversight by the Food and Drug Administration (FDA) of medical device recalls.
Requires the program to routinely and systematically assess: (1) information submitted to the Secretary pursuant to a device recall order issued under the Federal Food, Drug, and Cosmetic Act (FDCA); and (2) information required to be reported by a device manufacturer to the Secretary regarding the manufacturer's correction or removal of a device. Requires the Secretary to use such information to proactively identify strategies for mitigating health risks presented by defective or unsafe devices. Requires such program to be designed to identify such things as recall trends, the causes of recalls, and the time to complete a recall.
Requires the Secretary to develop explicit criteria for assessing whether a person subject to a recall order or the manufacturer's reporting requirement has performed an effective correction or removal action.
Requires the Secretary to document and publish specified information concerning termination of a recall.
Permits the Secretary to conditionally clear for introduction into interstate commerce for commercial distribution a medical device intended for human use if such medical device is cleared pursuant to specified FDCA reporting requirements concerning the introduction of devices into interstate commerce. Permits the Secretary, as part of such conditional clearance, to: (1) impose specified restrictions on the sale, distribution, or use of the device; (2) require specified labeling for the device; and (3) require the maintenance of specified records that enable the FDA to track the device and determine the safety and effectiveness of the device.
|
{"src": "billsum_train", "title": "A bill to enhance Food and Drug Administration oversight of medical device recalls, to provide for the conditional clearance of certain medical devices, and for other purposes."}
| 2,235 | 365 | 0.657856 | 1.921501 | 0.969921 | 4.04 | 6.224615 | 0.944615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Energy Affordability and
Conservation Act''.
TITLE I--DRAWDOWN OF STRATEGIC PETROLEUM RESERVE
SEC. 101. FINDINGS.
Congress finds that--
(1) a sharp, sustained increase in the price of crude oil
would negatively affect the overall economic well-being of the
United States;
(2) the United States currently imports roughly 55 percent
of its oil;
(3) the oil market is often greatly influenced by
nonmarket-based supply manipulations, including price fixing
and production quotas; and
(4) heating oil price increases disproportionately harm the
poor and the elderly.
SEC. 102. DRAWDOWN OF STRATEGIC PETROLEUM RESERVE.
Section 161(d) of the Energy Policy and Conservation Act (42 U.S.C.
6241(d)) is amended by adding at the end the following:
``(3) Reduction in supply caused by anticompetitive
conduct.--
``(A) In general.--For the purposes of this
section, in addition to the circumstances set forth in
section 3(8) and in paragraph (2) of this subsection, a
severe energy supply interruption shall be deemed to
exist if the President determines that--
``(i) there is a significant reduction in
supply that--
``(I) is of significant scope and
duration; and
``(II) has caused a significant
increase in the price of petroleum
products;
``(ii) the increase in price is likely to
cause a significant adverse impact on regional
economies; and
``(iii) a substantial cause of the
reduction in supply is either--
``(I) the anticompetitive conduct
of 1 or more foreign countries or
international entities; or
``(II) a reduction in refinery
utilization, as reported by the Energy
Information Administration.
``(B) Deposit and use of proceeds.--Proceeds from
the sale of petroleum drawn down pursuant to a
Presidential determination under subparagraph (A)
shall--
``(i) be deposited in the SPR Petroleum
Account; and
``(ii) be used only for the purposes
specified in section 167.
``(C) Replacement arrangements.--When the Secretary
executes a drawdown pursuant to a Presidential
determination under subparagraph (A), the Secretary may
enter into an arrangement that provides for the
replacement of the petroleum products withdrawn from
the Strategic Petroleum Reserve.''.
SEC. 103. REPORTING AND CONSULTATION REQUIREMENTS.
If the price of a barrel of crude oil exceeds $25 (in constant 1999
United States dollars) for a period greater than 14 days, the
President, through the Secretary of Energy, shall, not later than 30
days after the end of the 14-day period, submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Commerce of the House of Representatives a report that--
(1) states the results of a comprehensive review of the
causes and potential consequences of the price increase;
(2) provides an estimate of the likely duration of the
price increase, based on analyses and forecasts of the Energy
Information Administration;
(3) provides an analysis of the effects of the price
increase on the cost of home heating oil; and
(4) states whether, and provides a specific rationale for
why, the President does or does not support the drawdown and
distribution of a specified amount of oil from the Strategic
Petroleum Reserve.
TITLE II--CREDITS FOR ENERGY EFFICIENCY IMPROVEMENTS BY HOMEOWNERS AND
SMALL BUSINESSES
SEC. 201. CREDIT FOR ENERGY EFFICIENCY IMPROVEMENTS TO EXISTING HOMES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. ENERGY EFFICIENCY IMPROVEMENTS TO EXISTING HOMES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 20 percent of the amount paid
or incurred by the taxpayer for qualified energy efficiency
improvements installed during such taxable year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed by this section
with respect to a dwelling shall not exceed $2,000.
``(2) Prior credit amounts for taxpayer on same dwelling
taken into account.--If a credit was allowed to the taxpayer
under subsection (a) with respect to a dwelling in 1 or more
prior taxable years, the amount of the credit otherwise
allowable for the taxable year with respect to that dwelling
shall not exceed the amount of $2,000 reduced by the sum of the
credits allowed under subsection (a) to the taxpayer with
respect to the dwelling for all prior taxable years.
``(c) 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 subpart
A of part IV of subchapter A (other than this section), such excess
shall be carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(d) Qualified Energy Efficiency Improvements.--For purposes of
this section, the term `qualified energy efficiency improvements' means
any energy efficient building envelope component, and any energy
efficient heating, cooling, or water heating appliance, the
installation of which, by itself or in combination with other such
components or appliances, is certified to improve the annual energy
performance of the existing home by at least 30 percent, if--
``(1) such component or appliance is installed in or on a
dwelling--
``(A) located in the United States, and
``(B) owned and used by the taxpayer as the
taxpayer's principal residence (within the meaning of
section 121),
``(2) the original use of such component or appliance
commences with the taxpayer, and
``(3) such component or appliance reasonably can be
expected to remain in use for at least 5 years.
Such certification shall be made by the contractor who installed such
improvements, a local building regulatory authority, or a qualified
energy consultant (such as a utility or an accredited home energy
rating system provider).
``(e) Special Rules.--
``(1) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
individual shall be treated as having paid his tenant-
stockholder's proportionate share (as defined in section
216(b)(3)) of the cost of qualified energy efficiency
improvements made by such corporation.
``(2) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which he owns, such
individual shall be treated as having paid his
proportionate share of the cost of qualified energy
efficiency improvements made by such association.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with
respect to a condominium project substantially all of
the units of which are used as residences.
``(f) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section for any expenditure with respect to any
property, the increase in the basis of such property which would (but
for this subsection) result from such expenditure shall be reduced by
the amount of the credit so allowed.
``(g) Application of Section.--Subsection (a) shall apply to
qualified energy efficiency improvements installed during the period
beginning on January 1, 2000, and ending on December 31, 2004.''.
(b) Conforming Amendments.--
(1) Subsection (c) of section 23 of such Code is amended by
striking ``and section 1400C'' and inserting ``and sections 25B
and 1400C''.
(2) Subparagraph (C) of section 25(e)(1) of such Code is
amended by striking ``and 1400C'' and inserting ``, 25B, and
1400C''.
(3) Subsection (d) of section 1400C of such Code is amended
by inserting ``and section 25B'' after ``other than this
section''.
(4) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (26), by striking
the period at the end of paragraph (27) and inserting ``;
and'', and by adding at the end the following new paragraph:
``(28) to the extent provided in section 25B(f), in the
case of amounts with respect to which a credit has been allowed
under section 25B.''.
(5) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25A the following new item:
``Sec. 25B. Energy efficiency
improvements to existing
homes.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 1999.
SEC. 202. CREDIT FOR ENERGY EFFICIENCY IMPROVEMENTS BY SMALL
BUSINESSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by inserting after section 45C the following new
section:
``SEC. 45D. ENERGY EFFICIENCY IMPROVEMENTS BY SMALL BUSINESSES.
``(a) In General.--For purposes of section 38, in the case of an
eligible small business, the energy efficiency improvement credit
determined under this section for the taxable year is an amount equal
to 20 percent of the basis of each qualified energy efficiency
improvements placed in service during such taxable year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed by this section
for the taxable year shall not exceed $2,000.
``(2) Coordination with rehabilitation and energy
credits.--For purposes of this section--
``(A) the basis of any property referred to in
subsection (a) shall be reduced by that portion of the
basis of any property which is attributable to
qualified rehabilitation expenditures (as defined in
section 47(c)(2)) or to the energy percentage of energy
property (as determined under section 48(a)), and
``(B) expenditures taken into account under either
section 47 or 48(a) shall not be taken into account
under this section.
``(c) Definitions.--For purposes of this section--
``(1) Eligible small business.--The term `eligible small
business' means any person engaged in a trade or business if
the average annual gross receipts of such person (or any
predecessor) for the 3-taxable-year period ending with such
prior taxable year does not exceed $10,000,000. Rules similar
to the rules of paragraphs (2) and (3) of section 448(c) shall
apply for purposes of the preceding sentence.
``(2) Qualified energy efficiency improvements.--The term
`qualified energy efficiency improvements' means any energy
efficient property the installation of which, by itself or in
combination with other such property, is certified to improve
the annual energy performance of the structure to which it
relates by at least 30 percent, if--
``(A) such property is installed in or on a
structure located in the United States,
``(B)(i) the construction, reconstruction, or
erection of such property is completed by the taxpayer,
or
``(ii) such property which is acquired by the
taxpayer if the original use of such property commences
with the taxpayer,
``(C) depreciation (or amortization in lieu of
depreciation) is allowable with respect to such
property, and
``(D) such property reasonably can be expected to
remain in use for at least 5 years.
Such certification shall be made by the contractor who
installed such property, a local building regulatory authority,
or a qualified energy consultant (such as a utility or an
accredited energy rating system provider).
``(3) Energy efficient property.--The term `energy
efficient property' means--
``(A) any energy efficient building envelope
component, and
``(B) any energy efficient heating, cooling, or
water heating appliance.
``(d) Application of Section.--Subsection (a) shall apply to
property placed in service during the period beginning on January 1,
2000, and ending on December 31, 2004.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (11), by striking
the period at the end of paragraph (12) and inserting ``, plus'', and
by adding at the end thereof the following new paragraph:
``(13) in the case of an eligible small business (as
defined in section 45D(c)), the energy efficiency improvement
credit determined under section 45D.''.
(c) Credit Allowed Against Regular and Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of such Code
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (3) as paragraph (4) and by inserting
after paragraph (2) the following new paragraph:
``(3) Special rules for small business energy efficiency
improvement credit.--
``(A) In general.--In the case of the energy
efficiency improvement credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) subparagraph (A) thereof
shall not apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the energy
efficiency improvement credit).
``(B) energy efficiency improvement credit.--For
purposes of this subsection, the term `energy
efficiency improvement credit' means the credit
allowable under subsection (a) by reason of section
45D.''.
(2) Conforming amendment.--Subclause (II) of section
38(c)(2)(A)(ii) of such Code is amended by inserting ``or the
energy efficiency improvement credit'' after ``employment
credit''.
(d) Limitation on Carryback.--Subsection (d) of section 39 of such
Code is amended by adding at the end the following new paragraph:
``(9) No carryback of energy efficiency improvement credit
before effective date.--No portion of the unused business
credit for any taxable year which is attributable to the credit
determined under section 45D may be carried back to any taxable
year ending before the date of the enactment of section 45D.''.
(e) Deduction for Certain Unused Business Credits.--Subsection (c)
of section 196 of such Code is amended by striking ``and'' at the end
of paragraph (7), by striking the period at the end of paragraph (8)
and inserting ``, and'', and by adding after paragraph (8) the
following new paragraph:
``(9) the energy efficiency improvement credit determined
under section 45D.''.
(f) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45C the following new
item:
``Sec. 45D. Energy efficiency
improvements by small
businesses.''.
(g) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
|
Mandates that proceeds from sales of petroleum drawn down pursuant to such determinations be: (1) deposited in the SPR Petroleum Account; and (2) used only for specified purposes.
Directs the President to report to certain congressional committees on causes and potential consequences if the price of a barrel of crude oil exceeds $25 for a period greater than 14 days.
Title II: Credits for Energy Efficiency Improvements by Homeowners and Small Businesses
- Amends the Internal Revenue Code to allow as a tax credit of 20 percent of the expenses (up to $2000) of qualified energy efficiency improvements by: (1) the taxpayer to an existing home; and (2) eligible small businesses to improvements placed in service during the taxable year.
|
{"src": "billsum_train", "title": "Fuel Energy Affordability and Conservation Act"}
| 3,663 | 152 | 0.494015 | 1.442316 | 0.769946 | 3.797203 | 23.293706 | 0.916084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Allergy and Anaphylaxis
Management Act of 2006''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Food allergy is an increasing food safety and public
health concern in the United States, especially among students.
(2) Peanut allergy doubled among students from 1997 to
2002.
(3) In a 2003 survey of 400 elementary school nurses, 37
percent reported having at least 10 students with severe food
allergies and 62 percent reported having at least 5.
(4) 44 percent of the elementary school nurses surveyed
reported that the number of students in their school with food
allergy had increased over the past 5 years, while only 2
percent reported a decrease.
(5) In a 2001 study of 32 fatal food-allergy induced
anaphylactic reactions (the largest study of its kind to date),
more than half (53 percent) of the individuals were aged 18 or
younger.
(6) 8 foods account for 90 percent of all food-allergic
reactions: milk, eggs, fish, shellfish, tree nuts, peanuts,
wheat, and soy.
(7) Currently, there is no cure for food allergies; strict
avoidance of the offending food is the only way to prevent a
reaction.
(8) Anaphylaxis, or anaphylactic shock, is a systemic
allergic reaction that can kill within minutes.
(9) Food-allergic reactions are the leading cause of
anaphylaxis outside the hospital setting, accounting for an
estimated 30,000 emergency room visits, 2,000 hospitalizations,
and 150 to 200 deaths each year in the United States.
(10) Fatalities from anaphylaxis are associated with a
delay in the administration of epinephrine (adrenaline), or
when epinephrine was not administered at all. In a study of 13
food allergy-induced anaphylactic reactions in school-age
children (6 fatal and 7 near fatal), only 2 of the children who
died received epinephrine within 1 hour of ingesting the
allergen, and all but 1 of the children who survived received
epinephrine within 30 minutes.
(11) The importance of managing life-threatening food
allergies in the school setting has been recognized by the
American Medical Association, the American Academy of
Pediatrics, the American Academy of Allergy, Asthma and
Immunology, the American College of Allergy, Asthma and
Immunology, and the National Association of School Nurses.
(12) There are no Federal guidelines concerning the
management of life-threatening food allergies in the school
setting.
(13) Three-quarters of the elementary school nurses
surveyed reported developing their own training guidelines.
(14) Relatively few schools actually employ a full-time
school nurse. Many are forced to cover more than 1 school, and
are often in charge of hundreds if not thousands of students.
(15) Parents of students with severe food allergies often
face entirely different food allergy management approaches when
their students change schools or school districts.
(16) In a study of food allergy reactions in schools and
day-care settings, delays in treatment were attributed to a
failure to follow emergency plans, calling parents instead of
administering emergency medications, and an inability to
administer epinephrine.
SEC. 3. DEFINITIONS.
In this Act:
(1) ESEA definitions.--The terms ``local educational
agency'', ``secondary school'', and ``elementary school'' have
the meanings given the terms in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) School.--The term ``school'' includes public--
(A) kindergartens;
(B) elementary schools; and
(C) secondary schools.
(3) Secretaries.--The term ``Secretaries'' means the
Secretary of Health and Human Services, in consultation with
the Secretary of Education.
SEC. 4. ESTABLISHMENT OF FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT
POLICY.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretaries shall--
(1) develop a policy to be used on a voluntary basis to
manage the risk of food allergy and anaphylaxis in schools; and
(2) make such policy available to local educational
agencies and other interested individuals and entities.
(b) Contents.--The policy developed by the Secretaries under
subsection (a) shall contain guidelines that address each of the
following:
(1) Parental obligation to provide the school, prior to the
start of every school year, with documentation from the
student's physician or nurse--
(A) supporting a diagnosis of food allergy and
anaphylaxis;
(B) identifying any food to which the student is
allergic;
(C) describing, if appropriate, any prior history
of anaphylaxis;
(D) listing any medication prescribed for the
student for the treatment of anaphylaxis;
(E) detailing emergency treatment procedures in the
event of a reaction;
(F) listing the signs and symptoms of a reaction;
(G) assessing the student's readiness for self-
administration of prescription medication; and
(H) providing a list of substitute meals that may
be offered by school food service personnel.
(2) The creation and maintenance of an individual health
care plan tailored to the needs of each student with a
documented risk for anaphylaxis, including any procedures for
the self-administration of medication by such students in
instances where--
(A) the students are capable of self-administering
medication; and
(B) such administration is not prohibited by State
law.
(3) Communication strategies between individual schools and
local providers of emergency medical services, including
appropriate instructions for emergency medical response.
(4) Strategies to reduce the risk of exposure to
anaphylactic causative agents in classrooms and common school
areas such as cafeterias.
(5) The dissemination of information on life-threatening
food allergies to school staff, parents, and students, if
appropriate by law.
(6) Food allergy management training of school personnel
who regularly come into contact with students with life-
threatening food allergies.
(7) The authorization and training of school personnel to
administer epinephrine when the school nurse is not immediately
available.
(8) The timely accessibility of epinephrine by school
personnel when the nurse is not immediately available.
(9) Extracurricular programs such as non-academic outings
and field trips, before- and after-school programs, and school-
sponsored programs held on weekends that are addressed in the
individual health care plan.
(10) The collection and publication of data for each
administration of epinephrine to a student at risk for
anaphylaxis.
(c) Relation to State Law.--Nothing in this Act or the policy
developed by the Secretaries under subsection (a) shall be construed to
preempt State law, including any State law regarding whether students
at risk for anaphylaxis may self-administer medication.
SEC. 5. SCHOOL-BASED FOOD ALLERGY MANAGEMENT GRANTS.
(a) In General.--The Secretaries may award grants of not more than
$50,000 to local educational agencies to assist such agencies with
implementing food allergy management guidelines contained in the policy
described in section 4.
(b) Application.--
(1) In general.--To be eligible to receive a grant under
this section, a local educational agency shall submit an
application to the Secretaries at such time, in such manner,
and including such information as the Secretaries may
reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include--
(A) a certification that the food allergy
management guidelines contained in the policy described
in section 4 have been adopted by the local educational
agency;
(B) a description of the activities to be funded by
the grant in carrying out the food allergy management
guidelines, including--
(i) how the guidelines will be carried out
at individual schools served by the local
educational agency;
(ii) how the local educational agency will
inform parents and students of the food allergy
management guidelines in place;
(iii) how school nurses, teachers,
administrators, and other school-based staff
will be made aware of, and given training on,
when applicable, the food allergy management
guidelines in place; and
(iv) any other activities that the
Secretaries determine appropriate;
(C) a budget table that itemizes the amounts of
grant funds received under this section that will be
expended on various activities;
(D) a description of how adoption of the guidelines
and implementation of grant activities will be
monitored; and
(E) an assurance that the local educational agency
will provide such information and cooperate in any
evaluation that the Secretaries may conduct under this
section.
(c) Use of Funds.--Each local educational agency that receives a
grant under this section may use the grant funds for the following:
(1) Creation of systems and databases related to creation,
storage, and maintenance of student records.
(2) Purchase of equipment or services, or both, related to
the creation, storage, and maintenance of student records.
(3) In partnership with local health departments, training
school nurse, teacher, and personnel for food allergy
management.
(4) Purchase and storage of limited medical supplies,
including epinephrine and disposable wet wipes.
(5) Programs that educate students as to the presence of,
and policies and procedures in place related to, food allergies
and anaphylactic shock.
(6) Outreach to parents.
(7) Any other activities consistent with the guidelines
contained in the policy described in section 4.
(d) Duration of Awards.--The Secretaries may award grants under
this section for a period of not more than 2 years. Funding for the
second year of the grant, where applicable, shall be contingent on
successful review of the program by the Secretaries after the first
year.
(e) Maximum Amount of Awards.--A grant awarded under this section
may not be made in an amount that is more than $50,000.
(f) Priority.--In awarding grants under this section, the
Secretaries shall give priority to local educational agencies that
receive Federal funding under title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
(g) Administrative Funds.--A local educational agency that receives
a grant under this section may use not more than 2 percent of the grant
amount for administrative costs related to carrying out this section.
(h) Progress and Evaluations.--
(1) Less than a 1 year grant.--A local educational agency
that receives a grant under this section for a period of not
more than 1 year shall provide the Secretaries, at the
completion of the grant period, with information on whether the
agency successfully implemented the food allergy management
guidelines contained in the policy described in section 4.
(2) Grants for a 1 to 2 year period.--A local educational
agency that receives a grant under this section for a period of
1 to 2 years shall provide the Secretaries--
(A) not later than 1 year after the agency receives
such grant, with information on the progress made in
implementing the food allergy management guidelines
contained in the policy described in section 4; and
(B) at the completion of the grant period, with
information on whether the agency successfully
implemented the food allergy management guidelines
contained in the policy described in section 4.
(i) Rule of Construction.--The food allergy management guidelines
contained in the policy described in section 4 are voluntary but a
condition of receiving grant funds under this section.
(j) Supplement, Not Supplant.--Grant funds received under this
section shall be used to supplement, and not supplant, non-Federal
funds and any other Federal funds available to carry out the activities
described in this section.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for fiscal year 2007
and such sums as may be necessary for each of the 4 succeeding fiscal
years.
|
Food Allergy and Anaphylaxis Management Act of 2006 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies a voluntary policy to manage the risk of food allergy and anaphylaxis in schools. Directs that such policy address: (1) a parental obligation to provide the school with information regarding a student's food allergy and anaphylaxis; (2) creation of an individual health care plan tailored to each student with a documented risk for anaphylaxis; (3) communication strategies between schools and emergency medical services; (4) strategies to reduce the risk of exposure in classrooms and common areas; (5) food allergy management training of school personnel; and (6) authorization and training of school personnel to administer epinephrine when the school nurse is not immediately available.
Allows the Secretary to award grants to assist local educational agencies in implementing food allergy management guidelines contained in the policy.
|
{"src": "billsum_train", "title": "A bill to direct the Secretary of Health and Human Services, in consultation with the Secretary of Education, to develop a policy for managing the risk of food allergy and anaphylaxis in schools, to establish school-based food allergy management grants, and for other purposes."}
| 2,630 | 205 | 0.530442 | 1.534859 | 0.656416 | 4.739884 | 14.242775 | 0.982659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salmon Solutions and Planning Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares the following:
(1) Thirteen salmon and steelhead species in the Columbia
and Snake River Basin are listed for protection under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) as a
consequence of various factors, including the construction and
operation of hydroelectric projects, harvest management
practices, habitat degradation, altered in-stream flow regimes,
and unsound hatchery practices.
(2) The original range of Snake River salmon included not
only their existing habitat, but also habitat in the upper
Columbia River and the upper Snake River Basins, including
southern Idaho, southeast Oregon, and northern Nevada.
(3) Since the construction of 4 Federal dams on the lower
Snake River in Washington, all salmon and steelhead populations
in the Snake River are either already extinct or listed as an
endangered or threatened species under the Endangered Species
Act of 1973.
(4) Without action, climate change and rising water
temperatures will continue to have detrimental effects on many
North American coldwater fish species, including salmon and
steelhead populations. Due to their high-elevation spawning
grounds, Snake River salmon are key to maintaining and
rebuilding those salmon populations threatened by rising water
temperatures throughout the Columbia River Basin.
(5) Salmon and steelhead populations have major economic,
ecological, educational, recreational, scientific, cultural,
and spiritual significance to the Nation and its people. Even
at their current depressed population levels, these salmon and
steelhead populations generate hundreds of millions of dollars
in direct and indirect benefits for communities in Alaska,
Washington, Oregon, Idaho, and California; restoring these
populations is estimated to generate billions of dollars in
additional revenue for these States.
(6) The United States has signed treaties with Indian
tribes in Washington, Oregon, Montana, and Idaho and with the
Government of Canada, creating legally enforceable treaty
obligations to restore salmon populations to sustainable and
harvestable levels.
(7) Recent studies indicate that the window of time to
protect and restore the salmon and steelhead populations is
short, with scientists estimating that several of the remaining
Snake River salmon populations could be extinct in less than 20
years if action is not taken.
(8) The Federal Government, the Bonneville Power
Administration, and United States ratepayers in the Pacific
Northwest have spent more than $10,000,000,000 on salmon
recovery efforts in the Columbia and Snake River Basin to date.
(9) A federally funded group of State, tribal, Federal, and
independent scientists found that removing the 4 lower Snake
River dams in Washington is the surest way to protect and
recover these salmon and steelhead populations. Similar
conclusions have been reached by the Army Corps of Engineers
and the Department of Commerce.
(10) Significant sediment buildup behind the Lower Granite
Dam poses a flood risk to the city of Lewiston, Idaho. A study
by the Army Corps of Engineers found that nearly $2,000,000,000
worth of buildings and infrastructure face a growing threat of
major damage from levee breaching. The same Corps study
estimates that the costs of river-dredging and levee-raising
needed to protect this area could cost taxpayers hundreds of
millions of dollars.
(11) A Federal court has found that all 4 lower Snake River
dams violate water quality standards under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
(12) The removal of the 4 lower Snake River dams would open
up more than 100 miles of free-flowing river ways to inland
Northwest communities and provide needed resources for more
effective and efficient freight transportation systems.
(13) In the event the 4 lower Snake River dams are removed,
their electricity generation, freight shipping, and water
supply benefits must be replaced through other means in order
to protect affected communities, farms, and the regional energy
supply system; the dams' energy benefits should be replaced
with cost-effective, clean renewable sources that focus on
energy efficiency and conservation.
(14) Studies have found that the Northwest has ample
additional existing and potential clean renewable energy
sources to replace the renewable electricity produced by the 4
lower Snake River dams in an environmentally sound and cost
effective manner.
(15) By completing the planning and evaluation required
under this Act, the Northwest and the Nation will be better
prepared to efficiently manage salmon recovery and ensure
prompt implementation of Federal salmon recovery actions needed
to protect and restore wild Columbia and Snake River salmon and
steelhead.
(b) Purposes.--The purpose of this Act are--
(1) to ensure the protection and recovery of wild Columbia
and Snake River salmon and steelhead to self-sustaining,
harvestable levels, while providing for reliable, reasonably
priced, clean renewable energy in the Northwest, a reliable and
affordable freight transportation system, an economically
sustainable salmon recovery program; and
(2) to maximize the economic benefits of removal of the 4
lower Snake River dams while mitigating for its impacts.
SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RECOVERY ACTIONS.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary of Commerce shall enter into an agreement
with the National Academy of Sciences providing for a scientific
analysis of Federal salmon recovery actions.
(b) Review of Snake River Dam Removal and Other Actions.--Pursuant
to the agreement under subsection (a), the National Academy of Sciences
shall review, at minimum--
(1) the impact, if any, that removal of the 4 lower Snake
River dams would have on recovery of salmon and steelhead
populations; and
(2) any additional actions that may be necessary to achieve
recovery of salmon and steelhead populations.
(c) Report.--Pursuant to the agreement under subsection (a), the
National Academy of Sciences shall submit, not later than 10 months
after the date of enactment of this Act, a report on the results of the
scientific analysis conducted under the agreement--
(1) to the Secretary of the Army for consideration in
developing the updated feasibility study under section 8;
(2) to the Secretaries of Commerce, Transportation, Energy,
and the Interior and the Administrator of the Environmental
Protection Agency; and
(3) to Congress.
SEC. 4. STUDY OF RAIL, HIGHWAY, AND BARGE IMPROVEMENTS.
(a) In General.--The Secretary of Transportation shall conduct a
peer-reviewed study of the rail, highway, and Columbia River barge
infrastructure improvements that would be necessary to ensure a cost-
effective and efficient transportation system for agricultural and
other shippers who--
(1) currently use barge transportation between Lewiston,
Idaho, and the confluence of the Snake and Columbia Rivers; and
(2) would be unable to do so if the 4 lower Snake River
dams were removed.
(b) Review of Potential Cost Increases.--In carrying out subsection
(a), the Secretary of Transportation shall review, at a minimum--
(1) increases, if any, in shipping costs that would result
if the 4 lower Snake River dams were removed; and
(2) options for addressing any such increases so as to
minimize the potential impact on shippers.
(c) Input of Interested Parties.--In carrying out subsection (a),
the Secretary of Transportation shall incorporate--
(1) input and feedback from--
(A) farmers and other shippers;
(B) the Washington, Idaho, and Oregon State
departments of transportation; and
(C) other relevant stakeholders in the
agricultural, business, and public interest
communities; and
(2) any suggestions or decisions arrived at through
consensus deliberations of the same or similar participants.
(d) Report.--Not later than 12 months after the date of enactment
of this Act, the Secretary of Transportation shall transmit a report on
the results of the study--
(1) to the Secretary of the Army for consideration in
developing the updated feasibility study under section 8; and
(2) to Congress.
SEC. 5. STUDY OF ENERGY REPLACEMENT.
(a) In General.--The Secretary of Energy, in consultation with the
Council on Environmental Quality, shall conduct a peer-reviewed study
of the energy replacement options that exist to replace the power
currently generated by the 4 lower Snake River dams in the event the
dams are removed.
(b) Review of Potential Clean Renewable Energy Resources and
Certain Projects.--In carrying out subsection (a), the Secretary of
Energy shall review--
(1) existing, planned, and potential clean renewable energy
resources; and
(2) energy efficiency, energy conservation, and combined
heat and power projects.
(c) Report.--Not later than 12 months after the date of enactment
of this Act, the Secretary of Energy shall transmit a report on the
results of the study--
(1) to the Secretary of the Army for consideration in
developing the updated feasibility study under section 8; and
(2) to Congress.
SEC. 6. STUDY OF LOWER SNAKE RIVER RIVERFRONT REVITALIZATION.
(a) In General.--The Secretary of the Army, in consultation with
relevant State and local governments and interested parties, shall
conduct a study of--
(1) the riverfront revitalization and restoration
opportunities that would exist in the event of the removal of
the 4 lower Snake River dams; and
(2) the costs that would be incurred to implement such
revitalization and restoration measures.
(b) Riverfront Revitalization.--In carrying out subsection (a), the
Secretary of the Army shall focus on riverfront revitalization for
Lewiston, Idaho, and Clarkston, Washington, but may include a review of
other impacted communities along the 140 miles of the lower Snake
River.
(c) Peer Review.--The study shall be subject to peer review
generally in accordance with section 2034 of the Water Resources
Development Act of 2007 (33 U.S.C. 2343) to determine the accuracy of
the preferred engineering options and costs determined by the
Secretary.
(d) Report.--Not later than 12 months after the date of enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study, including the Secretary's determinations
concerning engineering options and costs.
SEC. 7. STUDY OF IRRIGATION PROTECTIONS.
(a) In General.--The Secretary of the Interior, acting through the
Bureau of Reclamation, shall conduct a peer-reviewed study of the
options and costs regarding any modifications to affected irrigation
systems, cooling systems, and private wells that would be needed if the
4 lower Snake River dams were removed.
(b) Report.--Not later than 12 months after the date of enactment
of this Act, the Secretary of the Interior shall transmit a report on
the study--
(1) to the Secretary of the Army for consideration in
developing the updated feasibility study under section 8; and
(2) to Congress.
SEC. 8. AUTHORIZATION AND STUDY OF SALMON RECOVERY.
(a) Dam Removal Authorization.--Congress hereby determines that the
Secretary of the Army may remove the 4 lower Snake River dams.
(b) Review and Update of Feasibility Study.--The Secretary of the
Army, in consultation with the Secretary of Commerce, the Secretary of
the Interior, and the Administrator of the Environmental Protection
Agency, shall re-evaluate and update the U.S. Army Corps of Engineers'
Final Lower Snake River Juvenile Salmon Migration Feasibility Report/
Environmental Impact Statement (February 2002) pursuant to new
information.
(c) Considerations.--The updated feasibility study shall--
(1) take into consideration the results of the studies and
analyses carried out under this Act; and
(2) incorporate and address, at a minimum--
(A) current and expected future climate change
impacts on Columbia and Snake River salmon and
steelhead populations and their habitat;
(B) replacement of the 4 lower Snake River dams'
average energy output (not nameplate capacity) with
clean renewable energy resources, including energy
efficiency and conservation;
(C) options for keeping currently irrigated acreage
intact and under irrigation in a dam removal scenario;
(D) costs associated with Lower Granite Dam
reservoir sediment/flood risk mitigation in a non-dam-
removal scenario;
(E) Passive Use Values associated with both dam
removal and non-dam-removal scenarios; and
(F) alternate methods for removing the 4 lower
Snake River dams in addition to the method analyzed in
the 2002 environmental impact statement, including full
dam removal and removing or notching the dams' concrete
portions.
(d) Completion; Report; Peer Review.--The Secretary of the Army
shall--
(1) complete the re-evaluation and update and submit a
report thereon to Congress within 24 months after the date of
enactment of this Act;
(2) include in the report a determination of engineering
options and costs; and
(3) submit the results of the re-evaluation and update
(including such determination of engineering options and costs)
to peer review generally in accordance with section 2034 of the
Water Resources Development Act of 2007 (33 U.S.C. 2343) to
determine the accuracy of the preferred engineering options and
costs.
SEC. 9. DEFINITIONS.
In this Act, the following definitions apply:
(1) Clean renewable energy resources.--The term ``clean
renewable energy resources'' means--
(A) incremental electricity produced as the result
of efficiency improvements to existing hydroelectric
generation projects, including in irrigation pipes and
canals, where the additional generation in either case
does not result in new water diversions or
impoundments;
(B) wind;
(C) solar energy;
(D) geothermal energy;
(E) landfill gas;
(F) wave, ocean, or tidal power;
(G) gas from sewage treatment facilities;
(H) biomass energy (as defined in section 932(a) of
the Energy Policy Act of 2005 (42 U.S.C. 16232(a))),
excluding energy derived from--
(i) pulping liquor from paper production;
or
(ii) forest materials from old growth
forests; or
(I) any combination of the energy resources
described in this paragraph.
(2) Federal salmon recovery actions.--The term ``Federal
salmon recovery actions'' means Federal actions required to
protect, recover, and restore salmon and steelhead in the
Columbia and Snake River basin that are listed under section
4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).
The term shall not be construed as just those actions needed to
avoid jeopardy of these salmon and steelhead populations under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(3) 4 lower snake river dams.--The term ``4 lower Snake
River dams'' means the following dams on the Snake River,
Washington:
(A) The Ice Harbor dam.
(B) The Lower Monumental dam.
(C) The Little Goose dam.
(D) The Lower Granite dam.
(4) Peer-reviewed study.--The term ``peer-reviewed study''
means, unless otherwise specified, a study subject to peer
review in accordance with the guidelines issued by the Director
of the Office of Management and Budget under section 515 of the
Treasury and General Government Appropriations Act, 2001 (as
enacted into law by Public Law 106-554; 114 Stat. 2763A-153).
(5) Salmon and steelhead populations.--The term ``salmon
and steelhead populations'' means the evolutionarily
significant units of salmon and steelhead in the Columbia and
Snake River basin that are listed under section 4(c) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(c)).
|
Salmon Solutions and Planning Act - Directs the Secretary of Commerce to enter into an arrangement with the National Academy of Sciences for scientific analysis of federal salmon recovery actions, including the impact that removal of the four lower Snake River dams would have on recovery of salmon and steelhead populations and any additional actions that may be necessary to achieve recovery of salmon and steelhead populations.
Directs: (1) the Secretary of Transportation (DOT) to conduct a peer-reviewed study of the rail, highway, and Columbia River barge infrastructure improvements that would be necessary to ensure a cost-effective and efficient transportation system for shippers who currently use barge transportation between Lewiston, Idaho, and the confluence of the Snake and Columbia Rivers and who would be unable to do so if the four lower Snake River dams were removed; (2) the Secretary of Energy (DOE) to conduct a peer-reviewed study of the options to replace the power currently generated by such dams if they were removed; (3) the Army Corps of Engineers to analyze riverfront revitalization and restoration opportunities and costs in the event of such removal; and (4) the Bureau of Reclamation to conduct a peer-reviewed analysis of the options and costs regarding any needed modifications to affected irrigation systems, cooling systems, and private wells if the dams were removed.
Sets forth the congressional determination that the Secretary of the Army may remove the four lower Snake River dams.
Directs the Secretary to reevaluate and update the U.S. Army Corps of Engineers' Final Lower Snake River Juvenile Salmon Migration Feasibility Report/Environmental Impact Statement (February 2002) pursuant to new information.
|
{"src": "billsum_train", "title": "To ensure that proper information gathering and planning are undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River Basin in a manner that protects and enhances local communities, ensures effective expenditure of Federal resources, and maintains reasonably priced, reliable power, to direct the Secretary of Commerce to seek scientific analysis of Federal efforts to restore salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes."}
| 3,441 | 356 | 0.546677 | 1.848347 | 0.629913 | 5.066667 | 10.193651 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Telecommunications
Improvement and Value Enhancement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the average telephone penetration rate for Native
Americans on reservations is 47 percent (with some reservations
as low as 16 percent) as compared to 94 percent for the entire
United States;
(2) barriers to telephone penetration on Native American
reservations include poverty (the per capita income for Native
Americans is $8,234), the high cost of service due to sparse
population, and geographic challenges; and
(3) without telephone service, individuals cannot obtain
access to medical care in an emergency (911 service), cannot
reach prospective employers quickly and easily, and cannot take
advantage of the educational, medical, and commercial
opportunities offered by the Internet.
SEC. 3. ESTABLISHMENT OF LOAN PROGRAM.
The Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) is
amended by adding at the end the following:
``TITLE VI--MISCELLANEOUS PROVISIONS
``SEC. 601. NATIVE AMERICAN TELECOMMUNICATIONS IMPROVEMENT AND VALUE
ENHANCEMENT LOAN PROGRAM.
``(a) In General.--The Secretary, acting through the Rural
Utilities Service, shall establish a program to make loans to eligible
Indian tribes (or tribal entities that have entered into a partnership
with a telecommunications carrier) to enable such tribes to provide for
the development of telecommunications infrastructure (wireline or
wireless) on lands under the jurisdiction of the tribe involved.
``(b) Eligibility.--To be eligible to receive a loan under the
program established under subsection (a) an Indian tribe shall--
``(1)(A) be a member of a cooperative that is made up of
Federally-recognized Indian tribes specifically formed for the
purpose of providing telecommunications services to members of
the tribes involved; or
``(B) be a Federally-recognized Indian tribe that has
entered into an agreement with a telecommunications carrier for
the purpose of obtaining loans under this section to improve
the telecommunications infrastructure on lands under the
jurisdiction of the tribe involved; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including a telecommunications plan
that meets the requirements of section 305(d)(3)(B), including
an assurance that any amounts will only be used to provide
service to unserved or underserved areas.
``(c) Revolving Loan Fund.--
``(1) In general.--There is hereby established in the
Treasury of the United States a fund, to be known as the Native
American Telecommunications Improvement Revolving Fund
(referred to as the `Fund'), consisting of--
``(A) all notes, bonds, obligations, liens,
mortgages, and property delivered or assigned to the
Secretary pursuant to loans made under this section,
and all proceeds from the sales of such notes, bonds,
obligations, liens, mortgages, and property, which
shall be transferred to and be assets of the Fund;
``(B) all collections of principal and interest
received on a loan made under subsection (a), which
shall be paid into and be assets of the Fund; and
``(C) all amounts appropriated to the Fund under
subsection (f).
``(2) Use.--The assets of the Fund shall be used--
``(A) to make loans under subsection (a) and to
otherwise administer the loan program under this
section; and
``(B) to award grants as provided for in subsection
(e).
``(d) Interest.--The interest rate for any loan made under
subsection (a) shall not exceed an annual rate of--
``(1) two percent for loans made to tribes where the per
capita income of the area to be served under the loan is 25
percent or less of the per capita income of the entire United
States, based on the most recent census;
``(2) three percent for loans made to tribes where the per
capita income of the area to be served under the loan is at
least 26 percent but less than 34 percent of the per capita
income of the entire United States, based on the most recent
census;
``(3) four percent for loans made to tribes where the per
capita income of the area to be served under the loan is at
least 34 percent but less than 51 percent or less of the per
capita income of the entire United States, based on the most
recent census; or
``(4) five percent for loans made to tribes--
``(A) where the per capita income of the area to be
served under the loan is at least 51 percent of the per
capita income of the entire United States, based on the
most recent census; or
``(B) that otherwise meet the definition of
hardship as contained in the Rural Utilities Service
regulations in effect on the date of enactment of this
Act.
``(e) Grants.--
``(1) In general.--The Secretary shall award grants to
Indian tribes to enable such tribes to conduct feasibility
studies with respect to tribal telecommunications projects.
``(2) Limitation.--The amount of a grant awarded under
paragraph (1) shall not exceed $200,000.
``(3) Funding.--Of the amount appropriated under subsection
(f) and transferred to the Fund--
``(A) $2,000,000 shall be used to award grants
under this section in fiscal year 2001; and
``(B) an amount determined appropriate by the
Secretary from the interest derived from loans made
under this section shall be used to award grants under
this section in subsequent fiscal years.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000,000 to carry out this section.
``(g) Definitions.--In this section:
``(1) Federally-recognized indian tribe.--The term
`Federally-recognized Indian tribe' means any Indian or Alaska
Native tribe, band, nation, pueblo, village or community that
is acknowledged by the Federal Government to constitute a
government-to-government relationship with the United States
and to be eligible for the programs and services established by
the United States for Indians.
``(2) Telecommunications carrier.--The term
`telecommunications carriers' means any provider of
telecommunications services.
``(h) Termination.--The program established under this section
shall terminate on the earlier of--
``(1) the date that is 10 years after the date on which the
first loan is made under the program; or
``(2) the date on which the Secretary determines that the
telecommunications penetration rate is at least 90 percent of
all households on reservation lands.''.
|
Establishes in the Treasury the Native American Telecommunications Improvement Revolving Fund to make loans and award grants to eligible tribes. Limits loan interest rates dependent upon tribal per capita income.
Directs the Secretary to award grants to enable tribes to conduct feasibility studies with respect to telecommunications projects. Limits grants to $200,000.
Authorizes appropriations for such loans and grants.
Terminates the program on the earlier of: (1) ten years after the first loan is made; or (2) the date on which the Secretary determines that the telecommunications penetration rate is at least 90 percent of all households on reservation lands.
|
{"src": "billsum_train", "title": "Native American Telecommunications Improvement and Value Enhancement Act"}
| 1,533 | 134 | 0.576848 | 1.573787 | 0.658558 | 3.991379 | 12.155172 | 0.905172 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Land Remote Sensing
Outreach Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Program.--The term ``Program'' means the National Land
Remote Sensing Outreach Program established in section 3.
(2) Educational institution.--The term ``educational
institution'' means any public or private elementary or
secondary school, or any institution of vocational,
professional, or higher education (including a junior college
or teachers' college).
(3) Geospatial imagery.--The term ``geospatial imagery''--
(A) means satellite land remote sensing image data
registered to map or other spatial coordinates derived
from features on the ground; and
(B) includes a wide range of graphical products
that convey information about natural phenomena and
human activities occurring on Earth's surface.
(4) Image data.--The term ``image data'' means the raw,
unprocessed form of data captured from a sensing instrument.
(5) Land remote sensing.--The term ``land remote sensing''
means image data of land, coastal areas, or islands and reefs
acquired from above the surface of the Earth by instruments on
satellite platforms.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands; and
(G) the United States Virgin Islands.
(8) Indian tribe.--The term ``Indian tribe'' has the same
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
SEC. 3. NATIONAL LAND REMOTE SENSING OUTREACH PROGRAM.
(a) In General.--The Secretary shall establish and maintain a
national land remote sensing outreach program within the U.S.
Geological Survey to advance the availability, timely distribution, and
widespread use of geospatial imagery for education, research,
assessment, and monitoring purposes in each State and the lands of an
Indian tribe.
(b) Purposes.--The purposes of the program are--
(1) to increase accessibility to, and expand the use of,
remote sensing data in a standard, easy-to-use format by
Federal, State, local, and tribal governments, communities,
educational institutions, and the commercial sector; and
(2) to assist each participating State and Indian tribe in
establishing the cooperative infrastructure necessary to
increase access to geospatial imagery for research and
educational purposes.
(c) Activities.--
(1) National land remote sensing outreach program.--The
Secretary shall--
(A) support geospatial imagery sharing, applied
research, and educational programs of each
participating State and Indian tribe;
(B) identify new geospatial imagery needs and
infrastructure;
(C) share and cooperate in the development of
geospatial imagery applications, education, and
training infrastructure in each participating State and
the lands of an Indian tribe;
(D) cooperate with participating States and Indian
tribes to encourage the expansion of geospatial imagery
mapping courses taught at appropriate educational
institutions;
(E) encourage expansion of geospatial imagery
research at appropriate educational institutions;
(F) encourage expansion of the knowledge and use of
geospatial imagery products in the workforce through
outreach programs, workshops, and other training
opportunities;
(G) encourage participating States and Indian
tribes to build partnerships with local governments to
identify unique research and development needs and
geospatial imagery application pilot programs;
(H) promote cooperation and sharing of expertise
regarding geospatial imagery applications among
participating States and Indian tribes; and
(I) provide a mechanism to enable the States and
Indian tribes to transfer geospatial imagery and
applications to the U.S. Geological Survey as
appropriate.
(2) Grants.--
(A) In general.--The Secretary is authorized to
provide grants to qualified educational institutions,
or to State, local, and tribal governments, or to
consortia of these entities, on a competitive basis
to--
(i) advance the interest of the Federal
Government in promoting the use of imagery by
educational institutions, States, localities,
and Indian tribes; and
(ii) achieve the purposes of the Program
described in section 3(b).
(B) Matching funds.--
(i) In general.--The Federal share of the
cost of each program for which a grant is made
under this Act may not exceed 75 percent of the
total cost of the program.
(ii) Non-federal contribution.--In
providing the non-Federal contribution required
under this paragraph, a grantee--
(I) shall provide for such share
through a payment in cash or in kind,
fairly evaluated, including facilities,
equipment, technology, or services; and
(II) may provide for such share
through State sources or local sources,
including private funds or donated
services.
(iii) Waiver.--The Secretary may waive the
requirements of subparagraph (B), in whole or
in part, with respect to any program if the
Secretary determines that the grantee has made
a good faith effort to obtain the non-Federal
contribution at the local level but is unable
to do so.
(3) Federal partner advisory committee.--
(A) In general.--The Secretary shall establish and
maintain a committee to advise the Director of the U.S.
Geological Survey regarding the Program.
(B) Membership and appointment.--The advisory
committee under subparagraph (A) shall be chaired by
the U.S. Geological Survey and composed of such
representatives of Federal and State agencies, tribal
governments, and educational institutions as the
Secretary may designate.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
$10,000,000 to carry out this Act for each of fiscal years 2010 through
2019.
SEC. 5. SUNSET DATE.
This Act is repealed on the date that is 10 years after the date of
the enactment of this Act.
Passed the House of Representatives October 27, 2009.
Attest:
LORRAINE C. MILLER,
Clerk.
|
National Land Remote Sensing Outreach Act - Directs the Secretary of the Interior to establish and maintain a national land remote sensing outreach program within the United States Geological Survey (USGS) to advance the availability, timely distribution, and widespread use of geospatial imagery for education, research, assessment, and monitoring purposes in each state and on the lands of an Indian tribe.
Requires the Secretary, under such program, to: (1) support geospatial imagery sharing, applied research, and educational programs of each participating state and Indian tribe; (2) identify new geospatial imagery needs and infrastructure; (3) share and cooperate in the development of geospatial imagery applications, education, and training infrastructure in each participating area; (4) cooperate with participating states and tribes to encourage the expansion of geospatial imagery mapping courses taught at educational institutions; (5) encourage expansion of geospatial imagery research at such institutions; (6) encourage expansion of the knowledge and use of geospatial imagery products in the workforce through outreach programs, workshops, and other training opportunities; (7) encourage participating states and tribes to build partnerships with local governments to identify unique research and development needs and geospatial imagery application pilot programs; (8) promote cooperation and sharing of expertise regarding geospatial imagery applications among participating states and tribes; and (9) provide a mechanism to enable the states and tribes to transfer geospatial imagery and applications to USGS.
Authorizes the Secretary to provide grants to qualified educational institutions, to state, local, and tribal governments, or to consortia of these entities on a competitive basis to: (1) advance the interest of the federal government in promoting the use of imagery by educational institutions, states, localities, and tribes; and (2) achieve specified program purposes. Limits the federal share to 75% of the cost of each program for which a grant is made.
Directs the Secretary to establish and maintain a committee to advise the Director of USGS regarding the program.
|
{"src": "billsum_train", "title": "To authorize a national cooperative geospatial imagery program through the United States Geological Survey to promote use of remote sensing data."}
| 1,423 | 423 | 0.662101 | 1.921078 | 0.939851 | 5.433862 | 3.388889 | 0.968254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nevada Test Site Veterans'
Compensation Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The contribution of the State of Nevada to the security
of the United States throughout the Cold War and since has been
unparalleled.
(2) In 1950, President Harry S Truman designated what would
later be called the Nevada Test Site as the country's nuclear
proving grounds and, a month later, the first atmospheric test
at the Nevada Test Site was detonated.
(3) The United States conducted 100 above-ground and 828
underground nuclear tests at the Nevada Test Site from 1951 to
1992.
(4) Out of the 1,054 nuclear tests conducted in the United
States, 928, or 88 percent, were conducted at the Nevada Test
Site.
(5) The Nevada Test Site has served, and continues to
serve, as the premier research, testing, and development site
for the nuclear defense capabilities of the United States.
(6) The Nevada Test Site and its workers are an essential
and irreplaceable part of the Nation's defense capabilities.
(7) Individuals working on Cold War-era nuclear weapons
programs were employed in facilities owned by the Federal
Government and the private sector producing and testing nuclear
weapons and engaging in related atomic energy defense
activities for the national defense beginning in the 1940s.
(8) These Cold War atomic energy veterans helped to build
and test the nuclear arsenal that served as a deterrent during
the Cold War, sacrificing their personal health and well-being
in service to the United States.
(9) During the Cold War, many of these workers were exposed
to radiation, beryllium, and silica, and were placed in harm's
way by the Department of Energy and contractors,
subcontractors, and vendors of the Department without the
workers' knowledge or consent, without adequate radiation
monitoring, and without necessary protections from internal or
external occupational radiation exposure.
(10) The Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384 et seq.) (in this section
referred to as ``EEOICPA'') was enacted to ensure fairness and
equity for the men and women who, during the past 60 years,
performed duties uniquely related to the nuclear weapons
production and testing programs of the Department of Energy,
its predecessor agencies, and its contractors by establishing a
program that would provide timely, uniform, and adequate
compensation for beryllium- and radiation-related health
conditions.
(11) Research by the Department of Energy, the National
Institute for Occupational Safety and Health (NIOSH), NIOSH
contractors, the President's Advisory Board on Radiation and
Worker Health, and congressional committees indicates that at
certain nuclear weapons facilities--
(A) workers were not adequately monitored for
internal or external exposure to ionizing radiation;
and
(B) records were not maintained, are not reliable,
are incomplete, or fail to indicate the radioactive
isotopes to which workers were exposed.
(12) Due to the inequities posed by the factors described
above and the resulting harm to the workers, Congress
designated classes of atomic weapons employees at the Paducah,
Kentucky, Portsmouth, Ohio, Oak Ridge K-25, Tennessee, and the
Amchitka Island, Alaska, sites as members of the Special
Exposure Cohort under EEOICPA.
(13) It has become evident that it is not feasible to
estimate with sufficient accuracy in a timely manner the
radiation dose received by employees at the Department of
Energy facility at the Nevada Test Site for many reasons,
including the following:
(A) The NIOSH Technical Basis Document, the
threshold document for radiation dose reconstruction
under EEOICPA, has incomplete radionuclide lists.
(B) NIOSH has not demonstrated that it can estimate
dose from exposure to large, nonrespirable hot
particles.
(C) There are significant gaps in environmental
measurement and exposure data.
(D) Resuspension doses have been seriously
underestimated.
(E) NIOSH has not been able to estimate accurately
exposures to bomb assembly workers and radon levels.
(F) NIOSH has not demonstrated that it can
accurately sample tritiated water vapor.
(G) External dose records lack integrity.
(H) There are no beta dose data from before 1966.
(I) There are no neutron dose data from before 1966
and only partial data after such date.
(J) There are no internal dose data from before
late 1955 or 1956, and limited data until well into the
1960s.
(K) NIOSH has ignored exposure from more than a
dozen underground tests that vented, including Blanca,
Des Moines, Baneberry, Camphor, Diagonal Line, Riola,
Agrini, Midas Myth, Misty Rain, and Mighty Oak.
(L) Instead of monitoring individuals, groups were
monitored, resulting in unreliable personnel
monitoring.
(14) Some Nevada Test Site workers, despite having worked
with significant amounts of radioactive materials and having
known exposures leading to serious health effects, have been
denied compensation under EEOICPA as a result of flawed
calculations based on records that are incomplete or in error,
or based on faulty assumptions and incorrect models.
(15) Although basal cell carcinoma and chronic lymphocytic
leukemia are both radiogenic cancers that employees at the
Nevada Test Site may have contracted in the scope of their
work, EEOICPA currently will not include individuals with basal
cell carcinoma as members of the Special Exposure Cohort, nor
does it provide for compensation for employees with chronic
lymphocytic leukemia.
SEC. 3. INCLUSION OF CERTAIN NUCLEAR WEAPONS PROGRAM WORKERS IN SPECIAL
EXPOSURE COHORT UNDER ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.
(a) In General.--Section 3621 of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7384l) is amended--
(1) in paragraph (9), by adding at the end the following
new subparagraph:
``(C) An individual described in paragraph
(14)(D).''; and
(2) in paragraph (14), by adding at the end the following
new subparagraph:
``(D) The employee was so employed at the Nevada
Test Site or other similar sites located in Nevada
during the period beginning on January 1, 1950, and
ending on December 31, 1993, and contracted an
occupational illness, basal cell carcinoma, or chronic
lymphocytic leukemia, and, during such employment--
``(i) was present during an atmospheric or
underground nuclear test or performed
drillbacks, tunnel re-entry, or clean-up work
following such a test (without regard to the
duration of employment);
``(ii) was present at an event involving
the venting of an underground test or during a
planned or unplanned radiation release (without
regard to the duration of employment);
``(iii) was present during testing or post-
test activities related to nuclear rocket or
ramjet engine testing at the Nevada Test Site
(without regard to the duration of employment);
``(iv) was assigned to work at Area 51 or
other classified program areas of the Nevada
Test Site (without regard to the duration of
employment); or
``(v) was employed at the Nevada Test Site,
and was employed in a job activity that--
``(I) was monitored for exposure to
ionizing radiation; or
``(II) was comparable to a job that
is, was, or should have been monitored
for exposure to ionizing radiation at
the Nevada Test Site.''.
(b) Deadline for Claims Adjudication.--Claims for compensation
under section 3621(14)(D) of the Energy Employees Occupational Illness
Compensation Program Act of 2000, as added by subsection (a), shall be
adjudicated and a final decision issued--
(1) in the case of claims pending as of the date of the
enactment of this Act, not later than 30 days after such date;
and
(2) in the case of claims filed after the date of the
enactment of this Act, not later than 30 days after the date of
such filing.
|
Nevada Test Site Veterans' Compensation Act of 2007 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include within the definition of a "member of the Special Exposure Cohort" under the Energy Employees Occupational Illness Compensation Program a Department of Energy (DOE) employee, contractor employee, or atomic weapons employee who was so employed at the Nevada Test Site or other similar sites located in Nevada during the period of January 1, 1950, to December 31, 1993, who contracted an occupational illness, basal cell carcinoma, or chronic lymphocytic leukemia, and who met one of other specified criteria during such employment.
Establishes deadlines for claims adjudication.
|
{"src": "billsum_train", "title": "A bill to amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to provide for certain nuclear weapons program workers to be included in the Special Exposure Cohort under the compensation program established by that Act."}
| 1,818 | 152 | 0.451264 | 1.484778 | 0.659779 | 3.872 | 13.432 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Pay Telephone Protection
Act of 1998''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Some payphone service providers have increased the
charge for the use of a coin-operated pay telephone for a local
call to 35 cents but have not put into place a system for
providing change to users of such telephones for amounts
deposited in such telephones in excess of such charge.
(2) Payphone service providers should charge pay telephone
users only for the actual time of use of pay telephones.
(3) Most consumers, if given a choice, would prefer that
any amount of such excess deposits that are not refunded to
consumers be used for pay telephones for public health, safety,
and welfare purposes rather than have such excess deposits
accrue to the financial benefit of payphone service providers.
(4) There are approximately 2,000,000 pay telephones in the
United States, and payphone service providers accrue
substantial revenue at the expense of Americans who do not have
the exact amount of the charge for their use.
(5) A decision of the Federal Communications Commission to
deregulate the provision of payphone service was premature and
did not address adequately the need for local competition that
would benefit users of pay telephones.
(6) The decision of the Commission does not promote the
widespread deployment of affordable payphone service that would
benefit the general public, nor does the decision promote the
widespread deployment of public interest telephones.
(7) The use of coin-operated pay telephones represents an
increasing commercial activity that substantially affects
interstate commerce.
(8) Public interest telephones should be maintained in each
State and should be provided to promote the public safety,
health, and welfare.
(b) Purpose.--The purpose of this Act is--
(1) to require payphone service providers--
(A) to provide cash change to pay telephone users
who deposit amounts for local telephone calls in excess
of the amounts charged for such calls; or
(B) in the event that such providers do not provide
such change, to transfer amounts equal to such change
to appropriate State entities for public interest
purposes related to telephone service;
(2) to encourage such changes in pay telephone technology
as are needed to assure that payphone service providers--
(A) do not overcharge pay telephone users who do
not have the exact amount of the charge for local pay
telephone calls; and
(B) do not charge pay telephone users for any time
in which pay telephones are not actually in use; and
(3) to require the Federal Trade Commission to determine--
(A) whether dysfunctions exist in the market for
payphone service including locational monopolies in
which the size of the market concerned results in the
availability of payphone service from a single
provider; and
(B) whether rates for coin-operated pay telephones
for local telephone calls are market based.
SEC. 3. PUBLIC INTEREST PAY TELEPHONES.
Section 276(b)(2) of the Communications Act of 1934 (47 U.S.C.
276(b)(2)) is amended to read as follows:
``(2) Public interest pay telephones.--
``(A) Sense of congress.--It is the sense of
Congress that--
``(i) in the interest of the public health,
safety, and welfare, public interest pay
telephones should be available and maintained
in locations where there would not otherwise
likely be a pay telephone; and
``(ii) such public interest pay telephones
should be fairly and equitably supported.
``(B) Use of funds.--In accordance with such
regulations as the Commission shall prescribe, each
State agency that receives amounts under subsection
(c)(2)(A) shall use such amounts to promote or
otherwise support the installation, maintenance, and
use of public interest pay telephones, including
specially designed payphones for the disabled and the
provision of payphone service in remote locations,
nursing homes, emergency homeless shelters, hospitals,
facilities that assist the disabled, schools, and other
appropriate locations determined by the State agency
concerned.''.
SEC. 4. REQUIREMENT FOR CHANGE AT PAY TELEPHONES.
(a) Requirement.--Section 276 of the Communications Act of 1934 (47
U.S.C. 276), as amended by section 3 of this Act, is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Change at Pay Telephones.--
``(1) Requirement.--
``(A) In general.--Except as provided in paragraph
(2), a payphone service provider shall provide any
individual using a pay telephone of such provider to
make a telephone call described in subparagraph (B) an
amount of cash change equal to the amount (if any) by
which the amount deposited by the individual for the
call exceeds the charge for the call.
``(B) Covered telephone calls.--Subparagraph (A)
applies to any local telephone call the charge for
which exceeds 10 cents.
``(2) Alternative use of excess collections.--
``(A) Transfer.--In accordance with such
regulations as the Commission shall prescribe, a
payphone service provider may, in lieu of providing
cash change under paragraph (1)--
``(i) transfer any excess amounts collected
by the provider at pay telephones to the State
agency in the State in which the telephones are
located that is responsible for the support of
public interest pay telephones under subsection
(b)(2); or
``(ii) if the State has no such agency by
reason of a determination under subparagraph
(B), transfer such excess amounts to the
Commission for use under subparagraph (D).
``(B) State option.--
``(i) State option.--The chief executive
officer of each State may determine whether or
not to permit the transfer of funds to an
agency of such State under subparagraph (A).
``(ii) Revocation.--The chief executive
officer of a State may revoke any previous
decision with respect to the State under this
subparagraph.
``(iii) Notice.--The chief executive
officer of a State shall notify the Commission,
in writing, of any determination or revocation
of a determination under this subparagraph.
``(C) Use by states.--
``(i) In general.--A State agency receiving
amounts under subparagraph (A) shall utilize
such amounts for purposes of promoting and
supporting public interest pay telephones in
the State under subsection (b)(2).
``(ii) Additional use.--In the event that
amounts received by a State agency under
subparagraph (A) exceed the amounts determined
by the agency to be required to properly
promote and support public interest pay
telephones in the State, the agency shall
utilize the excess amounts for purposes
relating to providing universal service or
improving telephone service in the State under
section 254.
``(D) Use by commission.--
``(i) Deposit.--The Commission shall
deposit any amounts received by the Commission
under subparagraph (A) in an account in the
Treasury established for that purpose.
``(ii) Availability.--Under such
regulations as the Commission shall prescribe,
the Commission shall utilize amounts in the
account under clause (i) to assist States that
receive amounts under subparagraph (A) with
additional assistance to promote and support
public interest pay telephones under subsection
(b)(2).
``(E) Notice to consumers.--
``(i) In general.--In the event a payphone
service provider decides to transfer excess
amounts deposited at any given pay telephone
under subparagraph (A) for purposes of
supporting public interest pay telephones under
subsection (b)(2), the provider shall post at
such pay telephone a notice informing potential
users of such pay telephone that any such
excess amount shall not be returned as cash
change or credit but shall be utilized for such
purposes.
``(ii) Additional notice.--Nothing in
clause (i) shall be interpreted to limit
a State from requiring additional notices with respect to the matters
set forth in that clause.
``(3) Regulations.--
``(A) Requirement.--Not later than one year after
the date of enactment of the Consumer Pay Telephone
Protection Act of 1998, the Commission shall prescribe
the regulations required under this subsection.
``(B) Additional elements.--The regulations shall--
``(i) provide for the monitoring of the
compliance of payphone service providers with
the provisions of this subsection;
``(ii) ensure that such providers do not
pass any costs relating to such compliance to
consumers; and
``(iii) ensure that the implementation of
such provisions do not result in any reduction
in payphone service, including the imposition
of time limits on local telephone calls or
other reductions or limitations in such
service.
``(C) Effective date.--The regulations shall
provide that the provisions of the regulations take
effect not earlier than 6 months after the date of the
final issuance of the regulations and not later than 12
months after that date.''.
(b) Study of Alternative Technologies.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Federal Communications Commission
shall submit to Congress a report on the availability of
technologies or systems that permit persons who do not have
exact change to utilize pay telephones for local telephone
calls without being overcharged for such calls.
(2) Elements.--The report shall address the use of tokens,
cash debit cards, systems for crediting the monthly telephone
bills of individuals who use pay telephones, and such other
technologies and systems as the Commission considers
appropriate.
SEC. 5. STUDY OF COMPETITIVENESS OF PAY TELEPHONE MARKET.
(a) Study.--
(1) In general.--The Federal Trade Commission shall, in
consultation with the Federal Communications Commission, carry
out a study of competition in the market for intrastate
payphone service, including--
(A) whether or not locational monopolies in such
service exist by reason of the size of particular
markets for such service;
(B) whether or not potential users of such service
are effectively barred from choice in such service in
particular markets by reason of difficulties in
identifying a variety of payphone service providers in
such markets;
(C) whether or not rates for local pay telephone
calls are market-based; and
(D) whether or not there is evidence of monopoly
pricing in such service.
(2) Scope of comment.--In carrying out the study, the
Federal Trade Commission shall seek comment from a variety of
sources, including State and local public entities, consumers
and consumer representatives, and payphone service providers
and their representatives.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Federal Trade Commission shall submit to Congress a
report on the results of the study carried out under subsection (a).
The report shall include the findings of the Commission with respect to
the matters set forth under paragraph (1) of that subsection.
(c) Federal Communications Commission Action.--Notwithstanding any
provision of the Communications Act of 1934 (47 U.S.C. 151 et seq.),
the Federal Communications Commission may, as a result of the study
under subsection (a), conduct a rule-making proceeding in order to
accomplish any of the following:
(1) To set limitations on rates for local pay telephone
calls.
(2) To permit the States to establish rates for such calls
on a cost basis.
(3) To set limitations on the commissions that payphone
service providers may pay to persons who lease space to such
providers for pay telephones.
(4) To prohibit payphone service providers from entering
into exclusive contracts with persons who lease space to such
providers for pay telephones which contracts cover multiple
locations.
|
Consumer Pay Telephone Protection Act of 1998 - Amends the Communications Act of 1934 to express the sense of the Congress that: (1) public interest pay telephones should be available and maintained in locations where there would not otherwise likely be a pay telephone; and (2) such telephones should be fairly and equitably supported.
Directs each State agency that receives amounts representing unrefunded change from the use of public pay telephones to use such amounts to promote or support the installation, maintenance, and use of public interest pay telephones, including specially designed payphones for the disabled and the provision of payphone service in remote locations, nursing homes, emergency homeless shelters, hospitals, facilities that assist the disabled, schools, and other appropriate locations.
Requires a payphone service provider to provide an individual using such payphone the amount of change which exceeds the actual cost of the call, applying such requirement to any local telephone call which exceeds ten cents. Authorizes such provider, in lieu of providing such change, to transfer all excess amounts collected to the appropriate State agency or the Federal Communications Commission (FCC) to promote and support public interest pay telephones. Directs the FCC to: (1) prescribe regulations to carry out such requirements; and (2) report to the Congress on the availability of technologies or systems that permit persons who do not have exact change to use pay telephones for local calls without being overcharged.
Directs the Federal Trade Commission to study and report to the Congress on the competitiveness of the intrastate pay telephone market. Authorizes the FCC, after such study, to: (1) limit the rates for local pay telephone calls; (2) allow the States to establish such rates on a cost basis; (3) limit commissions that providers pay to persons who lease space to such providers for pay telephones; or (4) prohibit providers from entering into exclusive lease contracts which cover multiple locations.
|
{"src": "billsum_train", "title": "Consumer Pay Telephone Protection Act of 1998"}
| 2,615 | 395 | 0.69415 | 2.263473 | 0.751039 | 4.01355 | 6.682927 | 0.940379 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Handgun Safety Act of 1997''.
SEC. 2. HANDGUN SAFETY.
(a) Definition of Locking Device.--Section 921(a) of title 18,
United States Code, is amended by adding at the end the following:
``(34) The term `locking device' means--
``(A) a device that, if installed on a firearm and
secured by means of a key or a mechanically-,
electronically-, or electromechanically-operated
combination lock, prevents the firearm from being
discharged without first deactivating or removing the
device by means of a key or mechanically-,
electronically-, or electromechanically-operated
combination lock; or
``(B) a locking mechanism incorporated into the
design of a firearm that prevents discharge of the
firearm by any person who does not have access to the
key or other device designed to unlock the mechanism
and thereby allow discharge of the firearm.''.
(b) Unlawful Acts.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (x) the following:
``(y) Locking Devices and Warnings.--
``(1) In general.--Except as provided in paragraph (2),
beginning 90 days after the date of enactment of the Handgun
Safety Act of 1997, it shall be unlawful for any licensed
manufacturer, licensed importer, or licensed dealer to sell,
deliver, or transfer any handgun--
``(A) to any person other than a licensed
manufacturer, licensed importer, or licensed dealer,
unless the transferee is provided with a locking device
for that handgun; or
``(B) to any person, unless the handgun is
accompanied by the following warning, which shall
appear in conspicuous and legible type in capital
letters, and which shall be printed on a label affixed
to the gun and on a separate sheet of paper included
within the packaging enclosing the handgun:
```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY
ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS
SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT
IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE
TO CHILDREN.
`FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY
RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW.
IN ADDITION, FEDERAL LAW PROHIBITS THE POSSESSION OF
A HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.'
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) the--
``(i) manufacture for, transfer to, or
possession by, the United States or a State or
a department or agency of the United States, or
a State or a department, agency, or political
subdivision of a State, of a handgun; or
``(iii) the transfer to, or possession by,
a law enforcement officer employed by an entity
referred to in clause (i) of a handgun for law
enforcement purposes (whether on or off-duty);
or
``(B) the transfer to, or possession by, a rail
police officer employed by a rail carrier and certified
or commissioned as a police officer under the laws of a
State of a handgun for purposes of law enforcement
(whether on or off-duty).''.
(c) Civil Penalties.--Section 924 of title 18, United States Code,
is amended--
(1) in subsection (a)(1), by striking ``or (f)'' and
inserting ``(f), or (p)''; and
(2) by adding at the end the following:
``(p) Penalties Relating to Locking Devices and Warnings.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of
subparagraph (A) or (B) of section 922(y)(1) by a
licensee, the Secretary may, after notice and
opportunity for hearing--
``(i) suspend or revoke any license issued
to the licensee under this chapter; or
``(ii) subject the licensee to a civil
penalty in an amount equal to not more than
$10,000.
``(B) Review.--An action of the Secretary under
this paragraph may be reviewed only as provided in
section 923(f).
``(2) Administrative remedies.--The suspension or
revocation of a license or the imposition of a civil penalty
under paragraph (1) does not preclude any administrative remedy
that is otherwise available to the Secretary.''.
SEC. 3. STUDY ON STANDARDS FOR LOCKING DEVICES.
Not later than 1 year after the date of enactment of this Act, the
National Institute of Justice shall--
(1) conduct a study to determine the feasibility of
developing minimum quality standards for locking devices (as
that term is defined in section 921(a) of title 18, United
States Code (as amended by this Act)); and
(2) submit to the Attorney General of the United States and
the Secretary of the Treasury a report, which shall include the
results of the study under paragraph (1) and any
recommendations for legislative or regulatory action.
|
Handgun Safety Act of 1997 - Amends Federal criminal law to define (firearm) "locking device."
Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device or a specified related warning, with exceptions for law enforcement and governmental entities.
Sets forth civil penalties (in addition to any administrative penalties) for related violations, including suspension or loss of license.
Directs the National Institute of Justice to study and report to the Attorney General and the Secretary of the Treasury on the feasibility of developing minimum quality standards for locking devices.
|
{"src": "billsum_train", "title": "Handgun Safety Act of 1997"}
| 1,266 | 132 | 0.513167 | 1.345045 | 0.60004 | 2.347458 | 9.025424 | 0.855932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inspector General Improvement Act of
2012''.
SEC. 2. ASSIGNMENT OF INSPECTOR GENERAL TO CERTAIN FEDERAL ENTITIES.
(a) Agency for International Development.--In addition to the other
duties and responsibilities specified in the Inspector General Act of
1978 (5 U.S.C. App.) the Inspector General of the Agency for
International Development shall supervise, direct, and control audit
and investigative activities (relating to such audits) pertaining to
programs and operations within each of the following:
(1) Trade and Development Agency.
(2) Japan-United States Friendship Commission.
(3) Overseas Private Investment Corporation.
(b) Board of Governors of the Federal Reserve System.--In addition
to the other duties and responsibilities specified in the Inspector
General Act of 1978 (5 U.S.C. App.) the Inspector General of the Board
of Governors of the Federal Reserve System shall supervise, direct, and
control audit and investigative activities (relating to such audits)
pertaining to programs and operations within the Financial Institutions
Examination Council.
(c) Department of Defense.--In addition to the other duties and
responsibilities specified in the Inspector General Act of 1978 (5
U.S.C. App.) the Inspector General of the Department of Defense shall
supervise, direct, and control audit and investigative activities
(relating to such audits) pertaining to programs and operations within
the Selective Service System.
(d) Department of Education.--In addition to the other duties and
responsibilities specified in the Inspector General Act of 1978 (5
U.S.C. App.) the Inspector General of the Department of Education shall
supervise, direct, and control audit and investigative activities
(relating to such audits) pertaining to programs and operations within
each of the following:
(1) James Madison Memorial Fellowship Foundation.
(2) Christopher Columbus Fellowship Foundation.
(3) Morris K. Udall and Stewart L. Udall Foundation.
(4) Barry M. Goldwater Scholarship and Excellence in
Education Program.
(5) Vietnam Education Foundation.
(6) Harry S Truman Scholarship Foundation.
(7) National Council on Disability.
(e) Federal Labor Relations Authority.--In addition to the other
duties and responsibilities specified in the Inspector General Act of
1978 (5 U.S.C. App.) the Inspector General of the Federal Labor
Relations Authority shall supervise, direct, and control audit and
investigative activities (relating to such audits) pertaining to
programs and operations within the National Mediation Board.
(f) Department of Health and Human Services.--In addition to the
other duties and responsibilities specified in the Inspector General
Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of
Health and Human Services shall supervise, direct, and control audit
and investigative activities (relating to such audits) pertaining to
programs and operations within each of the following:
(1) Architectural and Transportation Barriers Compliance
Board (Access Board).
(2) U.S. Interagency Council on Homelessness.
(3) Medicare Payment Advisory Commission.
(g) Department of Homeland Security.--In addition to the other
duties and responsibilities specified in the Inspector General Act of
1978 (5 U.S.C. App.) the Inspector General of the Department of
Homeland Security shall supervise, direct, and control audit and
investigative activities (relating to such audits) pertaining to
programs and operations within the Commission on the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism.
(h) Department of the Interior.--In addition to the other duties
and responsibilities specified in the Inspector General Act of 1978 (5
U.S.C. App.) the Inspector General of the Department of the Interior
shall supervise, direct, and control audit and investigative activities
(relating to such audits) pertaining to programs and operations within
each of the following:
(1) Arctic Research Commission.
(2) Office of the Federal Coordinator for Alaska Natural
Gas Transportation.
(3) Valles Caldera Trust.
(4) International Boundary Commission: United States and
Canada.
(5) International Joint Commission: United States and
Canada.
(6) Office of Navajo and Hopi Indian Relocation.
(7) Utah Reclamation Mitigation and Conservation
Commission.
(8) Dwight D. Eisenhower Memorial Commission.
(9) The portion of the Presidio managed by the National
Park Service.
(10) International Boundary and Water Commission.
(i) Department of Labor.--In addition to the other duties and
responsibilities specified in the Inspector General Act of 1978 (5
U.S.C. App.) the Inspector General of the Department of Labor shall
supervise, direct, and control audit and investigative activities
(relating to such audits) pertaining to programs and operations within
each of the following:
(1) Occupational Safety and Health Review Commission.
(2) Federal Mine Safety and Health Review Commission.
(3) Federal Mediation Conciliation Service.
(j) Department of State.--In addition to the other duties and
responsibilities specified in the Inspector General Act of 1978 (5
U.S.C. App.) the Inspector General of the Department of State shall
supervise, direct, and control audit and investigative activities
(relating to such audits) pertaining to programs and operations within
the United States Commission on International Religious Freedom.
(k) Department of the Treasury.--In addition to the other duties
and responsibilities specified in the Inspector General Act of 1978 (5
U.S.C. App.) the Treasury Inspector General for Tax Administration
shall supervise, direct, and control audit and investigative activities
(relating to such audits) pertaining to programs and operations within
the United States Tax Court.
(l) Environmental Protection Agency.--In addition to the other
duties and responsibilities specified in the Inspector General Act of
1978 (5 U.S.C. App.) the Inspector General of the Environmental
Protection Agency shall supervise, direct, and control audit and
investigative activities (relating to such audits) pertaining to
programs and operations within the Marine Mammal Commission.
(m) General Services Administration.--In addition to the other
duties and responsibilities specified in the Inspector General Act of
1978 (5 U.S.C. App.) the Inspector General of the General Services
Administration shall supervise, direct, and control audit and
investigative activities (relating to such audits) pertaining to
programs and operations within each of the following:
(1) National Capital Planning Commission.
(2) Commission of Fine Arts.
(3) Committee for Purchase from People Who Are Blind or
Severely Disabled.
(n) Government Accountability Office.--In addition to the other
duties and responsibilities specified in section 705 of title 31,
United States Code, the Inspector General of the Government
Accountability Office shall supervise, direct, and control audit and
investigative activities (relating to such audits) pertaining to
programs and operations within the Administrative Conference of the
United States.
(o) Intelligence Community.--In addition to the other duties and
responsibilities specified in section 103H of the National Security Act
of 1947 (50 U.S.C. 403-3h), the Inspector General of the Intelligence
Community shall supervise, direct, and control audit and investigative
activities (relating to such audits) pertaining to programs and
operations within the Public Interest Declassification Board.
(p) National Archives and Records Administration.--In addition to
the other duties and responsibilities specified in the Inspector
General Act of 1978 (5 U.S.C. App.) the Inspector General of the
National Archives and Records Administration shall supervise, direct,
and control audit and investigative activities (relating to such
audits) pertaining to programs and operations within the Advisory
Council on Historic Preservation.
(q) Nuclear Regulatory Commission.--In addition to the other duties
and responsibilities specified in the Inspector General Act of 1978 (5
U.S.C. App.) the Inspector General of the Nuclear Regulatory Commission
shall supervise, direct, and control audit and investigative activities
(relating to such audits) pertaining to programs and operations within
the Nuclear Waste Technical Review Board.
(r) Office of Personnel Management.--In addition to the other
duties and responsibilities specified in the Inspector General Act of
1978 (5 U.S.C. App.) the Inspector General of the Office of Personnel
Management shall supervise, direct, and control audit and investigative
activities (relating to such audits) pertaining to programs and
operations within the Federal Retirement Thrift Investment Board.
(s) Smithsonian Institution.--In addition to the other duties and
responsibilities specified in the Inspector General Act of 1978 (5
U.S.C. App.) the Inspector General of the Smithsonian Institution shall
supervise, direct, and control audit and investigative activities
(relating to such audits) pertaining to programs and operations within
the United States Holocaust Memorial Museum.
|
Inspector General Improvement Act of 2012 - Requires the inspectors general of the following federal agencies, in addition to the other duties and responsibilities specified in the Inspector General Act of 1978, to supervise, direct, and control audit and investigative activities pertaining to programs and operations:
U.S. Agency for International Development (USAID); Board of Governors of the Federal Reserve System; Department of Defense (DOD); Department of Education; Federal Labor Relations Authority (FLRA); Department of Health and Human Services (HHS); Department of Homeland Security (DHS); Department of the Interior; Department of Labor; Department of State; Department of the Treasury; Environmental Protection Agency (EPA); General Services Administration (GSA); Government Accountability Office (GAO); Intelligence Community; National Archives and Records Administration (NARA); Nuclear Regulatory Commission (NRC); Office of Personnel Management (OPM); and Smithsonian Institution.
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{"src": "billsum_train", "title": "To provide for Inspector General oversight for Federal entities not otherwise subject to such oversight, and for other purposes."}
| 1,871 | 196 | 0.491533 | 1.514788 | 0.93134 | 3.073446 | 9.80226 | 0.813559 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dextromethorphan Abuse Reduction Act
of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) When used properly, cough medicines that contain
dextromethorphan have a long history of being safe and
effective. But abuse of dextromethorphan at doses that exceed
the recommended levels can produce hallucinations, rapid heart
beat, high blood pressure, loss of consciousness, and seizures.
The dangers multiply when dextromethorphan is abused with
alcohol, prescription drugs, or narcotics.
(2) Dextromethorphan is inexpensive, legal, and readily
accessible, which has contributed to the increased abuse of the
drug, particularly among teenagers.
(3) Increasing numbers of teens and others are abusing
dextromethorphan by ingesting it in excessive quantities.
Prolonged use at high doses can lead to psychological
dependence on the drug. Abuse of dextromethorphan can also
cause impaired judgment, which can lead to injury or death.
(4) An estimated 1,700,000 teenagers (7 percent of teens)
abused over-the-counter cough medicines in 2008.
(5) The Food and Drug Administration has called the abuse
of dextromethorphan a ``serious issue'' and has said that while
dextromethorphan, ``when formulated properly and used in small
amounts, can be safely used in cough suppressant medicines,
abuse of the drug can cause death as well as other serious
adverse events such as brain damage, seizure, loss of
consciousness, and irregular heart beat.''
(6) In recognition of the problem, several retailers have
voluntarily implemented age restrictions on purchases of cough
and cold medicines containing dextromethorphan, and several
manufacturers have placed language on packaging of cough and
cold medicines alerting parents to the dangers of medicine
abuse.
(7) Prevention is a key component of the effort to address
the rise in the abuse of dextromethorphan and other legal
medications. Education campaigns teaching teens and parents
about the dangers of these drugs are an important part of this
effort.
SEC. 3. SALES OF PRODUCTS CONTAINING DEXTROMETHORPHAN.
(a) Sales of Products Containing Dextromethorphan.--
(1) In general.--Part D of title II of the Controlled
Substances Act (21 U.S.C. 841 et seq.) is amended by adding at
the end the following:
``SEC. 424. CIVIL PENALTIES FOR CERTAIN DEXTROMETHORPHAN SALES.
``(a) In General.--
``(1) Sale.--
``(A) In general.--Except as provided in paragraph
(2), it shall be unlawful for any person to knowingly
or intentionally sell, cause another to sell, or
conspire to sell a product containing dextromethorphan
to an individual under 18 years of age, including any
such sale using the Internet.
``(B) Failure to check identification.--If a person
fails to request identification from an individual
under 18 years of age and sells a product containing
dextromethorphan to that individual, that person shall
be deemed to have known that the individual was under
18 years of age.
``(C) Affirmative defense.--It shall be an
affirmative defense to an alleged violation of
subparagraph (A) that the person selling a product
containing dextromethorphan examined the purchaser's
identification card and, based on that examination,
that person reasonably concluded that the
identification was valid and indicated that the
purchaser was not less than 18 years of age.
``(2) Exception.--This section shall not apply to any sale
made pursuant to a validly issued prescription.
``(3) Regulations.--Not later than 180 days after the date
of enactment of this section, the Attorney General shall
promulgate regulations for Internet sales of products
containing dextromethorphan to ensure compliance with this
subsection. The Attorney General may issue interim rules as
necessary to ensure that such rules take effect not later than
180 days after the date of enactment of this section.
``(b) Civil Penalty.--
``(1) In general.--The Attorney General may file a civil
action in an appropriate United States district court to
enforce subsection (a).
``(2) Maximum amount.--Any person who violates subsection
(a)(1)(A) shall be subject to a civil penalty in an amount--
``(A) not more than $1,000 for the first violation
of subsection (a)(1)(A) by a person;
``(B) not more than $2,000 for the second violation
of subsection (a)(1)(A) by a person; and
``(C) not more than $5,000 for the third violation,
or a subsequent violation, of subsection (a)(1)(A) by a
person.
``(3) Employee or agent.--A violation of subsection
(a)(1)(A) by an employee or agent of a person shall be deemed a
violation by the person as well as a violation by the employee
or agent.
``(4) Factors.--In determining the amount of a civil
penalty under this subsection for a person who is a retailer, a
court may consider whether the retailer has taken appropriate
steps to prevent subsequent violations, such as--
``(A) the establishment and administration of a
documented employee training program to ensure all
employees are familiar with and abiding by the
provisions of this section; or
``(B) other actions taken by a retailer to ensure
compliance with this section.
``(c) Definitions.--In this section--
``(1) the term `identification card' means an
identification card that--
``(A) includes a photograph and the date of birth
of the individual; and
``(B) is--
``(i) issued by a State or the Federal
Government; or
``(ii) considered acceptable for purposes
of sections 274a.2(b)(1)(v)(A) and
274a.2(b)(1)(v)(B)(1) of title 8, Code of
Federal Regulations (as in effect on or after
the date of the enactment of the
Dextromethorphan Abuse Reduction Act of 2009);
and
``(2) the term `retailer' means a grocery store, general
merchandise store, drug store, pharmacy, convenience store, or
other entity or person whose activities as a distributor
relating to products containing dextromethorphan are limited
almost exclusively to sales for personal use, both in number of
sales and volume of sales, either directly to walk-in customers
or in face-to-face transactions by direct sales.''.
(2) Sense of the senate.--It is the sense of the Senate
that--
(A) manufacturers of products containing
dextromethorphan should continue the practice of
including language on packages cautioning consumers
about the dangers of dextromethorphan abuse; and
(B) retailers selling products containing
dextromethorphan should implement appropriate
safeguards to protect against the theft of such
products.
(b) Prevention Funding.--
(1) Prescription and nonprescription drug abuse prevention
grants.--
(A) In general.--The Director of National Drug
Control Policy shall provide grants to one or more
eligible entities for the creation and operation of a
nationwide education campaign directed at individuals
under the age of 18 years and their parents regarding
the prevention of abuse of prescription and
nonprescription drugs (including dextromethorphan).
(B) Eligible entity.--For purposes of subparagraph
(A), the term ``eligible entity'' means an organization
that--
(i) is a not-for-profit organization;
(ii) has broad national experience and a
nationwide presence and capabilities;
(iii) has specific expertise and experience
in conducting nationwide education campaigns;
(iv) has experience working directly with
parents, teens, people in recovery, addiction
scientists, and drug specialists to design drug
education programs;
(v) has conducted research upon which to
base the campaign specified in subparagraph
(A);
(vi) has experience generating news media
coverage related to drug prevention;
(vii) is able to secure pro bono media time
and space to support the campaign specified in
subparagraph (A); and
(viii) has a well-established national
Internet presence targeting parents seeking
information about drug prevention and
intervention.
(C) Authorization of appropriations.--There are
authorized to be appropriated $4,000,000, for each of
fiscal years 2010 through 2012 to carry out this
paragraph.
(D) Supplement not supplant.--Grant funds provided
under this subsection shall be used to supplement, not
supplant, Federal and non-Federal funds available for
carrying out the activities described in this
subsection.
(2) Grants for education, training and technical assistance
to community coalitions.--
(A) In general.--The Director of National Drug
Control Policy shall award a grant to the entity
created by section 4 of Public Law 107-82, as amended
by Public Law 109-469 (21 U.S.C. 1521 note), for the
development and provision of specially tailored
education, training, and technical assistance to
community coalitions throughout the nation regarding
the prevention of abuse of prescription and
nonprescription drugs (including dextromethorphan).
(B) Authorization of appropriations.--There are
authorized to be appropriated $1,500,000, for each of
fiscal years 2010 through 2012 to carry out this
paragraph.
(C) Supplement not supplant.--Grant funds provided
under this subsection shall be used to supplement, not
supplant, Federal and non-Federal funds available for
carrying out the activities described in this
subsection.
(c) Supplemental Grants for Communities With Major Prescription and
Nonprescription Drug Issues.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the
Administrator of the Substance Abuse and Mental Health
Services Administration;
(B) the term ``drug'' has the meaning given that
term in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321);
(C) the term ``eligible entity'' means an
organization that--
(i) before the date on which the
organization submits an application for a grant
under this subsection, has received a grant
under the Drug-Free Communities Act of 1997 (21
U.S.C. 1521 et seq.); and
(ii) has documented, using local data,
rates of prescription or nonprescription drug
abuse above national averages for comparable
time periods, as determined by the
Administrator (including appropriate
consideration of the Monitoring the Future
Survey by the University of Michigan);
(D) the term ``nonprescription drug'' has the
meaning given that term in section 760 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379aa); and
(E) the term ``prescription drug'' means a drug
described in section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).
(2) Authorization of program.--From amounts made available
to carry out this subsection, the Administrator, in
consultation with the Director of the Office of National Drug
Control Policy, shall make enhancement grants to eligible
entities to implement comprehensive community-wide strategies
regarding the prevention of abuse of prescription and
nonprescription drugs (including dextromethorphan).
(3) Application.--
(A) In general.--An eligible entity seeking an
enhancement grant under this subsection shall submit an
application to the Administrator at such time, in such
manner, and accompanied by such information as the
Administrator may require.
(B) Criteria.--As part of an application for a
grant under this subsection, the Administrator shall
require an eligible entity to submit a detailed,
comprehensive, multisector plan for addressing abuse of
prescription and nonprescription drugs (including
dextromethorphan).
(4) Uses of funds.--An eligible entity that receives a
grant under this subsection shall use the grant funds for
implementing a comprehensive, community-wide strategy that
addresses abuse of prescription and nonprescription drugs
(including dextromethorphan) in that community, in accordance
with the plan submitted under paragraph (3)(B).
(5) Grant terms.--A grant under this subsection--
(A) shall be made for a period of not more than 4
years; and
(B) shall not be in an amount of more than $100,000
per year.
(6) Supplement not supplant.--Grant funds provided under
this subsection shall be used to supplement, not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this subsection.
(7) Evaluation.--A grant under this subsection shall be
subject to the same evaluation requirements and procedures as
the evaluation requirements and procedures required of the
recipient of a grant under the Drug-Free Communities Act of
1997 (21 U.S.C. 1521 et seq.).
(8) Administrative expenses.--Not more than 6 percent of a
grant under this subsection may be expended for administrative
expenses.
(9) Authorization of appropriations.--There are authorized
to be appropriated $4,000,000 for each of fiscal years 2010
through 2012 to carry out this subsection.
(d) Data Collection.--It is the sense of the Senate that Federal
agencies and grantees that collect data on drug use trends should
ensure that the survey instruments used by such agencies and grantees
include questions to ascertain changes in the trend of abuse of
prescription and nonprescription drugs (including dextromethorphan).
(e) Technical and Conforming Amendments.--
(1) In general.--Section 201(g) of the Controlled
Substances Act (21 U.S.C. 811(g)) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2).
(2) Table of contents.--The table of contents for the
Comprehensive Drug Abuse Prevention and Control Act of 1970
(Public Law 91-513; 84 Stat. 1236) is amended by inserting
after the item relating to section 423 the following:
``Sec. 424. Civil penalties for certain dextromethorphan sales.''.
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Dextromethorphan Abuse Reduction Act of 2009 - Amends the Controlled Substances Act to prohibit sales of products containing dextromethorphan (including cough medicines) to individuals under age 18, including sales using the Internet, and to impose civil penalties for such sales.
Directs the Director of National Drug Control Policy to provide grants to certain nonprofit drug prevention entities, including the National Community Antidrug Coalition Institute, for antidrug educational campaigns aimed at individuals under age 18 and for assistance to community antidrug coalitions to prevent abuse of prescription and nonprescription drugs (including dextromethorphan).
Directs the Administrator of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services (HHS) to make grants to implement comprehensive community-wide strategies for preventing abuse of prescription and nonprescription drugs (including dextromethorphan).
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{"src": "billsum_train", "title": "A bill to amend the Controlled Substances Act to prevent the abuse of dextromethorphan, and for other purposes."}
| 3,229 | 196 | 0.473813 | 1.328976 | 0.584342 | 2.791946 | 18.758389 | 0.885906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Silver Alert Grant Program Act of
2008''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) create a grant program to encourage the establishment
and improvement of State-administered notification systems to
help find missing seniors and other individuals with
Alzheimer's disease and other dementia-related illnesses before
the missing seniors and other individuals harm themselves or
others;
(2) promote best practices, based on the experiences of
existing Silver Alert systems, to guide the establishment of
new Silver Alert systems and the improvement of existing Silver
Alert systems; and
(3) increase awareness about the need for coordinated
efforts between families, caregivers, local communities, and
law enforcement authorities to help locate missing individuals
as quickly as possible to increase the chances of safely
reuniting the individuals with their families.
SEC. 3. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) According to the National Institute on Aging at the
National Institutes of Health, as many as 5,000,000 people in
the United States may suffer from Alzheimer's disease.
(2) The National Institute on Aging reports that, although
Alzheimer's disease usually impacts people age 60 and older,
younger people can also be affected, and the risk of developing
Alzheimer's disease increases with age.
(3) An analysis of data on Alzheimer's disease in the
United States shows that 1 in 8 people over the age of 65 have
Alzheimer's disease, and that every 71 seconds another
individual in the United States develops the disease.
(4) The aging of the members of the baby boomer generation
will increase the number of people suffering from Alzheimer's
disease and other dementia-related illnesses in the coming
years.
(5) The Alzheimer's Association estimates that more than 60
percent of people suffering from Alzheimer's disease will
wander away from their homes or care-giving facilities during
their lifetimes.
(6) Alzheimer's disease and other dementia-related
illnesses leave their victims confused, disoriented, and often
unable return to their to homes, families, or care-giving
facilities.
(7) States such as Colorado, Illinois, Michigan, North
Carolina, and Texas have established State-administered
notification systems, modeled after the highly successful Amber
Alert system, to help disseminate relevant information about
missing seniors and those with other dementia-related illnesses
to law enforcement and other appropriate authorities in an
expeditious manner. The experiences of these States have shown
that the timely notification and dissemination of appropriate
information about missing individuals greatly increases the
chances of that the individuals will be located.
(8) Other States have explored the development of such
systems but have faced difficulty creating and implementing
such systems due to budget constraints.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Silver Alert systems--
(A) should include definitive criteria for issuing
Silver Alerts to ensure that the impact of such Alerts
is not lessened by overly frequent notifications;
(B) should not permit a determination of whether to
issue a Silver Alert to be based solely on the age of
the missing individual;
(C) should only be used to issue Silver Alerts with
respect to individuals who are incapable of making
personal care decisions or managing their own personal
affairs;
(D) should only be initiated by a person--
(i) who has had recent contact with the
missing individual with respect to whom a
Silver Alert may be issued; and
(ii) who is a legal guardian, a close
family member, a resident of the same
household, or a caregiver of the missing
individual;
(E) should protect the privacy, dignity,
independence, and autonomy of the individuals with
respect to whom Silver Alerts are issued;
(F) should encourage the training of law
enforcement officers and other first responders about
the most appropriate methods of locating missing
individuals with Alzheimer's disease and other
dementia-related illnesses, determining whether an
individual suffers from a dementia-related illness, and
the most effective way to communicate with such an
individual; and
(G) should encourage coordination between
appropriate State officials administering such systems
and local entities administering programs under the
Missing Alzheimer's Disease Patient Alert Program; and
(2) the Federal Government can play an important role in
preventing injuries and loss of life among those with
Alzheimer's disease and other dementia-related illnesses by
helping States defray the costs of establishing, implementing,
and improving Silver Alert systems.
SEC. 4. SILVER ALERT SYSTEM GRANT PROGRAM.
(a) Grant Program Authorized.--The Attorney General is authorized
to award grants to States to--
(1) establish and implement a Silver Alert system; or
(2) make improvements to an existing Silver Alert system.
(b) Grant Period; Minimum Award.--
(1) Grant period.--Each grant under this section shall be
awarded for a one-year period, and may be renewed for
additional one-year periods as the Attorney General determines
to be appropriate.
(2) Minimum award.--Each grant awarded to a State under
this section shall be for an amount that is not less than
$100,000.
(c) Regulations.--Not later than one year after the date of the
enactment of this Act, the Attorney General shall prescribe such
regulations as may be necessary to carry out this section, including--
(1) eligibility and application criteria for States
desiring to receive a grant under this section; and
(2) selection criteria to be used by the Attorney General
to select the States that will receive a grant under this
section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,600,000 for each of the
fiscal years 2009 through 2013.
SEC. 5. ANNUAL REPORT ON SILVER ALERT SYSTEMS.
Not later than one year after the date of enactment of this Act,
and annually thereafter, the Attorney General shall prepare and make
available to the House of Representatives and the Senate a report
related to Silver Alert systems, which shall include--
(1) a list of States that have established Silver Alert
systems;
(2) for each State that has established such a system--
(A) the number of Silver Alerts issued;
(B) the number of individuals located successfully;
(C) the average period of time between the issuance
of a Silver Alert and the location of the individual
for whom such Alert was issued;
(D) the State agency or authority issuing Silver
Alerts, and the process by which Silver Alerts are
disseminated;
(E) the cost of establishing and operating such a
system;
(F) the criteria used by the State to determine
whether to issue a Silver Alert; and
(G) the extent to which missing individuals for
whom Silver Alerts were issued crossed State lines;
(3) actions States have taken to protect the privacy and
dignity of the individuals for whom Silver Alerts are issued;
(4) ways that States have facilitated and improved
communication about missing individuals between families,
caregivers, law enforcement officials, and other authorities;
and
(5) any other information the Attorney General determines
to be appropriate.
SEC. 6. DEFINITIONS.
For the purposes of this Act:
(1) Silver alert system.--The term ``Silver Alert system''
means a State-administered notification system to help locate
missing individuals with Alzheimer's disease and other
dementia-related illnesses.
(2) State.--The term State means each of the several States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the United States Virgin
Islands, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
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Silver Alert Grant Program Act of 2008 - Authorizes the Attorney General to award grants to states to implement or improve a Silver Alert system. Defines "Silver Alert system" to mean a state-administered notification system to help locate missing individuals with Alzheimer's disease and other dementia-related illnesses.
Requires the Attorney General to report to Congress on Silver Alert systems, including: (1) a list of states that have established such systems; (2) information on each state's system; (3) actions states have taken to protect the privacy and dignity of the individuals for whom Silver Alerts are issued; and (4) ways that states have facilitated and improved communication about missing individuals between families, caregivers, law enforcement officials, and other authorities.
|
{"src": "billsum_train", "title": "To authorize a grant program to help establish and improve State-administered notification systems to help locate missing individuals with Alzheimer's disease and other dementia-related illnesses, and for other purposes."}
| 1,645 | 161 | 0.615438 | 1.879148 | 0.683029 | 6.342466 | 11.061644 | 0.945205 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Government Tax-Exempt Bond
Authority Amendments Act of 1999''.
SEC. 2. CONSTITUTIONAL AUTHORITY.
The Constitutional authority upon which this Act rests is the power
of Congress to lay and collect taxes and to regulate commerce with
foreign nations and among the several States and with the Indian
tribes, as set forth in section 8 of Article I of the United States
Constitution.
SEC. 3. MODIFICATIONS OF AUTHORITY OF INDIAN TRIBAL GOVERNMENTS TO
ISSUE TAX-EXEMPT BONDS.
(a) General Provision.--Subsection (c) of section 7871 of the
Internal Revenue Code of 1986 (relating to Indian tribal governments
treated as States for certain purposes) is amended to read as follows:
``(c) Additional Requirements for Tax-Exempt Bonds.--
``(1) In general.--Subsection (a) of section 103 shall
apply to any obligation issued by an Indian tribal government
(or subdivision thereof) only if such obligation is part of an
issue 95 percent or more of the net proceeds of which are to be
used to finance facilities located on land within or in close
proximity to the exterior boundaries of an Indian reservation.
``(2) Private activity bonds.--Any private activity bond
(as defined in section 141(a)) issued by an Indian tribal
government (or subdivision thereof) shall be treated as a
qualified bond for purposes of section 103(b)(1) to which
section 146 does not apply if--
``(A) General restrictions.--The requirements of
section 144(a)(8)(B) and section 147 are met with
respect to the issue.
``(B) Specific restrictions.--
``(i) Ownership.--In the case of an issue
the net proceeds of which exceed $500,000, 50
percent or more of the profits or capital
interests in the facilities to be financed
thereby (or in the entity owning the
facilities) are owned either by an Indian
tribe, a subdivision thereof, a corporation
chartered under section 17 of the Indian
Reorganization Act of 1934 (25 U.S.C. 477) or
section 3 of the Oklahoma Welfare Act (25
U.S.C. 503), individual enrolled members of an
Indian Tribe, an entity wholly-owned by any of
the foregoing, or any combination thereof.
``(ii) Employment test.--It is reasonably
expected (at the time of issuance of the
obligations) that for each $100,000 of net
proceeds of the issue at least 1 employee
rendering services at the financed facilities
is an enrolled member of an Indian tribe or the
spouse of an enrolled member of an Indian
tribe.
``(iii) Gaming.--No part of the issue of
which such bond is a part is used for property
(or any portion thereof) placed in service for
purposes of conducting or housing class I, II,
or III gaming (as defined in section 4 of the
Indian Regulatory Act (25 U.S.C. 2703)).
``(3) Definitions.--For purposes of this subsection--
``(A) Indian tribe.--The term `Indian tribe' means
any Indian tribe, band, nation, pueblo, or other
organized group or community, including any Alaska
Native village, or regional or village corporation, as
defined in, or established pursuant to, the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
which is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.
``(B) Indian reservation.--The term `Indian
reservation' means a reservation, as defined in--
``(i) section 3(d) of the Indian Financing
Act of 1974 (25 U.S.C. 1452(d)); or
``(ii) section 4(10) of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1903(10)).
``(C) In close proximity to.--The term `in close
proximity to' means--
``(i) in the case of an Indian reservation,
or portion thereof, located within a
metropolitan statistical area (within the
meaning of section 143(k)(2)(B)), within 1 mile
of the boundaries of such reservation, or
portion thereof; and
``(ii) in the case of an Indian
reservation, or portion thereof, located within
a nonmetropolitan area (as defined in section
42(d)(5)(C)(iv)(IV)), within 15 miles of the
boundaries of such reservation, or portion
thereof.
``(D) Net proceeds.--The term `net proceeds' has
the meaning given such term by section 150(a)(3).''
(b) Conforming Amendment.--Paragraph (3) of section 149(b) of the
Internal Revenue Code of 1986 (relating to federally guaranteed bond is
not exempt) is amended by redesignating subparagraph (D) as
subparagraph (E) and by inserting after subparagraph (C) the following
new subparagraph:
``(D) Exception for bonds issued by indian tribal
governments.--Paragraph (1) shall not apply to any bond
issued by an Indian tribal government (or subdivision
thereof) unless such bond is federally guaranteed
within the meaning of paragraph (2)(B)(ii).''
SEC. 4. EXEMPTION FROM REGISTRATION REQUIREMENTS.
The first sentence of section 3(a)(2) of the Securities Act of 1933
(15 U.S.C. 77c(a)(2)) is amended by inserting ``or by any Indian tribal
government or subdivision thereof (within the meaning of section 7871
of the Internal Revenue Code of 1986),'' after ``or Territories,''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to obligations issued
after the date of the enactment of this Act.
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Amends the Securities Act of 1933 to exempt obligations issued by an Indian tribal government or subdivision from registration requirements.
|
{"src": "billsum_train", "title": "Tribal Government Tax-Exempt Bond Authority Amendments Act of 1999"}
| 1,360 | 25 | 0.474214 | 1.148488 | 0.177846 | 3.619048 | 54.761905 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Forever Act of
2008''.
SEC. 2. TAX IMPOSED ON WAGES IN EXCESS OF CONTRIBUTION AND BENEFIT
BASE.
(a) Tax on Employees.--Section 3101 of the Internal Revenue Code of
1986 (relating to rate of tax) is amended by adding at the end the
following new subsection:
``(d) Wages Received in Excess of Contribution and Benefit Base.--
In addition to the taxes imposed by subsections (a) and (b) and
notwithstanding subsection (c), there is hereby imposed on the income
of every individual a tax equal to 3 percent of the excess (if any)
of--
``(1) the wages (as defined in section 3121(a)) received by
him with respect to employment (as defined in section 3121(b))
during the calendar year, over
``(2) so much of such wages as does not exceed the
contribution and benefit base, as determined under section 230
of the Social Security Act for such calendar year.''.
(b) Tax on Employers.--Section 3111 of such Code (relating to rate
of tax) is amended by adding at the end the following new subsection:
``(d) Wages Paid in Excess of Contribution and Benefit Base.--In
addition to the taxes imposed by subsections (a) and (b) and
notwithstanding subsection (c), there is hereby imposed on every
employer an excise tax, with respect to having individuals in his
employ, equal to 3 percent of the excess (if any) of--
``(1) the wages (as defined in section 3121(a)) paid by him
with respect to employment (as defined in section 3121(b))
during the calendar year, over
``(2) so much of such wages as does not exceed the
contribution and benefit base, as determined under section 230
of the Social Security Act for such calendar year.''.
(c) Railroad Retirement.--
(1) Tax on employees.--Section 3201 of such Code (relating
to rate of tax) is amended by redesignating subsection (c) as
subsection (d) and by inserting after subsection (b) the
following new subsection:
``(c) Wages Received in Excess of Contribution and Benefit Base.--
In addition to other taxes, there is hereby imposed on the income of
each employee a tax equal to 3 percent of the excess (if any) of--
``(1) the compensation (determined without regard to
section 3231(e)(2)) received during any calendar year by such
employee for services rendered by such employee, over
``(2) so much of such compensation as does not exceed the
contribution and benefit base, as determined under section 230
of the Social Security Act for such calendar year.''.
(2) Tax on employee representatives.--Section 3211 of such
Code (relating to rate of tax) is amended by redesignating
subsection (c) as subsection (d) and by inserting after
subsection (b) the following new subsection:
``(c) Wages Received in Excess of Contribution and Benefit Base.--
In addition to other taxes, there is hereby imposed on the income of
each employee representative a tax equal to 3 percent of the excess (if
any) of--
``(1) the compensation (determined without regard to
section 3231(e)(2)) received during any calendar year by such
employee representative for services rendered by such employee
representative, over
``(2) so much of such compensation as does not exceed the
contribution and benefit base, as determined under section 230
of the Social Security Act for such calendar year.''.
(3) Tax on employers.--Section 3221 of such Code (relating
to rate of tax) is amended by redesignating subsection (c) as
subsection (d) and by inserting after subsection (b) the
following new subsection:
``(c) Wages Paid in Excess of Contribution and Benefit Base.--In
addition to other taxes, there is hereby imposed on every employer an
excise tax, with respect to having individuals in his employ, equal to
3 percent of the excess (if any) of--
``(1) the compensation (determined without regard to
section 3231(e)(2)) paid during any calendar year by such
employer for services rendered to such employer, over
``(2) so much of such compensation as does not exceed the
contribution and benefit base, as determined under section 230
of the Social Security Act for such calendar year.''.
(d) Tax on Self-Employment Income.--Section 1401 of such Code
(relating to rate of tax) is amended by adding at the end the following
new subsection:
``(d) Wages Received in Excess of Contribution and Benefit Base.--
In addition to the taxes imposed by subsections (a) and (b) and
notwithstanding subsection (c), there shall be imposed for each taxable
year, on the self-employment income of every individual, a tax equal to
6 percent of the excess (if any) of--
``(1) the self-employment income for such taxable year,
over
``(2) so much of such self-employment income as does not
exceed the contribution and benefit base, as determined under
section 230 of the Social Security Act, which is effective for
the calendar year in which such taxable year begins.''.
(e) Conforming Amendments.--
(1) Section 24(d)(2)(A) of such Code is amended--
(A) in clause (i) by inserting ``(other than
subsection (d) thereof)'' after ``3101'', and
(B) in clause (ii) by inserting ``(other than
subsection (d) thereof)'' after ``1401''.
(2) Section 45B(b)(1) of such Code is amended by inserting
``(other than subsection (d) thereof)'' after ``section 3111''.
(3) Section 406(b)(2)(B) of such Code is amended by
inserting ``(other than subsection (d) thereof)'' after
``3101''.
(4) Section 3121(l)(1)(A) of such Code is amended by
striking ``sections 3101 and 3111'' and inserting ``sections
3101 (other than subsection (d) thereof) and 3111 (other than
subsection (d) thereof)''.
(5) Section 6051(a)(6) of such Code is amended by inserting
``(stated separately with respect to the taxes imposed by
subsections (a), (b), and (d) thereof)'' after ``section
3101''.
(6) Section 6053(b) of such Code is amended--
(A) by striking ``section 3101 or section 3201''
and inserting ``section 3101 (without regard to
subsection (d) thereof) or section 3201 (without regard
to subsection (d) thereof)'', and
(B) by inserting ``with respect to sections 3101(a)
and (b) and 3201(a) and (b)'' after ``as the case may
be'' the second place it appears.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
remuneration paid after December 31, 2008.
(2) Self-employment income.--The amendment made by
subsection (d) shall apply to taxable years beginning after
December 31, 2008.
SEC. 3. SIGNATURES ON TREASURY SECURITIES.
(a) In General.--Subchapter II of chapter 31 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 3131. Signatures on obligations issued or guaranteed under this
chapter
``Every obligation issued or guaranteed under the authority of this
chapter shall bear a facsimile of the signatures of the President of
the United States and the Secretary of the Treasury.''.
(b) Clerical Amendment.--The table of sections for chapter 31,
United States Code, is amended by adding after the item relating to
section 3130 the following new item:
``3131. Signatures on obligations issued or guaranteed under this
chapter.''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after 3 months after the date of the
enactment of this Act.
|
Social Security Forever Act of 2008 - Amends the Internal Revenue Code to impose on employers, employees, and self-employed individuals an additional employment tax for wages in excess of the social security contribution and benefit base.
Requires all Treasury securities to bear a facsimile of the signatures of the President and the Secretary of the Treasury.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a tax on the amount of wages in excess of the contribution and benefit base, and for other purposes."}
| 1,897 | 76 | 0.446572 | 1.05257 | 0.510513 | 3.793651 | 27.285714 | 0.873016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transforming Student Debt to Home
Equity Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the fourth quarter of 2016, over 17,200,000 homes
remain vacant in the United States.
(2) These extended vacancies depress neighborhood property
values and create a downward spiral in neighborhood stability
in already troubled communities.
(3) Meanwhile, due to climbing expenses of higher
education, the total Federal student debt owed equals
$1,300,000,000.
(4) More than 40,000,000 Americans have at least one
outstanding student loan, up dramatically from 29,000,000
Americans just 10 years ago.
(5) Student loan repayments are forcing millions of young
families out of purchasing their first home, as they cannot
afford to save for a down payment or qualify for a mortgage.
(6) It is imperative to find a way to systematically
convert debt streams into equity streams, otherwise housing
purchases will continue to be sluggish and thousands more
Americans will retire saddled with student loan debt never
having had the opportunity to accumulate equity.
(7) It is in the interest of the Federal Government to use
the resources at its disposal, including both housing
properties held in trust and student debt obligations, to put
reverse pressure on these downward trends.
(8) By arranging financing that recalculates terms, debt-
to-income ratios, mortgage interest rates, and other factors,
short-term student debt could transition into longer term home
ownership.
(9) The goal is to connect creditworthy Federal student
debt holders with housing properties for sale but held by the
Federal Government.
(10) Eventually, participants can help restore
neighborhoods, transform their debt to equity, and buy property
values locally and on the Federal ledger simply by maintaining
and investing in a home mortgage.
SEC. 3. PROGRAM TO EXPAND ACCESS TO MORTGAGES TO ELIGIBLE CREDITWORTHY
HOMEBUYERS WITH FEDERAL STUDENT LOAN DEBT.
(a) Establishment.--From amounts appropriated pursuant to
subsection (g), the Secretary of the Department of Housing and Urban
Development and the Director of the Federal Housing Finance Agency
shall jointly establish and carry out a pilot demonstration program to
provide assistance to eligible applicants in purchasing eligible
properties.
(b) Eligible Applicants.--To be eligible for the program
established in this Act, an applicant--
(1) shall have an outstanding balance of principal or
interest owing on a loan made, insured, or guaranteed under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.);
(2) may not be subject to a judgment secured through
litigation with respect to such a loan under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), may not
be subject to an order for wage garnishment under section 488A
of such Act (20 U.S.C. 1095a), and at the time of application
for participation in the program under this section--
(A) such a loan shall be in repayment status as
determined under section 428(b)(7)(A) of such Act (20
U.S.C. 1078(b)(7)(A)); or
(B) such a loan shall be in a grace period
preceding repayment;
(3) may not have owned a home during the 3-year period
immediately before the applicant purchases an eligible property
with assistance provided under this Act;
(4) shall complete a program of counseling with respect to
the responsibilities and financial management involved in
homeownership that is approved by the Secretary;
(5) shall be creditworthy, as determined by the Secretary
and the Director;
(6) shall agree to use an eligible property purchased with
assistance provided under this Act as the applicant's primary
residence for not less than the 3-year period beginning on the
date of such purchase; and
(7) shall be employed and earning sufficient income to
repay a mortgage loan, as determined by the Secretary and the
Director for the purposes of this program.
(c) Types of Assistance.--
(1) In general.--A program established under this Act may
provide for any one or more of the following options:
(A) A discount on the appraised value of an
eligible property.
(B) Flexibility in underwriting standards related
to the purchase of eligible properties for mortgages
insured under title II of the National Housing Act (12
U.S.C. 1707 et seq.) or owned or guaranteed by the
Federal National Mortgage Association or the Federal
Home Loan Mortgage Corporation.
(C) The development of new mortgage products
specifically targeted to eligible applicants.
(D) In coordination with the Department of the
Treasury and the Department of Education, the
development of a program that will use actuarial
information to determine how the repayment of loans
described in subsection (b)(1) may be integrated into a
mortgage repayment schedule to allow an eligible
applicant to accumulate equity in the eligible
property, including by reason of meeting the eligible
applicant's obligations under such student loan.
(E) Any other assistance that the Secretary and
Director jointly deem appropriate.
(2) Collaboration.--In providing assistance described under
paragraph (1), the Secretary and the Director may collaborate
with community banks having less than $10,000,000,000 in total
assets, credit unions (as defined in section 101 of the Federal
Credit Union Act), and local fair housing organizations.
(d) Geographical Diversity.--In selecting eligible applicants to
receive assistance under this Act, the Secretary and the Director
shall, to the extent practicable, consider the location of the eligible
property to be purchased by the eligible applicant, including whether
the eligible property is located in a rural or urban area, to ensure
geographic diversity of such eligible properties.
(e) Reports.--
(1) Interim report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary and the Director
shall submit to Congress an interim report describing the type
of assistance the Secretary and the Director shall provide
under the program established under this Act.
(2) Final report.--Not later than 3 years after the date of
the enactment of this Act, the Secretary and the Director shall
submit to Congress a final report evaluating the impact of the
program carried out under this Act and describing other types
of assistance the Secretary and the Director may offer.
(f) Definitions.--In this Act:
(1) Director.--The term ``Director'' means the Director of
the Federal Housing Finance Agency.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Housing and Urban Development.
(3) Eligible property.--The term ``eligible property''
means a property that is designed as a dwelling for occupancy
by 1 to 4 families--
(A) that is safe and habitable, as defined by the
Secretary and the Director;
(B) for which, as determined by the Secretary and
the Director, the occupancy of which will promote
community revitalization; and
(C) that--
(i) was previously subject to a mortgage
loan insured by the Federal Housing
Administration under title II of the National
Housing Act (12 U.S.C. 1707 et seq.) and is
owned by the Secretary pursuant to the payment
of insurance benefits under such Act; or
(ii) is a real estate owned property of the
Federal National Mortgage Association or the
Federal Home Loan Mortgage Corporation.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this Act for fiscal
years 2018 to 2020.
|
Transforming Student Debt to Home Equity Act of 2017 This bill requires the Department of Housing and Urban Development (HUD) and the Federal Housing Finance Agency to jointly establish and implement a pilot demonstration program to provide, to eligible applicants with federal student loan debt, assistance in purchasing eligible properties. Specifically, the program may provide for: (1) discounts on the appraised value of eligible properties, (2) flexibility in certain underwriting standards, (3) the development of new mortgage products specifically targeted to eligible applicants, (4) the development of a program that uses actuarial information to determine how the repayment of federal student loans may be integrated into a mortgage repayment schedule to allow eligible applicants to accumulate home equity, and (5) other appropriate assistance. An "eligible property" is a property: (1) that is designed as a dwelling for occupancy by one to four families; (2) that is safe and habitable; (3) the occupancy of which will promote community revitalization; and (4) that is owned by HUD, the Federal National Mortgage Association (Fannie Mae), or the Federal Home Loan Mortgage Corporation (Freddie Mac).
|
{"src": "billsum_train", "title": "Transforming Student Debt to Home Equity Act of 2017"}
| 1,618 | 242 | 0.527893 | 1.730091 | 0.799328 | 3.22973 | 6.95045 | 0.923423 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Permanent Electronic Duck Stamp Act
of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Actual stamp.--The term ``actual stamp'' means a
Federal migratory-bird hunting and conservation stamp required
under the Act of March 16, 1934 (16 U.S.C. 718a et seq.)
(popularly known as the ``Duck Stamp Act''), that is printed on
paper and sold through the means established by the authority
of the Secretary immediately before the date of enactment of
this Act.
(2) Automated licensing system.--
(A) In general.--The term ``automated licensing
system'' means an electronic, computerized licensing
system used by a State fish and wildlife agency to
issue hunting, fishing, and other associated licenses
and products.
(B) Inclusion.--The term ``automated licensing
system'' includes a point-of-sale, Internet, telephonic
system, or other electronic applications used for a
purpose described in subparagraph (A).
(3) Electronic stamp.--The term ``electronic stamp'' means
an electronic version of an actual stamp that--
(A) is a unique identifier for the individual to
whom it is issued;
(B) can be printed on paper or produced through an
electronic application with the same indicators as the
State endorsement provides;
(C) is issued through a State automated licensing
system that is authorized, under State law and by the
Secretary under this Act, to issue electronic stamps;
(D) is compatible with the hunting licensing system
of the State that issues the electronic stamp; and
(E) is described in the State application approved
by the Secretary under section 4(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. AUTHORITY TO ISSUE ELECTRONIC DUCK STAMPS.
(a) In General.--The Secretary may authorize any State to issue
electronic stamps in accordance with this Act.
(b) Consultation.--The Secretary shall implement this section in
consultation with State management agencies.
SEC. 4. STATE APPLICATION.
(a) Approval of Application Required.--The Secretary may not
authorize a State to issue electronic stamps under this Act unless the
Secretary has received and approved an application submitted by the
State in accordance with this section. The Secretary may determine the
number of new States per year to participate in the electronic stamp
program.
(b) Contents of Application.--The Secretary may not approve a State
application unless the application contains--
(1) a description of the format of the electronic stamp
that the State will issue under this Act, including identifying
features of the licensee that will be specified on the stamp;
(2) a description of any fee the State will charge for
issuance of an electronic stamp;
(3) a description of the process the State will use to
account for and transfer to the Secretary the amounts collected
by the State that are required to be transferred to the
Secretary under the program;
(4) the manner by which the State will transmit electronic
stamp customer data to the Secretary;
(5) the manner by which actual stamps will be delivered;
(6) the policies and procedures under which the State will
issue duplicate electronic stamps; and
(7) such other policies, procedures, and information as may
be reasonably required by the Secretary.
(c) Publication of Deadlines, Eligibility Requirements, and
Selection Criteria.--Not later than 30 days before the date on which
the Secretary begins accepting applications under this section, the
Secretary shall publish--
(1) deadlines for submission of applications;
(2) eligibility requirements for submitting applications;
and
(3) criteria for approving applications.
SEC. 5. STATE OBLIGATIONS AND AUTHORITIES.
(a) Delivery of Actual Stamp.--The Secretary shall require that
each individual to whom a State sells an electronic stamp under this
Act shall receive an actual stamp--
(1) by not later than the date on which the electronic
stamp expires under section 6(c); and
(2) in a manner agreed upon by the State and Secretary.
(b) Collection and Transfer of Electronic Stamp Revenue and
Customer Information.--
(1) Requirement to transmit.--The Secretary shall require
each State authorized to issue electronic stamps to collect and
submit to the Secretary in accordance with this section--
(A) the first name, last name, and complete mailing
address of each individual that purchases an electronic
stamp from the State;
(B) the face value amount of each electronic stamp
sold by the State; and
(C) the amount of the Federal portion of any fee
required by the agreement for each stamp sold.
(2) Time of transmittal.--The Secretary shall require the
submission under paragraph (1) to be made with respect to sales
of electronic stamps by a State according to the written
agreement between the Secretary and the State agency.
(3) Additional fees not affected.--This section shall not
apply to the State portion of any fee collected by a State
under subsection (c).
(c) Electronic Stamp Issuance Fee.--A State authorized to issue
electronic stamps may charge a reasonable fee to cover costs incurred
by the State and the Department of the Interior in issuing electronic
stamps under this Act, including costs of delivery of actual stamps.
(d) Duplicate Electronic Stamps.--A State authorized to issue
electronic stamps may issue a duplicate electronic stamp to replace an
electronic stamp issued by the State that is lost or damaged.
(e) Limitation on Authority To Require Purchase of State License.--
A State may not require that an individual purchase a State hunting
license as a condition of issuing an electronic stamp under this Act.
SEC. 6. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP.
(a) Stamp Requirements.--The Secretary shall require an electronic
stamp issued by a State under this Act--
(1) to have the same format as any other license,
validation, or privilege the State issues under the automated
licensing system of the State; and
(2) to specify identifying features of the licensee that
are adequate to enable Federal, State, and other law
enforcement officers to identify the holder.
(b) Recognition of Electronic Stamp.--Any electronic stamp issued
by a State under this Act shall, during the effective period of the
electronic stamp--
(1) bestow upon the licensee the same privileges as are
bestowed by an actual stamp;
(2) be recognized nationally as a valid Federal migratory
bird hunting and conservation stamp; and
(3) authorize the licensee to hunt migratory waterfowl in
any other State, in accordance with the laws of the other State
governing that hunting.
(c) Duration.--An electronic stamp issued by a State shall be valid
for a period agreed to by the State and the Secretary, which shall not
exceed 45 days.
SEC. 7. TERMINATION OF STATE PARTICIPATION.
The authority of a State to issue electronic stamps under this Act
may be terminated--
(1) by the Secretary, if the Secretary--
(A) finds that the State has violated any of the
terms of the application of the State approved by the
Secretary under section 4; and
(B) provides to the State written notice of the
termination by not later than the date that is 30 days
before the date of termination; or
(2) by the State, by providing written notice to the
Secretary by not later than the date that is 30 days before the
termination date.
|
Permanent Electronic Duck Stamp Act of 2013 - Grants the Secretary of the Interior permanent authority to authorize any state to issue electronic duck stamps. Sets forth state electronic duck stamp application requirements.
|
{"src": "billsum_train", "title": "Permanent Electronic Duck Stamp Act of 2013"}
| 1,665 | 40 | 0.623948 | 1.513435 | 1.109937 | 2.756757 | 41.594595 | 0.864865 |
SECTION 1. CONSENT OF CONGRESS.
(a) In General.--The consent and approval of Congress is given to
an interstate forest fire protection compact, as set out in subsection
(b).
(b) Compact.--The compact reads substantially as follows:
``THE GREAT PLAINS WILDLAND FIRE PROTECTION AGREEMENT
``THIS AGREEMENT is entered into by and between the State,
Provincial and Territorial wildland fire protection agencies signatory
hereto, hereinafter referred to as `Members'.
``FOR, AND IN CONSIDERATION OF the following terms and conditions,
the Members agree:
``ARTICLE I
``The purpose of this compact is to promote effective prevention
and control of forest fires in the Great Plains region of the United
States by the maintenance of adequate forest fire fighting services by
the member states, and by providing for reciprocal aid in fighting
forest fires among the compacting states of the region, including South
Dakota, North Dakota, Wyoming, Colorado, and any adjoining sate of a
current member state.
``ARTICLE II
``This compact is operative immediately as to those states
ratifying it if any two or more of the member states have ratified it.
``ARTICLE III
``In each state, the state forester or officer holding the
equivalent position who is responsible for forest fire control may act
as compact administrator for that state and may consult with like
officials of the other member states and may implement cooperation
between the states in forest fire prevention and control. The compact
administrators of the member states may organize to coordinate the
services of the member states and provide administrative integration in
carrying out the purposes of this compact. Each member state may
formulate and put in effect a forest fire plan for that state.
``ARTICLE IV
``If the state forest fire control agency of a member state
requests aid from the state forest fire control agency of any other
member state in combating, controlling, or preventing forest fires, the
state forest fire control agency of that state may render all possible
aid to the requesting agency, consonant with the maintenance of
protection at home.
``ARTICLE V
``If the forces of any member state are rendering outside aid
pursuant to the request of another member state under this compact, the
employees of the state shall, under the direction of the officers of
the state to which they are rendering aid, have the same powers (except
the power of arrest), duties, rights, privileges, and immunities as
comparable employees of the state to which they are rendering aid.
``No member state or its officers or employees rendering outside
aid pursuant to this compact is liable on account of any act or
omission on the part of such forces while so engaged, or on account of
the maintenance or use of any equipment or supplies in connection with
rendering the outside aid.
``All liability, except as otherwise provided in this compact, that
may arise either under the laws of the requesting state or under the
laws of the aiding state or under the laws of a third state on account
of or in connection with a request for aid, shall be assumed and borne
by the requesting state.
``Any member state rendering outside and pursuant to this compact
shall be reimbursed by the member state receiving the aid for any loss
or damage to, or expense incurred in the operation of any equipment
answering a request for aid, and for the cost of all materials,
transportation, wages, salaries, and maintenance of employees and
equipment incurred in connection with such request. However, nothing in
this compact prevents any assisting member state from assuming such
loss, damage, expense, or other cost or from loaning such equipment or
from donating such services to the receiving member state without
charge or cost.
``Each member state shall assure that workers compensation benefits
in conformity with the minimum legal requirements of the state are
available to all employees and contract firefighters sent to a
requesting state pursuant to this compact.
``For the purposes of this compact the term, employee, includes any
volunteer or auxiliary legally included within the forest fire fighting
forces of the aiding state under the laws of the aiding state.
``The compact administrators may formulate procedures for claims
and reimbursement under the provisions of this article, in accordance
with the laws of the member states.
``ARTICLE VI
``Ratification of this compact does not affect any existing statute
so as to authorize or permit curtailment or diminution of the forest
fighting forces, equipment, services, or facilities of any member
state.
``Nothing in this compact authorizes or permits any member state to
curtail or diminish its forest fire fighting forces, equipment,
services, or facilities. Each member state shall maintain adequate
forest fighting forces and equipment to meet demands for forest fire
protection within its borders in the same manner and to the same extent
as if this compact were not operative.
``Nothing in this compact limits or restricts the powers of any
state ratifying the compact to provide for the prevention, control, and
extinguishment of forest fires, or to prohibit the enactment or
enforcement of state laws, rules, or regulations intended to aid in the
prevention, control, and extinguishment in the state.
``Nothing in this compact affects any existing or future
cooperative relationship or arrangement between the United States
Forest Service and a member state or states.
``ARTICLE VII
``Representatives of the United States Forest Service may attend
meetings of the compact administrators.
``ARTICLE VIII
``The provisions of Articles IV and V of this compact that relate
to reciprocal aid in combating, controlling, or preventing forest fires
are operative as between any state party to this compact and any other
state which is party to this compact and any other state that is party
to a regional forest fire protection compact in another region if the
Legislature of the other state has given its assent to the mutual aid
provisions of this compact.
``ARTICLE IX
``This compact shall continue in force and remain binding on each
state ratifying it until the Legislature or the Governor of the state
takes action to withdraw from the compact. Such action in not effective
until six months after notice of the withdrawal has been sent by the
chief executive of the state desiring to withdraw to the chief
executives of all states then parties to the compact.''.
|
Grants the consent and approval of Congress to the interstate forest fire protection compact for the Great Plains region of the United States set forth in this Act.
|
{"src": "billsum_train", "title": "To grant the consent and approval of Congress to an interstate forest fire protection compact."}
| 1,365 | 33 | 0.577554 | 1.392692 | 0.263663 | 3.551724 | 45.241379 | 0.931034 |
SECTION 1. SILVER SCHOLARSHIP PROGRAMS.
(a) In General.--Subtitle H of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12653 et seq.), is amended by
adding at the end the following:
``SEC. 198F. SILVER SCHOLARSHIP PROGRAMS.
``(a) Establishment.--The Corporation is authorized to award grants
to eligible entities, to enable the entities to provide volunteers
participating in service projects in accordance with this section with
scholarships that may be used by the volunteers or by individuals
designated by the volunteers.
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a public agency or private nonprofit
organization with experience in administering service programs
(including the programs described in or administered under title II of
the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5000 et seq.)).
``(c) Applications.--To be eligible to receive a grant under this
section, an entity shall submit to the Corporation an application at
such time, in such manner, and containing such information as the
Corporation may reasonably require.
``(d) Criteria and Priorities for Grants.--The Corporation shall
establish criteria and priorities for awarding grants under this
section.
``(e) Requirements for Scholarship.--An entity that receives a
grant under subsection (a) shall use the funds made available through
the grant to award a scholarship described in subsection (a) to
recipients, each of whom--
``(1) is, or has been designated for the scholarship by, a
volunteer who--
``(A) has performed not less than 500 hours of
volunteer service, of a type specified by the
Corporation under subsection (f)(1), during a 12-month
period that is--
``(i) after the volunteer at issue has
attained age 55; and
``(ii) after the date of the enactment of
this section; or
``(B) has performed not less than 250 hours but
less than 500 hours of volunteer service of that type
during such a 12-month period, based on compelling
personal circumstances; and
``(2) has received, during the 5-year period preceding the
date that the scholarship is awarded, fewer than 2 scholarships
under this section.
``(f) Services, Criteria, and Priorities for Scholarships.--The
Corporation shall--
``(1) specify the types of volunteer service a volunteer
may engage in to meet term of service requirements for a
scholarship under this section, which shall include--
``(A) tutoring or mentoring in a school, after-
school program, or other community-based educational
setting; and
``(B) assisting persons with special needs,
including persons who are homebound, to continue living
independently; and
``(2) establish criteria and priorities for eligible
entities to use in awarding scholarships under this section.
``(g) Amount of Scholarship.--The entities shall award the
scholarships--
``(1) in an amount of not more than $1,000; or
``(2) in a amount that is prorated based on the
individual's hours of service, for an individual who meets the
requirements of subsection (e) with a term of service described
in subsection (e)(2)(B).
``(h) Use of Scholarships.--A scholarship awarded under this
section may be used--
``(1) by the volunteer or the person designated by the
volunteer, in accordance with subsection (e);
``(2) only for qualified tuition and related expenses, as
defined in section 117 of the Internal Revenue Code of 1986,
and only under such conditions as are set forth by the
Corporation through regulation; and
``(3) not later than 20 years after the date of the award
of the scholarship, to allow time for `an individual'
designated under subsection (e)(1) to use the scholarship.
``(i) Authorization of Appropriations.--Of the funds appropriated
to carry out this section--
``(1) not more than 15 percent shall be used for
administrative purposes by the Corporation;
``(2) not less than 50 percent shall be made available for
grants under subsection (a) and used to award scholarships to
volunteers who have met the term of service requirements for
the scholarships by providing tutoring or mentoring described
in subsection (f)(1)(A);
``(3) not less than 10 percent shall be made available for
such grants and used to award scholarships to volunteers who
have met the requirements by providing assistance described in
subsection (f)(1)(B); and
``(4) not more than 10 percent shall be made available for
such grants and used for administrative purposes by the
eligible entities receiving the grants.''.
(b) Authorization of Appropriations.--Section 501(a)(2), as amended
by section 202(b) of this Act, is further amended--
(1) by striking ``section 198E'' each place it appears and
inserting ``sections 198E and 198F''; and
(2) by adding at the end the following:
``(D) Silver scholarship program.--There are
authorized to be appropriated to carry out section
198F, $20,000,000 for the first fiscal year beginning
after the date of the enactment of section 198F and
such sums as are necessary for each fiscal year
thereafter.''.
(c) Table of Contents.--The table of contents of the Act is further
amended in the items relating to subtitle H of title I, by adding at
the end the following:
``Sec. 198F. Silver scholarship programs.''.
|
Amends the National and Community Service Act of 1990 to authorize the Corporation for National and Community Service to award grants to public agencies or private nonprofit organizations experienced in administering service programs to provide Silver Scholarships to individuals who: (1) perform, over a 12-month period, at least 500 hours of volunteer service after attaining age 55; and (2) have received, during the five-year period preceding the award, fewer than two such scholarships.
Allows the proration of such scholarships when an individual, due to compelling personal circumstances, cannot perform 500, but performs at least 250, hours of service within the 12-month period.
Allows a scholarship recipient to designate another individual to use such scholarship.
|
{"src": "billsum_train", "title": "To amend the National and Community Service Act of 1990 to establish the Silver Scholarship program to encourage increased volunteer work by seniors."}
| 1,243 | 146 | 0.649418 | 1.72606 | 0.768977 | 2.257143 | 8.271429 | 0.828571 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Individual
Retirement Account Equity and Enhancement Act of 1994''.
(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. HOMEMAKERS ELIGIBLE FOR FULL IRA DEDUCTION.
(a) Spousal IRA Computed on Basis of Compensation of Both
Spouses.--Subsection (c) of section 219 (relating to special rules for
certain married individuals) is amended to read as follows:
``(c) Special Rules for Certain Married Individuals.--
``(1) In general.--In the case of an individual to whom
this paragraph applies for the taxable year, the limitation of
paragraph (1) of subsection (b) shall be equal to the lesser
of--
``(A) $2,000, or
``(B) the sum of--
``(i) the compensation includible in such
individual's gross income for the taxable year,
plus
``(ii) the compensation includible in the
gross income of such individual's spouse for
the taxable year reduced by the amount
allowable as a deduction under subsection (a)
to such spouse for such taxable year.
``(2) Individuals to whom paragraph (1) applies.--Paragraph
(1) shall apply to any individual if--
``(A) such individual files a joint return for the
taxable year, and
``(B) the amount of compensation (if any)
includible in such individual's gross income for the
taxable year is less than the compensation includible
in the gross income of such individual's spouse for the
taxable year.''
(b) Conforming Amendments.--
(1) Paragraph (2) of section 219(f) (relating to other
definitions and special rules) is amended by striking
``subsections (b) and (c)'' and inserting ``subsection (b)''.
(2) Section 408(d)(5) is amended by striking ``$2,250'' and
inserting ``$2,000''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994.
SEC. 3. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED WITHOUT PENALTY TO
PURCHASE FIRST HOMES, TO PAY HIGHER EDUCATION OR
QUALIFIED LONG-TERM CARE EXPENSES, OR BY THE LONG-TERM
UNEMPLOYED.
(a) In General.--Paragraph (2) of section 72(t) (relating to
exceptions to 10-percent additional tax on early distributions from
qualified retirement plans) is amended by adding at the end the
following new subparagraph:
``(D) Distributions from certain plans for first home
purchases or educational or long-term care expenses.--
Distributions to an individual from an individual retirement
plan, or from amounts attributable to employer contributions
made pursuant to elective deferrals described in subparagraph
(A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii)--
``(i) which are qualified first-time homebuyer
distributions (as defined in paragraph (6)), or
``(ii) to the extent such distributions do not
exceed the sum of the qualified higher education
expenses (as defined in paragraph (7)) and the
qualified long-term care expenses (as defined in
paragraph (8)) of the taxpayer for the taxable year.''
(b) Definitions.--Section 72(t) is amended by adding at the end the
following new paragraphs:
``(6) Qualified first-time homebuyer distributions.--For
purposes of paragraph (2)(D)(i)--
``(A) In general.--The term `qualified first-time
homebuyer distribution' means any payment or
distribution received by an individual to the extent
such payment or distribution is used by the individual
before the close of the 60th day after the day on which
such payment or distribution is received to pay
qualified acquisition costs with respect to a principal
residence of a first-time homebuyer who is such
individual, the spouse of such individual, or the child
or grandchild of such individual or the individual's
spouse.
``(B) Qualified acquisition costs.--For purposes of
this paragraph, the term `qualified acquisition costs'
means the costs of acquiring, constructing, or
reconstructing a residence. Such term includes any
usual or reasonable settlement, financing, or other
closing costs.
``(C) First-time homebuyer; other definitions.--For
purposes of this paragraph--
``(i) First-time homebuyer.--The term
`first-time homebuyer' means any individual
if--
``(I) such individual (and if
married, such individual's spouse) had
no present ownership interest in a
principal residence during the 3-year
period ending on the date of
acquisition of the principal residence
to which this paragraph applies, and
``(II) subsection (a)(6), (h), or
(k) of section 1034 did not suspend the
running of any period of time specified
in section 1034 with respect to such
individual on the day before the date
the distribution is applied pursuant to
subparagraph (A)(ii).
``(ii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(iii) Date of acquisition.--The term
`date of acquisition' means the date--
``(I) on which a binding contract
to acquire the principal residence to
which subparagraph (A) applies is
entered into, or
``(II) on which construction or
reconstruction of such a principal
residence is commenced.
``(D) Special rule where delay in acquisition.--If
any distribution from any individual retirement plan
fails to meet the requirements of subparagraph (A)
solely by reason of a delay or cancellation of the
purchase or construction of the residence, the amount
of the distribution may be contributed to an individual
retirement plan as provided in section 408(d)(3)(A)(i)
(determined by substituting `120 days' for `60 days' in
such section), except that--
``(i) section 408(d)(3)(B) shall not be
applied to such contribution, and
``(ii) such amount shall not be taken into
account in determining whether section
408(d)(3)(A)(i) applies to any other amount.
``(7) Qualified higher education expenses.--For purposes of
paragraph (2)(D)(ii)--
``(A) In general.--The term `qualified higher
education expenses' means tuition, fees, books,
supplies, and equipment required for the enrollment or
attendance of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) the child (as defined in section
151(c)(3)) or grandchild of the taxpayer or the
taxpayer's spouse,
at an eligible educational institution (as defined in
section 135(c)(3)).
``(B) Coordination with savings bond provisions.--
The amount of qualified higher education expenses for
any taxable year shall be reduced by any amount
excludable from gross income under section 135.
``(8) Qualified long-term care expenses.--For purposes of
paragraph (2)(D)(ii)--
``(A) In general.--The term `qualified long-term
care expenses' means amounts paid or incurred for
qualified long-term care services, including amounts
for insurance covering such services.
``(B) Qualified long-term care services.--For
purposes of subparagraph (A)--
``(i) In general.--The term `qualified
long-term care services' means necessary
diagnostic, preventive, therapeutic,
rehabilitative, and maintenance (including
personal care) services--
``(I) which are required by an
individual during any period during
which such individual is a functionally
impaired individual,
``(II) which have as their primary
purpose the provision of needed
assistance with 1 or more activities of
daily living which a functionally
impaired individual is certified as
being unable to perform under clause
(ii)(I), and
``(III) which are provided pursuant
to a continuing plan of care prescribed
by a licensed health care practitioner
(other than a relative of such
individual).
``(ii) Functionally impaired individual.--
``(I) In general.--The term
`functionally impaired individual'
means any individual who is certified
by a licensed health care practitioner
(other than a relative of such
individual) as being unable to perform,
without substantial assistance from
another individual (including
assistance involving verbal reminding,
physical cueing, or substantial
supervision), at least 3 activities of
daily living described in clause (iii).
``(II) Special rule for home health
care services.--In the case of services
which are provided during any period
during which an individual is residing
within the individual's home (whether
or not the services are provided within
the home), subclause (I) shall be
applied by substituting `2' for `3'.
For purposes of this subclause, a
nursing home or similar facility shall
not be treated as a home.
``(iii) Activities of daily living.--Each
of the following is an activity of daily
living:
``(I) Eating.
``(II) Transferring.
``(III) Toileting.
``(IV) Dressing.
``(V) Bathing.
``(C) Licensed health care practitioner.--For
purposes of subparagraph (B)--
``(i) In general.--The term `licensed
health care practitioner' means--
``(I) a physician or registered
professional nurse,
``(II) a qualified community care
case manager (as defined in clause
(ii)), or
``(III) any other individual who
meets such requirements as may be
prescribed by the Secretary after
consultation with the Secretary of
Health and Human Services.
``(ii) Qualified community care case
manager.--The term `qualified community care
case manager' means an individual or entity
which--
``(I) has experience or has been
trained in providing case management
services and in preparing individual
care plans;
``(II) has experience in assessing
individuals to determine their
functional and cognitive impairment;
``(III) is not a relative of the
individual receiving case management
services; and
``(IV) meets such requirements as
may be prescribed by the Secretary
after consultation with the Secretary
of Health and Human Services.
``(D) Relative.--For purposes of this paragraph,
the term `relative' means an individual bearing a
relationship to another individual which is described
in paragraphs (1) through (8) of section 152(a).''
(c) Penalty-Free Distributions for Certain Unemployed
Individuals.--Paragraph (2) of section 72(t) is amended by adding at
the end the following new subparagraph:
``(E) Distributions to unemployed individuals.--A
distribution from an individual retirement plan to an
individual after separation from employment, if--
``(i) such individual has received
unemployment compensation for 12 consecutive
weeks under any Federal or State unemployment
compensation law by reason of such separation,
and
``(ii) such distributions are made during
any taxable year during which such unemployment
compensation is paid or the succeeding taxable
year.''
(d) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) is amended by striking ``or''
at the end of subclause (III), by striking ``and'' at the end
of subclause (IV) and inserting ``or'', and by inserting after
subclause (IV) the following new subclause:
``(V) the date on which qualified
first-time homebuyer distributions (as
defined in section 72(t)(6)), or
distributions for qualified higher
education expenses (as defined in
section 72(t)(7)), or for qualified
long-term care expenses (as defined in
section 72(t)(18)), are made, and''.
(2) Section 403(b)(11) is amended by striking ``or'' at the
end of subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, or'', and by inserting after
subparagraph (B) the following new subparagraph:
``(C) for qualified first-time homebuyer
distributions (as defined in section 72(t)(6)) or for
the payment of qualified higher education expenses (as
defined in section 72(t)(7)) or qualified long-term
care expenses (as defined in section 72(t)(8)).''
(e) Effective Date.--The amendments made by this section shall
apply to payments and distributions after the date of the enactment of
this Act.
|
Individual Retirement Account Equity and Enhancement Act of 1994 - Amends the Internal Revenue Code to allow certain spouses a deduction for contributions to an individual retirement account.
Allows distribution from certain retirement plans without penalty to purchase first homes, pay higher education expenses and qualified long-term care expenses, and assist certain unemployed individuals.
|
{"src": "billsum_train", "title": "Individual Retirement Account Equity and Enhancement Act of 1994"}
| 3,030 | 69 | 0.462821 | 1.107526 | -0.025507 | 3.180328 | 43.704918 | 0.918033 |
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) Revision of Covered Positions.--Effective October 1, 1999,
section 7451 of title 38, United States Code, is amended in subsection
(a)(2) by striking ``are the following:'' and all that follows and
inserting ``are registered nurses and each additional position referred
to in paragraphs (1), (2), and (3) of section 7401 of this title (other
than the positions of physician and dentist).''.
(b) Annual Adjustments Under Title 5.--Effective October 1, 1999,
such section is further amended by striking subsections (d), (e), (f),
and (g) and inserting the following:
``(d) The rates of basic pay for each grade in a covered position
shall (notwithstanding subsection (a)(3)(A)) be adjusted in accordance
with sections 5303 and 5304 of title 5.''.
(c) Revised Title 38 Locality Pay Authority.--Effective October 1,
2002, such section is further amended by inserting after subsection
(d), as added by subsection (b) of this section, the following new
subsection:
``(e)(1) Whenever the Secretary determines that the rates of basic
pay in effect for any grade of a covered position, as most recently
adjusted under subsection (d), are inadequate in any area to recruit or
retain high quality personnel at a Department health-care facility in
that area for service in that position, the Secretary shall in
accordance with this subsection adjust the rates of pay for employees
at that facility in that grade of that position.
``(2) An adjustment in rates of basic pay under this subsection for
a grade shall be carried out by adjusting the minimum rate of basic pay
for that grade in accordance with paragraph (3) and then adjusting the
other rates for that grade to conform to the requirements of subsection
(c). Such an adjustment in the minimum rate of basic pay for a grade
shall be made by the Secretary for employees of a Department health-
care facility so as to achieve consistency with the rate of
compensation for corresponding health-care professionals with respect
to that grade in the Bureau of Labor Statistics labor-market area of
that facility.
``(3)(A) In the case of a Department health-care facility located
in an area for which there is current information, based upon
appropriate Bureau of Labor Statistics data for that survey area, on
rates of compensation for corresponding health-care professionals for
the Bureau of Labor Statistics survey or data area of that facility,
the Secretary shall use that information as the basis for making
adjustments in rates of pay under this subsection for that facility.
Whenever the Bureau of Labor Statistics releases the results of a new
appropriate wage survey for that labor market that includes information
on rates of compensation for corresponding health-care professionals,
the Secretary shall determine, not later than 30 days after the results
of the survey are released, the amount of an adjustment in rates of pay
for employees at that facility for any covered position necessary in
order to meet the purposes of this section.
``(B) If the Secretary determines under subparagraph (A) that an
adjustment described in that subparagraph is necessary, such
adjustment, based upon the information determined in the survey under
that subparagraph, shall take effect on the first day of the first pay
period beginning after that determination.
``(4) An adjustment under this subsection may not reduce any rate
of pay.
``(5) The Secretary shall prescribe regulations providing for the
adjustment of the rates of basic pay for Regional and Central Office
employees in covered positions in order to assure that those rates are
sufficient and competitive.
``(6) In this subsection--
``(A) The term `rate of compensation', with respect to
health-care personnel positions in non-Department health-care
facilities corresponding to a grade of a covered position,
means the sum of--
``(i) the rate of pay established for personnel in
such positions who have education, training, and
experience equivalent or similar to the education,
training, and experience required for health-care
personnel employed in the same category of Department
covered positions; and
``(ii) other employees benefits for those positions
to the extent that those benefits are reasonably
quantifiable.
``(B) The term `corresponding', with respect to health care
personnel in a specified grade of a covered position in a
Department health-care facility, means health-care personnel
positions in non-Department health-care facilities for which
the education, training, and experience requirements are
equivalent or similar to the education, training, and
experience requirements for Department health care personnel in
that grade of that covered position.''.
SEC. 3. SAVINGS PROVISION.
In the case of an employee of the Veterans Health Administration
who on the day before the effective date for the amendment made by
section 2(b) 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(b).
|
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 provide that, effective October 1, 1999, pay adjustments for registered nurses and certain other positions within the VHA shall be made in the same manner as those generally applicable to Federal employees. Provides that, effective October 1, 2002, whenever the Secretary of Veterans Affairs determines that such rates of pay are inadequate to recruit or retain high-quality health care personnel at such a facility, the Secretary shall adjust such pay to achieve consistency with the rate of compensation for corresponding health-care professionals in the Bureau of Labor Statistics labor market area of that facility.
|
{"src": "billsum_train", "title": "Department of Veterans Affairs Nurses Appreciation Act of 1999"}
| 1,194 | 155 | 0.636547 | 1.712806 | 0.664812 | 2.930556 | 8.048611 | 0.902778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Skills and Training Promotion Act''.
SEC. 2. AGREEMENTS WITH STATES HAVING QUALIFIED WORKER TRAINING
PROGRAMS.
(a) In General.--Any State, the State unemployment compensation law
of which is approved by the Secretary of Labor (hereinafter in this Act
referred to as the ``Secretary'') under section 3304 of the Internal
Revenue Code of 1986, which desires to do so, may enter into and
participate in an agreement with the Secretary under this Act, if such
State law contains (as of the date such agreement is entered into) a
requirement that special unemployment assistance be payable to
individuals participating in a qualified worker training program, as
described in subsection (b). Any State which is a party to an agreement
under this Act may, upon providing 30 days' written notice to the
Secretary, terminate such agreement.
(b) Qualified Worker Training Program.--For purposes of this Act,
the term ``qualified worker training program'' means a program--
(1) under which individuals who meet the requirements
described in paragraph (3) are eligible to receive special
unemployment assistance while participating in the program;
(2) under which the assistance described in paragraph (1)
is payable in the same amount, at the same interval, on the
same terms, and subject to the same conditions, as regular
compensation under the State law, except that--
(A) State requirements relating to availability for
work, active search for work, and refusal to accept
work are not applicable to such individuals;
(B) assistance shall not be payable after the end
of the 12-month period following the last day of the
individual's benefit year; and
(C) such individuals are considered to be
unemployed for the purposes of Federal and State laws
applicable to unemployment compensation,
as long as such individuals meet the requirements applicable
under this subsection;
(3) under which individuals may receive the assistance
described in paragraph (1) if such individuals--
(A)(i)(I) have exhausted all rights to regular
compensation under the State law;
(II) have exhausted all rights to extended
compensation, or are not entitled thereto, because of
the ending of their eligibility for extended
compensation, in such State;
(ii) have no rights to compensation (including both
regular compensation and extended compensation) with
respect to a week under such law or any other State
unemployment compensation law or to compensation under
any other Federal law;
(iii) are not receiving compensation with respect
to such week under the unemployment compensation law of
Canada or any other foreign country;
(B)(i) were terminated as a result of any permanent
closure of a plant or facility; or
(ii) are identified pursuant to a State worker
profiling system as individuals who--
(I) are long-term unemployed and have
limited opportunities for employment or
reemployment in the same or a similar
occupation in the area in which they reside;
(II) are otherwise unlikely to return to
their previous industry or occupation; or
(III) satisfy such other criteria as may be
established in or under the agreement for
purposes of this subclause; and
(C) are actively participating in training
activities approved by the State agency preparing them
for suitable reemployment; and
(4) which meets such other requirements as the Secretary
determines to be appropriate.
SEC. 3. PAYMENTS TO STATES HAVING AGREEMENTS.
(a) In General.--There shall be paid to each State which has
entered into an agreement under this Act an amount equal to the
applicable percentage of the covered costs of the qualified worker
training program of such State.
(b) Definitions.--For purposes of this section--
(1) Applicable percentage.--The term ``applicable
percentage'', with respect to a State which has entered into an
agreement under this Act, means--
(A) during each of the first 3 calendar years
beginning on the date on which such agreement is
entered into, 100 percent; and
(B) during each calendar year thereafter, 50
percent.
(2) Covered costs.--The term ``covered costs'', with
respect to a qualified worker training program, means--
(A) the amount of special unemployment assistance
(as described in section 3(b)(1)) paid under such
program; and
(B) such amount as the Secretary determines to be
necessary for the proper and efficient administration
of such program.
(c) Method of Payment.--Sums payable to any State by reason of such
State's having an agreement under this Act shall be payable, either in
advance or by way of reimbursement (as determined by the Secretary), in
such amounts as the Secretary estimates the State will be entitled to
receive under this Act for each calendar month, reduced or increased,
as the case may be, by any amount by which the Secretary finds that the
Secretary's estimates for any prior calendar month were greater or less
than the amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical, sampling, or
other method as may be agreed upon by the Secretary and the State
agency of the State involved.
SEC. 4. FINANCING PROVISIONS.
(a) In General.--Payments to States under section 3 shall be made
in accordance with this section.
(b) Certifications.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
payable to such State under this Act. The Secretary of the Treasury,
prior to audit or settlement by the General Accounting Office, shall
make payments to the State in accordance with such certification, by
transfers from general funds in the Treasury to--
(1) the account of such State in the Unemployment Trust
Fund, to the extent that such payment is allocable to costs
described in section 3(b)(2)(A); and
(2) such fund or other repository as may be agreed upon by
the Secretary and the State agency of the State involved, to
the extent that such payment is allocable to costs described in
section 3(b)(2)(B).
SEC. 5. DEFINITIONS.
For purposes of this Act, the terms ``State'', ``State law'',
``State agency'', ``regular compensation'', ``extended compensation'',
``benefit year'', and ``week'' shall have the respective meanings
assigned to them under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970.
SEC. 6. REPORTS BY THE SECRETARY OF LABOR.
The Secretary shall prepare and transmit to the Congress on an
annual basis a written report on the operation of this Act, including--
(1) an assessment of this Act's effectiveness within those
States having an agreement in effect under this Act during the
period covered by the report;
(2) the name of any State whose request to enter into an
agreement under this Act was disapproved during the period
covered by the report, including the reasons for each such
decision; and
(3) such other information as the Secretary considers
appropriate.
|
Skills and Training Promotion Act - Authorizes Federal payments to States for certain portions of a State's special unemployment assistance for individuals participating in qualified worker training programs.Provides for payment agreements between the Secretary of Labor and States that: (1) have a State unemployment compensation law approved by the Secretary; and (2) are required by State law to pay such special assistance to such trainees.
|
{"src": "billsum_train", "title": "To provide for the payment or reimbursement by the Federal Government of special unemployment assistance paid by States to individuals participating in qualified worker training programs, and for other purposes."}
| 1,531 | 81 | 0.577752 | 1.461644 | 1.018122 | 2.24 | 19.56 | 0.88 |
SECTION 1. REFERENCE.
Whenever in this Act a section or other provision is amended, such
amendment shall be considered to be made to that section or other
provision of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.).
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Two-thirds of mothers with children under 6 years of
age are in the workforce.
(2) More than 10 percent of children under the age of 6
have a disability; children living in low-income communities
have a higher incidence of disability.
(3) The Individuals with Disabilities Education Act
requires early intervention services to be provided to infants
and toddlers with disabilities in a natural environment,
typically the child's home or a child care setting.
(4) The Individuals with Disabilities Education Act
requires special education preschool services to be delivered
in the least restrictive environment, with a preschooler's
nondisabled peers.
(5) The General Accounting Office reports that the ``supply
of infant care, care for special needs children, and care
during nonstandard hours has been more limited than the overall
supply''. There is even less care for those children who live
in low-income communities.
(6) Children with disabilities or special health care needs
are barred from many child care programs due to myth,
stereotype, and fear about disability and because staff lack
sufficient training to meet the needs of such children.
(b) Purpose.--The purpose of this Act is to increase the supply of
quality child care for children with disabilities.
SEC. 3. APPLICATION AND PLAN.
Section 658E(c) (42 U.S.C. 9858c(c)) is amended--
(1) in paragraph (2)(H)--
(A) by striking ``, and families'' and inserting
``, families''; and
(B) by inserting before the final period ``, and
families that have children with disabilities''; and
(2) in paragraph (3)(B)--
(A) by striking ``size) and to'' and inserting
``size), to''; and
(B) by inserting before the final period ``, and to
children with disabilities''.
SEC. 4. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
Section 658G (42 U.S.C. 9858e) is amended--
(1) by striking ``A State'' and inserting ``(a) In
General.--A State'';
(2) by amending subsection (a) (as so designated by
paragraph (1) of this section) by adding at the end the
following: ``Such activities may include activities listed in
subsection (b).''; and
(3) by adding at the end the following new subsections:
``(b) Activities for Children With Disabilities.--
``(1) Use of funds.--A State that receives funds to carry
out this subchapter for a fiscal year after fiscal year 2001,
shall use not less than 5 percent of the total amount of such
funds for one or more of the activities described in paragraph
(2) that are designed to increase the availability of quality
child care for children with disabilities.
``(2) Eligible activities.--Activities referred to in
paragraph (1) are the following:
``(A) Training and technical assistance.--Ongoing
comprehensive system of training and technical
assistance for the following:
``(i) Training for child care providers,
State licensing agencies responsible for
licensing child care providers, and parents on
how to collaborate with each other to help
ensure appropriate implementation of the
Americans with Disabilities Act of 1990 and the
Individuals with Disabilities Education Act.
``(ii) Technical assistance to assist
family home and center child care providers to
enable them to appropriately and better include
children with disabilities alongside children
without disabilities in child care settings.
``(iii) Training for child care directors
and staff on the use of assistive technology
for children with special needs and children
with disabilities.
``(iv) Training to develop leadership
skills for directors of child care facilities
to operate inclusive child care programs,
including leadership skills in financial
development, program development, parent
education, and community development.
``(v) Assistance to State and local child
care resource and referral agencies on
compliance with the Americans with Disabilities
Act of 1990 and the Individuals with
Disabilities Education Act.
``(B) Recruitment and retention of staff.--Grants
for recruitment and retention of qualified staff though
the following:
``(i) Grants for scholarships for child
care staff who work with children with and
without disabilities to obtain associate,
bachelor's, or master's degrees or other
training in child development.
``(ii) Grants to increase salaries of child
care staff who obtain associate, bachelors, or
masters degrees or other training in fields of
child development.
``(iii) Grants to retain qualified child
care providers in the child care field.
``(c) Grants and Loans for Certain Child Care Programs.--To the
extent provided for in advance by Acts of appropriation, the Secretary
shall make grants and low-interest loans to public agencies and
nonprofit organizations (including State and local governments and
community-based organizations) for projects that increase the
availability of 1 or more of the following:
``(1) Inclusive child care programs.
``(2) Child care for infants.
``(3) Child care during evenings and weekends.''.
SEC. 5. REPORTS.
Section 658K(a)(1)(B)(iii) (42 U.S.C. 9858i(a)(1)(B)(iii)) is
amended by striking ``and age'' and inserting ``age, and disability
status''.
SEC. 6. DEFINITIONS.
Section 658P (42 U.S.C. 9858n) is amended--
(1) by inserting after paragraph (2) the following new
paragraph:
``(3) Child with a disability.--The term `child with a
disability' has the meaning given that term and the meaning
given the term `infant or toddler with a disability' in section
602 and section 632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401).''; and
(2) by inserting after paragraph (9) the following new
paragraph:
``(10) Inclusive child care program.--The term `inclusive
child care program' means a child care program that serves
children with disabilities and children without disabilities
together in a setting where not more than 50 percent of the
children enrolled are children with disabilities.''.
|
Amends the Child Care and Development Block Grant Act of 1990 to require that each State plan (as part of application requirements for grants) demonstrate the manner in which the State will meet the specific child care needs of families that have children with disabilities. Includes services for children with disabilities among priority items for the State to provide.Directs States receiving grant funds for a fiscal year after FY 2001 to use not less than five percent of the total for activities designed to increase the availability of quality child care for children with disabilities, including for specified training and technical assistance, and for recruitment and retention of staff.Directs the Secretary of Health and Human Services to make grants and low-interest loans to public agencies and nonprofit organizations for projects that increase the availability of one or more of the following: (1) inclusive child care programs (i.e., programs that serve children with disabilities and children without disabilities together in a setting where not more than half of those enrolled are children with disabilities); (2) child care for infants; and (3) child care during evenings and weekends.Requires reports by States receiving grants to include information regarding the disability status of children receiving assistance.
|
{"src": "billsum_train", "title": "To amend the Child Care and Development Block Grant Act of 1990 to increase the availability of, and improve quality care for, children with disabilities, and for other purposes."}
| 1,474 | 238 | 0.53154 | 1.538111 | 0.721021 | 4.105263 | 5.982456 | 0.868421 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Orphan Works Act of 2006''.
SEC. 2. LIMITATION ON REMEDIES IN CASES INVOLVING ORPHAN WORKS.
(a) Limitation on Remedies.--Chapter 5 of title 17, United States
Code, is amended by adding at the end the following new section:
``Sec. 514. Limitation on remedies in cases involving orphan works
``(a) Limitation on Remedies.--
``(1) Conditions.--Notwithstanding sections 502 through
505, in an action brought under this title for infringement of
copyright in a work, the remedies for infringement shall be
limited under subsection (b) if the infringer sustains the
burden of proving, and the court finds, that--
``(A) before the infringing use of the work began,
the infringer, a person acting on behalf of the
infringer, or any person jointly and severally liable
with the infringer for the infringement of the work--
``(i) performed and documented a reasonably
diligent search in good faith to locate the
owner of the infringed copyright; but
``(ii) was unable to locate the owner; and
``(B) the infringing use of the work provided
attribution, in a manner reasonable under the
circumstances, to the author and owner of the
copyright, if known with a reasonable degree of
certainty based on information obtained in performing
the reasonably diligent search.
``(2) Definitions; requirements for searches.--
``(A) Owner of infringed copyright.--For purposes
of paragraph (1), the `owner' of an infringed copyright
in a work is the legal or beneficial owner of, or any
party with authority to grant or license, an exclusive
right under section 106 applicable to the infringement.
``(B) Requirements for reasonably diligent
search.--(i) For purposes of paragraph (1), a search to
locate the owner of an infringed copyright in a work--
``(I) is `reasonably diligent' only if it
includes steps that are reasonable under the
circumstances to locate that owner in order to
obtain permission for the use of the work; and
``(II) is not `reasonably diligent' solely
by reference to the lack of identifying
information with respect to the copyright on
the copy or phonorecord of the work.
``(ii) The steps referred to in clause (i)(I) shall
ordinarily include, at a minimum, review of the
information maintained by the Register of Copyrights
under subparagraph (C).
``(iii) A reasonably diligent search includes the
use of reasonably available expert assistance and
reasonably available technology, which may include, if
reasonable under the circumstances, resources for which
a charge or subscription fee is imposed.
``(C) Information to guide searches.--The Register
of Copyrights shall receive, maintain, and make
available to the public, including through the
Internet, information from authoritative sources, such
as industry guidelines, statements of best practices,
and other relevant documents, that is designed to
assist users in conducting and documenting a reasonably
diligent search under this subsection. Such information
may include--
``(i) the records of the Copyright Office
that are relevant to identifying and locating
copyright owners;
``(ii) other sources of copyright ownership
information reasonably available to users;
``(iii) methods to identify copyright
ownership information associated with a work;
``(iv) sources of reasonably available
technology tools and reasonably available
expert assistance; and
``(v) best practices for documenting a
reasonably diligent search.
``(b) Limitations on Remedies.--The limitations on remedies in a
case to which subsection (a) applies are the following:
``(1) Monetary relief.--
``(A) General rule.--Subject to subparagraph (B),
an award for monetary relief (including actual damages,
statutory damages, costs, and attorney's fees) may not
be made, other than an order requiring the infringer to
pay reasonable compensation for the use of the
infringed work.
``(B) Exceptions.--(i) An order requiring the
infringer to pay reasonable compensation for the use of
the infringed work may not be made under subparagraph
(A) if--
``(I) the infringement is performed without
any purpose of direct or indirect commercial
advantage and primarily for a charitable,
religious, scholarly, or educational purpose,
and
``(II) the infringer ceases the
infringement expeditiously after receiving
notice of the claim for infringement,
unless the copyright owner proves, and the court finds,
that the infringer has earned proceeds directly
attributable to the infringement.
``(ii) If the infringer fails to negotiate in good
faith with the owner of the infringed work regarding
the amount of reasonable compensation for the use of
the infringed work, the court may award full costs,
including a reasonable attorney's fee, against the
infringer under section 505, subject to section 412.
``(2) Injunctive relief.--
``(A) General rule.--Subject to subparagraph (B),
the court may impose injunctive relief to prevent or
restrain the infringing use, except that, if the
infringer has met the requirements of subsection (a),
the relief shall, to the extent practicable, account
for any harm that the relief would cause the infringer
due to its reliance on having performed a reasonably
diligent search under subsection (a).
``(B) Special rule for new works.--In a case in
which the infringer recasts, transforms, adapts, or
integrates the infringed work with the infringer's
original expression in a new work of authorship, the
court may not, in granting injunctive relief, restrain
the infringer's continued preparation or use of that
new work, if the infringer--
``(i) pays reasonable compensation to the
owner of the infringed copyright for the use of
the infringed work; and
``(ii) provides attribution to the owner of
the infringed copyright in a manner that the
court determines is reasonable under the
circumstances.
``(C) Treatment of parties not subject to suit.--
The limitations on remedies under this paragraph shall
not be available to an infringer that asserts in an
action under section 501(b) that neither it nor its
representative acting in an official capacity is
subject to suit in Federal court for an award of
damages to the copyright owner under section 504,
unless the court finds that such infringer has--
``(i) complied with the requirements of
subsection (a) of this section;
``(ii) made a good faith offer of
compensation that was rejected by the copyright
owner; and
``(iii) affirmed in writing its willingness
to pay such compensation to the copyright owner
upon the determination by the court that such
compensation was reasonable under paragraph (3)
of this subsection.
``(D) Construction.--Nothing in subparagraph (C)
shall be deemed to authorize or require, and no action
taken pursuant to subparagraph (C) shall be deemed to
constitute, an award of damages by the court against
the infringer.
``(E) Rights and privileges not waived.--No action
taken by an infringer pursuant to subparagraph (C)
shall be deemed to waive any right or privilege that,
as a matter of law, protects such infringer from being
subject to suit in Federal court for an award of
damages to the copyright owner under section 504.
``(3) Reasonable compensation.--In establishing reasonable
compensation under paragraph (1) or (2), the owner of the
infringed copyright has the burden of establishing the amount
on which a reasonable willing buyer and a reasonable willing
seller in the positions of the owner and the infringer would
have agreed with respect to the infringing use of the work
immediately before the infringement began.
``(c) Preservation of Other Rights, Limitations, and Defense.--This
section does not affect any right, limitation, or defense to copyright
infringement, including fair use, under this title. If another
provision of this title provides for a statutory license when the
copyright owner cannot be located, that provision applies in lieu of
this section.
``(d) Copyright for Derivative Works.--Notwithstanding section
103(a), the infringing use of a work in accordance with this section
shall not limit or affect the copyright protection for a work that uses
the infringed work.''.
(b) Conforming Amendment.--The table of sections for chapter 5 of
title 17, United States Code, is amended by adding at the end the
following new item:
``514. Limitation on remedies in cases involving orphan works''.
(c) Effective Date.--The amendments made by this section shall
apply only to infringing uses that commence on or after June 1, 2008.
SEC. 3. REPORT TO CONGRESS ON AMENDMENTS.
The Register of Copyrights shall, not later than December 12, 2014,
report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate on the
implementation and effects of the amendments made by section 2,
including any recommendations for legislative changes that the Register
considers appropriate.
SEC. 4. INQUIRY ON REMEDIES FOR SMALL COPYRIGHT CLAIMS.
(a) In General.--The Register of Copyrights shall conduct an
inquiry with respect to remedies for copyright infringement claims
seeking limited amounts of monetary relief, including consideration of
alternatives to disputes currently heard in the United States district
courts. The inquiry shall cover infringement claims to which section
514 of title 17, United States Code (as added by section 2 of this
Act), apply, and other infringement claims under title 17, United
States Code.
(b) Procedures.--The Register of Copyrights shall publish notice of
the inquiry under subsection (a), providing a period during which
interested persons may submit comments on the inquiry, and an
opportunity for interested persons to participate in public roundtables
on the inquiry. The Register shall hold the public roundtables at such
times as the Register considers appropriate.
(c) Report to Congress.--The Register of Copyrights shall, not
later than 1 year after the date of the enactment of this Act, prepare
and submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
report on the inquiry conducted under this section, including such
recommendations that the Register considers appropriate.
|
Orphan Works Act of 2006 - Limits the remedies available in a copyright infringement action if the infringer proves that: (1) the infringer performed and documented a reasonably diligent search in good faith to locate the copyright owner before using the work, but was unable to locate the owner; and (2) the infringing use of the work provided attribution to the author and owner of the copyright, if known.
Requires the Register of Copyrights to make information available from authoritative sources to assist users in conducting and documenting a reasonably diligent search.
Permits an award of reasonable compensation for the use of the infringed work, except if: (1) the infringement is performed without any commercial advantage and for primarily a charitable, religious, scholarly, or educational purpose; and (2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement.
Allows the court to impose injunctive relief to prevent or restrain the infringing use, but such relief shall account for harm caused to the infringer due to reliance on having performed a reasonably diligent search. Prohibits the court from imposing injunctive relief that restrains the continued preparation or use of a new work that recasts, transforms, adapts, or integrates the infringed work with the infringer's original expression in a new work of authorship if the infringer pays reasonable compensation and provides attribution to the copyright owner.
Requires the Register of Copyrights to conduct an inquiry with respect to remedies for copyright infringement claims seeking limited amounts of monetary relief, including consideration of alternatives to disputes currently heard in the U.S. district courts.
|
{"src": "billsum_train", "title": "To amend title 17, United States Code, to provide for limitation of remedies in cases in which the copyright owner cannot be located, and for other purposes."}
| 2,480 | 394 | 0.679455 | 2.218582 | 0.790179 | 4.530201 | 7.214765 | 0.959732 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Child Protection Volunteer
Screening Assistance Act of 2000''.
SEC. 2. ESTABLISHMENT OF A NATIONAL CENTER ON VOLUNTEER SCREENING.
The Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) is amended by adding at the end the following:
``TITLE VI--NATIONAL CENTER ON VOLUNTEER SCREENING
``SEC. 601. SHORT TITLE.
``This title may be cited as the `National Child Protection
Volunteer Screening Assistance Act'.
``SEC. 602. FINDINGS.
``Congress finds the following:
``(1) More than 87,000,000 children are involved each year
in activities provided by child and youth organizations which
depend heavily on volunteers to deliver services through such
activities.
``(2) The vast majority of activities provided to children
by public and nonprofit private agencies and organizations
result in the delivery of much needed services in safe
environments that could not be provided without the assistance
of virtually millions of volunteers, but abuses of children do
occur.
``(3) Estimates of the incidence of child sexual abuse in
child care settings, foster care homes, and schools range from
1 to 7 percent.
``(4) Although the incidence of child abuse may be
relatively small, abuse traumatizes the victims and shakes
public trust in care providers and organizations serving
vulnerable populations.
``(5) Congress addressed concerns about this type of abuse
by enacting the National Child Protection Act of 1993 and the
Violent Crime Control Act of 1994, to set forth a framework
through which States could authorize screening through criminal
record checks of care providers, including volunteers who work
with children, the elderly, and individuals with disabilities,
but problems regarding the safety of children remain.
``(6) While State screening alone is sometimes adequate to
conduct volunteer background checks, more extensive national
criminal history checks using fingerprints are often advisable,
especially when a prospective volunteer may have lived in more
than 1 State.
``(7) The high cost for fingerprint background checks is
unaffordable for organizations that use a large number of
volunteers and, if such cost is passed on to volunteers, often
discourages their participation.
``(8) The current system of retrieving national criminal
background information on volunteers through an authorized
agency of the State is cumbersome and often requires months
before vital results are returned.
``(9) In order to protect children, volunteer agencies must
currently depend on a convoluted, disconnected, and sometimes
duplicative series of checks that leave children at risk.
``(10) A national volunteer screening center is needed to
protect children by providing effective, efficient, and no-cost
national criminal history background checks of volunteers who
provide care through public and nonprofit private agencies and
organizations.
``SEC. 603. DEFINITIONS.
``For purposes of this title:
``(1) Public or nonprofit private qualified entity.--The
term `public or nonprofit private qualified entity' means an
agency or organization, whether public or nonprofit, that
provides care placement services, including an organization
that licenses or certifies others to provide care placement
services.
``(2) Volunteer provider.--The term `volunteer provider'
means an individual who provides or seeks to provide services
as a volunteer to a public or nonprofit private qualified
entity.
``(3) National criminal background check system.--The term
`national criminal background check system' means the criminal
history record system maintained by the Federal Bureau of
Investigation based on fingerprint identification or any other
method of positive identification.
``(4) Child.--The term `child' has the meaning given such
term in section 5(2) of the Child Protection Act of 1993.
``(5) State.--The term `State' has the meaning given such
term in section 5(11) of the Child Protection Act of 1993.
``SEC. 604. ESTABLISHMENT OF A NATIONAL CENTER FOR VOLUNTEER SCREENING.
``The Attorney General, by making a grant to or a contract with a
public agency or a nonprofit national organization, shall--
``(1) establish a national center for volunteer screening
designed--
``(A) to serve as a point of contact for public and
nonprofit private qualified entities to request a
nationwide background check for the purpose of
determining whether a volunteer provider has been
convicted of a crime that bears upon the provider's
fitness to have responsibilities for the safety and
well-being of children;
``(B) to access and to review, either directly or
indirectly, State and Federal criminal history records
and registries through the national criminal history
background check system, and any other appropriate
system of criminal history information at no cost to
the public or nonprofit private qualified entity or to
the volunteer provider, on an expedited basis under
guidelines conforming to section 3(b) of the Child
Protection Act of 1993;
``(C) to provide criminal background check results
to the public or nonprofit private qualified entity
requesting a nationwide background within no more than
15 business days; and
``(D) to serve as a national resource center and
clearinghouse to provide State and local governments,
public and nonprofit private agencies, and individuals
with information regarding volunteer screening; and
``(2) establish a National Volunteer Screening Task Force
to be chaired by the Attorney General, which shall--
``(A) be composed of--
``(i) 2 employees of the Department of
Justice appointed by the Attorney General;
``(ii) 2 employees of the Department of
Health and Human Services appointed by the
Secretary of Health and Human Services;
``(iii) 2 employees of the Federal Bureau
of Investigation appointed by the Director of
the Federal Bureau of Investigation; and
``(iv) 6 members of national organizations
that represent nonprofit private qualified
entities that use volunteer providers to serve
children; and
``(B) oversee the work of the national center for
volunteer screening and report at least annually to the
President and the Congress with regard to the work of
such center for volunteer screening and the progress of
the States in complying with the Child Protection Act
of 1993.
``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$80,000,000 for fiscal year 2001 and such sums as may be necessary for
fiscal years 2002, 2003, 2004, and 2005.''.
|
Directs the Attorney General, by making a grant to or a contract with a public agency or a nonprofit national organization, to: (1) establish a national center for volunteer screening (to serve as a point of contact for public and nonprofit private qualified entities to request a nationwide background check to determine whether a volunteer provider has been convicted of a crime that bears upon the provider's fitness to have responsibilities for the safety and well-being of children); and (2) establish a National Volunteer Screening Task Force.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "National Child Protection Volunteer Screening Assistance Act of 2000"}
| 1,404 | 120 | 0.492032 | 1.454258 | 0.424623 | 8.171429 | 12.895238 | 0.971429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Landmine Use Moratorium Act of
1995''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) On September 26, 1994, the President declared it to be
a goal of the United States to eventually eliminate
antipersonnel landmines.
(2) On December 15, 1994, the United Nations General
Assembly adopted a resolution sponsored by the United States
which calls for international efforts toward the eventual
elimination of antipersonnel landmines.
(3) According to the Department of State, there are an
estimated 80,000,000 to 110,000,000 unexploded landmines in 62
countries, and millions of additional mines were laid in 1994.
(4) Antipersonnel landmines are routinely used against
civilian populations and kill and maim an estimated 26,000
people each year, or approximately 70 people each day.
(5) The Secretary of State has noted that landmines have
been called ``slow-motion weapons of mass destruction''.
(6) There are hundreds of varieties of antipersonnel
landmines, ranging from the simple $2 type to the more complex
self-destructing type, all of which are incapable of
distinguishing between civilians and combatants.
SEC. 3. CONVENTIONAL WEAPONS CONVENTION REVIEW.
(a) Implementation of United States Goal.--The President shall, at
the 1995 review conference, actively support proposals to modify
Protocol II to the 1980 Conventional Weapons Convention to implement as
rapidly as possible the goal of the United States of the eventual
elimination of antipersonnel landmines.
(b) 1995 Review Conference.--The 1995 review conference referred to
in subsection (a) is the international conference sponsored by the
United Nations to be held from September 25, 1995, through October 13,
1995, to review the 1980 Conventional Weapons Convention (CWC),
including Protocol II to that convention, relating to landmines.
(c) 1980 Conventional Weapons Convention.--For purposes of this
section, the term ``1980 Conventional Weapons Convention'' means the
Convention on Prohibitions or Restrictions on the Use of Certain
Conventional Weapons Which May Be Deemed To Be Excessively Injurious or
To Have Indisciminate Effects, together with the protocols relating
thereto, done at Geneva on October 10, 1980.
SEC. 4. MORATORIUM ON USE OF ANTIPERSONNEL LANDMINES.
(a) United States Moratorium.--(1) During the one-year period
beginning three years after the date of the enactment of this Act, the
United States Government shall not use antipersonnel landmines.
(2) The moratorium under paragraph (1) does not apply to the use of
antipersonnel landmines along internationally recognized national
borders within a perimeter marked area that is monitored by military
personnel and protected by adequate means to ensure the exclusion of
civilians.
(3) If the President determines, before the end of such one-year
period, that the governments of other nations are implementing
moratoriums similar to the moratorium by the United States under
paragraph (1), the President may extend the period of that moratorium
for such additional period as the President considers appropriate.
(b) Other Nations.--The President shall actively encourage the
governments of other nations to join the United States in solving the
global landmine crisis by implementing, as an interim step toward the
eventual elimination of antipersonnel landmines moratoriums on the use
of antipersonnel landmines similar to the United States moratorium
under subsection (a).
SEC. 5. ANTIPERSONNEL LANDMINE EXPORTS.
(a) Purpose.--The purpose of this section is to discourage the
proliferation of antipersonnel landmines.
(b) Prohibition.--The United States Government shall not sell,
license for export, or transfer any defense article or service to any
foreign government which the President determines sells, exports, or
transfers antipersonnel landmines.
(c) Waiver Authority.--The President may waive the applicability of
the prohibition in subsection (b) to a foreign government if the
President determines that there exists an emergency which makes it
vital to the interest of the United States for the President to waive
such prohibition. Any such waiver may not take effect until the
President transmits to Congress, in writing, notice of such waiver and
the reasons for the waiver.
SEC. 6. DEFINITION.
For purposes of this Act, the term ``antipersonnel landmine'' means
any munition that--
(1) is placed under, on, or near the ground or other
surface area;
(2) is delivered by artillery, rocket, mortar, or similar
means or dropped from an aircraft; and
(3) is designed, constructed, or adapted to be detonated or
exploded by the presence, proximity, or contact of a person.
|
Landmine Use Moratorium Act of 1995 - Directs the President to support, at the 1995 United Nations review conference, proposals to modify Protocol II to the 1980 Conventional Weapons Convention to implement the U.S. goal of the elimination of antipersonnel landmines.
Declares a U.S. moratorium, for a one year period beginning three years after enactment of this Act, on the use of such landmines except along internationally recognized national borders within a perimeter marked area monitored by military personnel and protected by adequate means to ensure the exclusion of civilians. Urges the President to encourage other nations to join in such moratorium.
Prohibits the United States from selling, licensing for export, or transferring any defense article or service to a foreign country that sells, exports, or transfers antipersonnel landmines. Authorizes the President to waive such prohibition, after notice to the Congress, if an emergency exists which makes such waiver vital to the interest of the United States.
|
{"src": "billsum_train", "title": "Landmine Use Moratorium Act of 1995"}
| 1,081 | 222 | 0.58423 | 1.770985 | 0.876019 | 4.045714 | 5.36 | 0.925714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Design-Build Flexibility Act''.
SEC. 2. DESIGN-BUILD CONTRACTING.
(a) In General.--Section 112(b)(3) of title 23, United States Code,
is amended to read as follows:
``(3) Design-build contracting.--
``(A) In general.--A State transportation
department or local transportation agency may use
design-build contracts for development of projects
under this chapter and may award such contracts using
any procurement process permitted by applicable State
and local law.
``(B) limitation on work to be performed under
design-build contracts.--Construction of permanent
improvements shall not commence under a design-build
contract awarded under this paragraph before compliance
with section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332).
``(C) Scope of work.--The scope of the contractor's
work under a design-build contract awarded under this
paragraph may include assistance in the environmental
review process for the project, including preparation
of environmental impact assessments and analyses, if
such work is performed under the direction of, and
subject to oversight by, the State transportation
department or local transportation agency and the State
transportation department or local transportation
agency conducts a review that assesses the objectivity
of the environmental assessment, environmental
analysis, or environmental impact statement prior to
its submission to the Secretary.
``(D) Project approval.--A design-build contract
may be awarded under this paragraph prior to compliance
with section 102 of the National Environmental Policy
Act of 1969, only--
``(i) upon request by the State
transportation department or local
transportation agency;
``(ii) with the concurrence of the
Secretary in issuance of the procurement
documents and any amendments thereto and in
award of the contract and any amendments
thereto; and
``(iii) if project approval will be
provided after compliance with section 102 of
the National Environmental Policy Act of 1969.
``(E) Effect of concurrence.--Concurrence by the
Secretary under subparagraph (D) shall be considered a
preliminary action that does not affect the
environment.
``(F) Design-build contract defined.--In this
section, the term ``design-build contract'' means an
agreement that provides for design and construction of
a project by a contractor, regardless of whether the
agreement is in the form of a design-build contract, a
franchise agreement, or any other form of contract
approved by the Secretary.''.
(b) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall issue regulations that amend
the regulations issued under section 1307(c) of the Transportation
Equity Act for the 21st Century (23 U.S.C. 112 note). The regulations--
(1) shall allow a State transportation department or local
transportation agency to use any procurement process permitted
by applicable State and local law in awarding design-build
contracts, including allowing unsolicited proposals, negotiated
procurements, and multiple requests for final proposals; except
that the Secretary may require reasonable justification to be
provided for any sole source procurement; and
(2) may include ``best practices'' guidelines;
(3) shall not preclude State transportation departments and
local transportation agencies from allowing proposers to
include alternative technical concepts in their ``base''
proposals;
(4) shall not preclude State transportation departments and
local transportation agencies from issuing a request for
proposals document, proceeding with award of a design-build
contract, or issuing a notice to proceed with preliminary
design work under such a contract prior to compliance with
section 102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4332) if the design-build contractor is not
authorized to proceed with construction of permanent
improvements prior to such compliance; and
(5) shall provide guidelines regarding procedures to be
followed by the State transportation department or local
transportation agency in their direction of and oversight over
any environmental impact assessments or analyses for the
project which are to be prepared by the contractor or its
affiliates.
|
Design-Build Flexibility Act - Amends Federal highway law to direct the Secretary of Transportation to issue regulations authorizing a State transportation department or local transportation agency to award a design-build contract (for both design and construction) for a Federal-aid highway project using a procurement process permitted under applicable State and local law if certain environmental requirements are met.
|
{"src": "billsum_train", "title": "To amend title 23, United States Code, relating to design-build contracting."}
| 892 | 78 | 0.564781 | 1.36333 | 0.823185 | 2.492537 | 12.641791 | 0.820896 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Care for Our Wounded
Warriors Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) An estimated one in six members of the Armed Forces
returning from service in Iraq or Afghanistan has a diagnosable
condition of post-traumatic stress disorder (PTSD).
(2) One in ten members of the Armed Forces who have served
in Iraq or Afghanistan may suffer from a traumatic brain injury
(TBI).
(3) Since 2001, approximately 1,500,000 members of the
Armed Forces have been deployed in support of the conflicts in
Iraq and Afghanistan, of whom approximately one-third have
served at least two tours of duty, 70,000 have served three
tours of duty, and 20,000 have served at least five tours of
duty.
(4) Currently, there are 700,000 children in the United
States with at least one parent deployed to support ongoing
military operations in Iraq and Afghanistan.
(5) The Department of Defense is facing a shortage of
mental health professionals. The Department has had as many as
450 psychologists on active duty in the Armed Forces in past
years. However, the Department currently has only 350
psychologists on active duty in the Armed Forces in support of
combat operations.
(6) The demands placed on the Department of Defense mental
health system exceed its capacity to provide services in a
timely manner to all those in need.
(7) The long-term costs of treating members of the Armed
Forces returning from Iraq and Afghanistan could ultimately
reach $700,000,000,000, with post-traumatic stress disorder
projected to be one of the most expensive conditions to treat.
(8) Women now constitute 16 percent of the members of the
Armed Forces and are assigned to 90 percent all military
occupations. As a result, there is a need for research on
whether or not women in combat roles have unique mental health
needs that should be addressed by the mental health system of
the Department of Defense.
(9) More than 25 percent of the members of the Armed Forces
deployed in support combat operations in Iraq and Afghanistan
are ethnic minorities. There is a need for research on whether
or not minorities have unique mental health needs that should
be addressed by the mental health system of the Department of
Defense.
(10) Three out of every five deployed members of the Armed
Forces have a spouse, child, or both. However, there is a
paucity of research on the mental health needs of members of
the Armed Forces and their families.
(11) Approximately 40 percent of the billets for licensed
clinical psychologists in the Army are vacant, and there are
shortages in other mental health professions, including
psychiatry and clinical social work.
(12) The long-term needs associated with mental health
conditions and brain injuries will require a robust mental
health professional workforce.
SEC. 3. SENSE OF CONGRESS ON MENTAL HEALTH OF THE MEMBERS OF THE ARMED
FORCES.
It is the sense of Congress that--
(1) members of the Armed Forces deserve the best possible
treatment for injuries sustained while in service to the United
States;
(2) injuries sustained by members of the Armed Forces in
combat produce both physical and mental illnesses;
(3) members of the Armed Forces should have access to
mental health providers to facilitate their treatment for
mental illness sustained during combat;
(4) mental health disorders, such as post-traumatic stress
disorder (PTSD), incurred by members of the Armed Forces in
combat should be treated with an urgency similar to physical
ailments incurred by such members in combat;
(5) there is a need to train, recruit, and retain more
psychologists, social workers, psychiatrists, neurologists, and
other health care professionals to diagnose and provide short-
term and long-term care for members of the Armed Forces with
mental health conditions, including traumatic brain injuries
(TBIs), sustained in combat; and
(6) there is a continued need for--
(A) basic science research on post-traumatic stress
disorder, traumatic brain injury, and other combat-
related conditions;
(B) the development of new treatments for post-
traumatic stress disorder, traumatic brain injury, and
other combat-related conditions;
(C) the dissemination of best practices for
treating and managing post-traumatic stress disorder,
traumatic brain injury, and other combat-related
conditions; and
(D) a long-term strategy for education, training,
recruitment, and retention for the mental health
workforce of the Department of Defense in order to
expand and improve that workforce.
SEC. 4. CENTERS OF EXCELLENCE IN MILITARY MENTAL HEALTH.
(a) Establishment.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1105 the following
new section:
``Sec. 1105a. Centers of Excellence in Military Mental Health
``(a) In General.--The Secretary of Defense shall establish within
the Department of Defense at least two centers of excellence in
military mental health to carry out the responsibilities specified in
subsection (c). Each such center shall be known as a `Center of
Excellence in Military Mental Health'.
``(b) Partnerships.--The Secretary shall authorize each Center of
Excellence in Military Mental Health to enter into such partnerships,
agreements, or other arrangements as the Secretary considers
appropriate with institutions of higher education and other appropriate
public and private entities to carry out the responsibilities specified
in subsection (c).
``(c) Responsibilities.--Each Center of Excellence in Military
Mental Health shall have responsibilities as follows:
``(1) To direct and oversee, based on expert research, the
development and implementation of a long-term, comprehensive
plan and strategy for the Department of Defense for the
prevention, identification, and treatment of combat-related
mental health conditions and brain injuries, with an emphasis
on post-traumatic stress disorder (PTSD) and traumatic brain
injury (TBI).
``(2) To provide for the development, testing, and
dissemination within the Department of best practices for the
treatment of combat-related mental health conditions and brain
injuries, including post-traumatic stress disorder, traumatic
brain injury, acute depression, and substance abuse.
``(3) To provide guidance for the mental health system of
the Department in determining the mental health and
neurological health personnel required to provide quality
mental health care for members of the armed forces.
``(4) To establish, implement, and oversee a comprehensive
program to train mental health and neurological health
professionals of the Department in the treatment of combat-
related mental health conditions and brain injuries.
``(5) To facilitate advancements in the study of the short-
term and long-term psychological effects of traumatic brain
injury.
``(6) To disseminate within the military medical treatment
facilities of the Department best practices for training mental
health professionals, including neurological health
professionals.
``(7) To develop a strategic plan to reduce the stigma
among members of the armed forces regarding the presence of
mental illness or other mental health conditions in such
members.
``(8) To conduct basic science and translational research
on combat-related mental health conditions and brain injuries
for the purposes of understanding the etiology of such
conditions and injuries and developing preventive interventions
and new treatments.
``(9) To develop outreach strategies and treatments for
families of members of the armed forces with combat-related
mental health conditions or brain injuries in order to mitigate
the negative impacts of such conditions and injuries on such
family members and to support the recovery of such members from
such conditions and injuries.
``(10) To conduct research on the unique mental health
needs of women members of the armed forces who serve in combat
zones and develop treatments to meet any needs identified
through such research.
``(11) To conduct research on the unique mental health
needs of ethnic minority members of the armed forces who serve
in combat and develop treatments to meet any needs identified
through such research.
``(12) To conduct research on the mental health needs of
families of members of the armed forces who are deployed to
combat zones and develop treatments to meet any needs
identified through such research.
``(13) To develop and oversee a long-term plan to increase
the number of mental health and neurological health
professionals within the Department in order to facilitate the
meeting by the Department of the long-term needs of members of
the armed forces with combat-related mental health conditions
or brain injuries.
``(14) Such other responsibilities as the Secretary shall
specify.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1105 the following new item:
``1105a. Centers of Excellence in Military Mental Health.''.
(3) Report on establishment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the establishment of
Centers of Excellence in Military Mental Health under section
1105a of title 10, United States Code (as added by paragraph
(1)). The report shall--
(A) set forth the number and location of the
Centers of Excellence in Military Mental Health so
established;
(B) for each Center so established, describe in
detail the activities and proposed activities of such
Center; and
(C) assess the general progress of the Centers in
discharging the responsibilities set forth in that
section.
(b) Oversight.--
(1) Board of oversight.--The Secretary of Defense shall
establish a board to oversee the activities of the Centers of
Excellence in Military Mental Health of the Department of
Defense established under section 1105a of title 10, United
States Code (as added by subsection (a)). The board shall be
known as the ``Board of Oversight of Excellence in Military
Mental Health'' (in this subsection referred to as the
``Board'').
(2) Membership.--
(A) Required members.--The members of the Board
shall include the following:
(i) The director of each Center of
Excellence in Military Mental Health.
(ii) The commanding officer of Walter Reed
Army Medical Center, District of Columbia.
(iii) The Surgeon General of the Army, the
Surgeon General of the Navy, and the Surgeon
General of the Air Force.
(iv) The Assistant Secretary of Defense for
Health Affairs.
(B) Authorized members.--With the joint approval of
the Secretary of Defense and the Secretary of Veterans
Affairs, the members of the Board may include any of
the following:
(i) The Under Secretary of Veterans Affairs
for Health.
(ii) Any director of a polytrauma center of
the Department of Veterans Affairs.
(3) Meetings.--The Board shall meet not less often than
four times each year.
(4) Responsibilities.--The responsibilities of the Board
shall include the following:
(A) To consider and evaluate proposals of the
Centers of Excellence in Military Mental Health in the
discharge of the responsibilities of such Centers.
(B) To develop mechanisms for the dissemination and
implementation of recommendations and best practices on
military mental health developed by the Centers of
Excellence in Military Mental Health.
(C) Such other responsibilities as the Secretary
shall establish for purposes of this section.
SEC. 5. PERSONNEL SHORTAGES IN MENTAL HEALTH WORKFORCE OF THE
DEPARTMENT OF DEFENSE.
(a) Recommendations on Means of Addressing Shortages.--
(1) Report.--Not later than 45 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the recommendations of
the Secretary for such legislative or administrative actions as
the Secretary considers appropriate to address current
personnel shortages in the mental health workforce of the
Department of Defense.
(2) Elements.--The report required by paragraph (1) may
include recommendations on the following:
(A) Enhancements or improvements of financial
incentives for personnel in the mental health workforce
of the Department of Defense in order to enhance the
recruitment and retention of such personnel, including
recruitment, accession, or retention bonuses and
scholarship, tuition, and other financial assistance.
(B) Modifications of service obligations of
personnel in the mental health workforce.
(C) Such other matters as the Secretary considers
appropriate.
(b) Recruitment.--Commencing not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall implement
programs to recruit qualified individuals in mental health fields to
service in the Armed Forces as mental health personnel of the Armed
Forces.
|
Mental Health Care for Our Wounded Warriors Act - Expresses the sense of Congress that: (1) members of the Armed Forces (members) deserve the best possible treatment for mental and physical illnesses and injuries sustained while in military service; (2) members should have access to mental health providers; (3) mental health disorders such as post-traumatic stress disorder (PTSD) should be treated with an urgency similar to physical ailments incurred by members; (4) there is a need to recruit, train, and retain more mental health care professionals to diagnose and treat members; and (5) there is a continued need for research, new treatments, and best practices for treating PTSD, as well as a long-term strategy for recruiting, training, and retaining the mental health workforce of the Department of Defense (DOD).
Directs the Secretary of Defense to establish at least two centers of excellence in military mental health for, among other things, the development and implementation of DOD strategy for the prevention, identification, and treatment of combat-related mental health conditions, with an emphasis on PTSD and traumatic brain injury.
Requires a report from the Secretary to the congressional defense committees on appropriate actions to address current personnel shortages in the DOD mental health workforce.
|
{"src": "billsum_train", "title": "A bill to improve mental health care for wounded members of the Armed Forces, and for other purposes."}
| 2,704 | 261 | 0.608353 | 1.823928 | 0.769891 | 3.719512 | 10.841463 | 0.955285 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Free Families Act of 2008''.
SEC. 2. DRUG TESTING PROGRAM FOR APPLICANTS FOR AND RECIPIENTS OF
ASSISTANCE UNDER STATE TANF PROGRAMS.
(a) State Plan Requirement of Drug Testing Program.--Section 402(a)
of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at
the end the following new paragraph:
``(8) Certification that the state will operate an illegal
drug use testing program.--
``(A) In general.--A certification by the chief
executive officer of the State that the State will
operate a program to test all applicants for assistance
under the State program funded under this part, and all
individuals described in subparagraph (B) of section
408(a)(12), for the use of illegal drugs (as defined in
subparagraph (G)(i) of such section), and to deny
assistance under such State program to individuals who
test positive for illegal drug use or who are convicted
of drug-related crimes, as required by such section.
``(B) Authority for continued testing.--The program
described in subparagraph (A) may include a plan to
continue testing individuals receiving assistance under
the State program funded under this part for illegal
drug use at random or set intervals after the initial
testing of such individuals, at the discretion of the
State agency administering such State program.''.
(b) Requirement That Applicants and Individuals Receiving
Assistance Be Tested for Illegal Drug Use.--Section 408(a) of the
Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end
the following new paragraph:
``(12) Requirement for drug testing; denial of assistance
for individuals found to have used illegal drugs and
individuals convicted of drug-related offenses.--
``(A) In general.--A State to which a grant is made
under section 403 shall not use any part of the grant
to provide assistance to any individual who has not
been tested for illegal drug use under the program
required under section 402(a)(8).
``(B) Transition rule.--In the case of an
individual who is receiving assistance under the State
program funded under this part on the effective date of
the Drug Free Families Act of 2008, or whose
application for assistance is approved before such date
if such assistance has not begun as of such date, a
State may not provide assistance to such individual
unless such individual is tested for illegal drug use
under the program described in subparagraph (A) after
the 3rd month that begins after such date.
``(C) Denial of assistance for individuals who test
positive for illegal drug use and individuals convicted
of drug-related crimes.--In the case of--
``(i) an individual who tests positive for
illegal drug use under the program described in
subparagraph (A); or
``(ii) an individual who is convicted of a
drug-related crime after the effective date of
the Drug Free Families Act of 2008;
the State shall not provide assistance to the
individual under the State program funded under this
part unless such individual enters and successfully
completes (as determined by the State) a drug
rehabilitation or treatment program and does not test
positive for illegal drug use in the 6-month period
beginning on the date the individual enters such
rehabilitation or treatment program. During such 6-
month period the State may continue to provide
assistance to an individual who has not been convicted
of a felony drug-related crime, unless the individual
tests positive for illegal drug use during such period.
The State may test the individual for illegal drug use
at random or set intervals, at the discretion of the
State, after such period.
``(D) Waiting period after denial of benefits.--In
the case of an individual who is denied assistance
under subparagraph (C) because of failure to satisfy
the requirements of such subparagraph, a State may not
provide assistance to such individual under the State
program funded under this part at any time during the
2-year period beginning on the date the individual is
so denied.
``(E) Permanent denial of assistance after third
drug-related denial.--In the case of an individual who
is denied assistance under subparagraph (C) 3 times, as
a result of 3 separate positive tests for illegal drug
use, 3 separate convictions for drug-related crimes
(not including convictions that are imposed
concurrently in time), or any combination of 3 such
separate tests or convictions, a State may not provide
assistance to such individual under the State program
funded under this part at any time after the 3rd such
test or conviction.
``(F) Limitation on waiver authority.--The
Secretary may not waive the provisions of this
paragraph under section 1115.
``(G) Definitions.--For purposes of this
paragraph--
``(i) Illegal drug.--The term `illegal
drug' means a controlled substance as defined
in section 102 of the Controlled Substances Act
(21 U.S.C. 802)).
``(ii) Drug rehabilitation or treatment
program.--The term `drug rehabilitation or
treatment program' means a program determined
by the State to provide treatment that can lead
to the rehabilitation of drug users, but only
if such program complies with all applicable
Federal, State, and local laws and regulations.
``(iii) Drug-related crime.--The term
`drug-related crime' means any crime involving
the possession, use, or sale of an illegal
drug.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the 1st
day of the 1st calendar quarter that begins on or after the
date that is 1 year after the date of the enactment of this
Act.
(2) Delay permitted if state legislation required.--In the
case of a State plan under section 402(a) of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made by this
Act, the State plan shall not be regarded as failing to comply
with the requirements of such section 402(a) solely on the
basis of the failure of the plan to meet such additional
requirements before the 1st day of the 1st calendar quarter
beginning after the close of the 1st regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of the previous sentence, in the case of
a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session
of the State legislature.
|
Drug Free Families Act of 2008 - Amends part A (Temporary Assistance for Needy Families (TANF)) of title IV of the Social Security Act to require state TANF programs to implement a program to test TANF applicants and recipients for illegal drug use.
Requires state TANF programs to deny assistance to individuals who test positive for illegal drugs and individuals convicted of drug-related crimes.
|
{"src": "billsum_train", "title": "A bill to amend title IV of the Social Security Act to require States to implement a drug testing program for applicants for and recipients of assistance under the Temporary Assistance for Needy Families (TANF) program."}
| 1,534 | 94 | 0.603298 | 1.477482 | 1.203238 | 2.835616 | 18.931507 | 0.917808 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Investment in American Jobs
Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It remains an urgent national priority to improve
economic growth and create new jobs.
(2) National security requires economic strength and global
engagement.
(3) Businesses today have a wide array of choices when
considering where to invest, expand, or establish new
operations.
(4) Administrations of both parties have consistently
reaffirmed the need to promote an open investment climate as a
key to domestic economic prosperity and security.
(5) The United States has historically been the largest
worldwide recipient of foreign direct investment but has seen
its share decline in recent years.
(6) The United States faces increasing competition from
other countries as it works to recruit investment from global
companies.
(7) Foreign direct investment can benefit the economy and
workforce of every State and Commonwealth in the United States.
(8) According to the latest Federal statistics, the United
States subsidiaries of companies headquartered abroad
contribute to the United States economy in a variety of
important ways, including by--
(A) providing jobs for an estimated 5,600,000
Americans, with compensation that is often higher than
the national private-sector average, as many of these
jobs are in high-skilled, high-paying industries;
(B) strengthening the United States industrial base
and employing nearly 15 percent of the United States
manufacturing sector workforce;
(C) establishing operations in the United States
from which to sell goods and services around the world,
thereby producing nearly 18 percent of United States
exports;
(D) promoting innovation with more than
$41,000,000,000 in annual United States research and
development activities;
(E) paying nearly 14 percent of United States
corporate income taxes; and
(F) purchasing goods and services from local
suppliers and small businesses worth hundreds of
billions of dollars annually.
(9) These companies account for 5.8 percent of United
States private sector gross domestic product.
(10) The Department of Commerce has initiatives in place to
increase foreign direct investment.
(11) The President issued a statement in 2011 reaffirming
the longstanding open investment policy of the United States
and encouraged all countries to pursue such a policy.
(12) The President signed an executive order in 2011 to
establish the SelectUSA initiative and expanded its resources
and activities in 2012, so as to promote greater levels of
business investment in the United States.
(13) The President's Council on Jobs and Competitiveness in
2011 recommended the establishment of a National Investment
Initiative to attract $1,000,000,000,000 in foreign direct
investment over five years.
(14) Sound transportation infrastructure, a well-educated
and healthy workforce, safe food and water, stable financial
institutions, a fair and equitable justice system, and
transparent and accountable administrative procedures are
important factors that contribute to United States global
competitiveness.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the ability of the United States to attract foreign
direct investment is directly linked to the long-term economic
prosperity, global competitiveness, and security of the United
States;
(2) it is a top national priority to enhance the global
competitiveness, prosperity, and security of the United States
by--
(A) removing unnecessary barriers to foreign direct
investment and the jobs that it creates throughout the
United States; and
(B) promoting policies to ensure the United States
remains the premier global destination in which to
invest, hire, innovate, and manufacture products;
(3) maintaining the United States' commitment to open
investment policy encourages other countries to reciprocate and
enables the United States to open new markets abroad for United
States companies and their products;
(4) while foreign direct investment can enhance the
Nation's economic strength, policies regarding foreign direct
investment should reflect national security interests and
should not disadvantage domestic investors or companies; and
(5) United States efforts to attract foreign direct
investment should be consistent with efforts to maintain and
improve the domestic standard of living.
SEC. 4. FOREIGN DIRECT INVESTMENT REVIEW.
(a) Review.--The Secretary of Commerce, in coordination with the
Federal Interagency Investment Working Group and the heads of other
relevant Federal departments and agencies, shall conduct an interagency
review of the global competitiveness of the United States in attracting
foreign direct investment.
(b) Specific Matters to Be Included.--The review conducted pursuant
to subsection (a) shall include a review of--
(1) the current economic impact of foreign direct
investment in the United States, with particular focus on
manufacturing, research and development, trade, and jobs;
(2) trends in global cross-border investment flows and the
underlying factors for such trends;
(3) Federal Government policies that are closely linked to
the ability of the United States to attract and retain foreign
direct investment;
(4) foreign direct investment as compared to direct
investment by domestic entities;
(5) foreign direct investment that takes the form of
greenfield investment as compared to foreign direct investment
reflecting merger and acquisition activity;
(6) the unique challenges posed by foreign direct
investment by state-owned enterprises;
(7) ongoing Federal Government efforts to improve the
investment climate and facilitate greater levels of foreign
direct investment in the United States;
(8) innovative and noteworthy State, regional, and local
government initiatives to attract foreign investment; and
(9) initiatives by other countries in order to identify
best practices for increasing global competitiveness in
attracting foreign direct investment.
(c) Limitation.--The review conducted pursuant to subsection (a)
shall not address laws or policies relating to the Committee on Foreign
Investment in the United States.
(d) Public Comment.--Prior to--
(1) conducting the review under subsection (a), the
Secretary shall publish notice of the review in the Federal
Register and shall provide an opportunity for public comment on
the matters to be covered by the review; and
(2) reporting pursuant to subsection (e), the Secretary
shall publish the proposed findings and recommendations to
Congress in the Federal Register and shall provide an
opportunity for public comment.
(e) Report to Congress.--Not later than one year after the date of
enactment of this Act, the Secretary of Commerce, in coordination with
the Federal Interagency Investment Working Group and the heads of other
relevant Federal departments and agencies, shall report to Congress the
findings of the review required under subsection (a) and submit
recommendations for increasing the global competitiveness of the United
States in attracting foreign direct investment without weakening labor,
consumer, financial, or environmental protections.
|
(This measure has not been amended since it was passed by the House on September 9, 2013. Global Investment in American Jobs Act of 2013 - Expresses the sense of Congress that: (1) U.S. ability to attract foreign direct investment is directly linked to U.S. long-term economic prosperity, global competitiveness, and security; (2) it is a top national priority to enhance U.S. global competitiveness, prosperity, and security by removing unnecessary barriers to foreign direct investment and the U.S. jobs it creates and promoting policies to ensure the United States remains the premier global destination in which to invest, hire, innovate, and manufacture products; (3) maintaining the U.S. commitment to open investment policy encourages other countries to reciprocate and enables the United States to open new markets abroad for U.S. companies and their products; (4) U.S. policies regarding foreign direct investment should reflect national security interests and should not disadvantage domestic investors or companies; and (5) U.S. efforts to attract foreign direct investment should be consistent with efforts to maintain and improve the U.S. standard of living. Directs the Secretary of Commerce, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant federal agencies, to conduct an interagency review of the U.S. global competitiveness in attracting foreign direct investment and report to Congress recommendations for increasing that U.S. global competitiveness without weakening labor, consumer, financial, or environmental protections.
|
{"src": "billsum_train", "title": "Global Investment in American Jobs Act of 2013"}
| 1,348 | 313 | 0.618053 | 2.046781 | 0.785488 | 5.410448 | 5.208955 | 0.91791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Job Creation and Investment
Act''.
SEC. 2. ELECTION TO TEMPORARILY UTILIZE UNUSED AMT CREDITS DETERMINED
BY DOMESTIC WAGES AND DOMESTIC INVESTMENT.
(a) In General.--Section 53 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(g) Election for Corporations With Unused Credits.--
``(1) In general.--If a corporation elects to have this
subsection apply, then notwithstanding any other provision of
law, the limitation imposed by subsection (c) for any such
taxable year shall be increased by the AMT credit adjustment
amount.
``(2) AMT credit adjustment amount.--For purposes of
paragraph (1), the term `AMT credit adjustment amount' means
with respect to any taxable year beginning in 2010 or 2011, the
lesser of--
``(A) a corporation's minimum tax credit determined
under subsection (b), or
``(B) the sum of--
``(i) 20 percent of new qualifying domestic
compensation paid during such taxable year,
determined by taking into account not more than
$100,000 for each employee, plus
``(ii) 20 percent of new domestic
investments made during such taxable year, plus
``(iii) 10 percent of qualifying domestic
compensation paid during the preceding taxable
year, determined by taking into account not
more than $100,000 for each employee.
``(3) Qualifying domestic compensation.--For purposes of
this subsection, the term `qualifying domestic compensation'
means, with respect to any person for any taxable year of such
person, the sum of the amounts described in paragraphs (3),
(8), and (9) of section 6051(a) paid by such person with
respect to employment of citizens or residents of the United
States (within the meaning of section 7701(a)(30)(A)) by such
person during the calendar year ending during such taxable
year.
``(4) New qualifying domestic compensation.--For purposes
of this subsection, the term `new qualifying domestic
compensation' means qualifying domestic compensation paid with
respect to employment of individuals the hiring date (or, in
the case of furloughed employees, the recall date) of whom
occurs during the taxable year. For purposes of the preceding
sentence, rules similar to the rules of section 51(i)(1) shall
apply.
``(5) New domestic investments.--For purposes of this
subsection, the term `new domestic investments' means the cost
of qualified property (as defined in section 168(k)(2)(A)(i))--
``(A) the original use of which commences with the
taxpayer during the taxable year, and
``(B) which is placed in service in the United
States by the taxpayer during such taxable year.
``(6) Special maintenance of workforce rule.--
``(A) In general.--In any taxable year beginning in
2011, paragraph (2)(B)(iii) shall apply only if the
taxpayer's qualifying domestic compensation in such
taxable year is at least 100 percent of such
compensation in the preceding taxable year.
``(B) Acquisitions, etc.--For purposes of
subparagraph (A), in determining the qualifying
domestic compensation for the preceding taxable year,
rules similar to the rules under subparagraphs (A) and
(B) of section 41(f)(3) shall apply to adjust the
compensation for acquisitions and dispositions (taxable
or otherwise) of any major portion of a trade or
business or any major portion of a separate unit of a
trade or business.
``(7) Credit refundable.--For purposes of subsections (b)
and (c) of section 6401, the aggregate increase in the credits
allowable under part IV of subchapter A for any taxable year
resulting from the application of this subsection shall be
treated as allowed under subpart C of such part (and not to any
other subpart).
``(8) Election.--
``(A) In general.--An election under this
subsection shall be made at such time and in such
manner as prescribed by the Secretary, and once
effective, may be revoked only with the consent of the
Secretary.
``(B) Interim elections.--Until such time as the
Secretary prescribes a manner for making an election
under this subsection, a taxpayer is treated as having
made a valid election by providing written notification
to the Secretary and the Commissioner of Internal
Revenue of such election.
``(C) Election to increase limitation in earlier
year.--A corporation may elect to increase the
limitation under subsection (c) for its taxable year
which includes December 31, 2009. The increase in the
limitation under subsection (c) to which an election
under this subparagraph applies shall not exceed the
AMT credit adjustment amount (as determined under
paragraph (2)) as of the date of such election is made.
Any AMT credit adjustment amount not included in such
election will be included in the corporation's return
for its first taxable year beginning after December 31,
2009. Such election, once made, is irrevocable. Such
election may be made only if the corporation files such
amended returns (and pays such tax) as is necessary to
comply with paragraph (11).
``(9) Aggregation rule.--For purposes of this subsection--
``(A) all corporations which are members of an
affiliated group of corporations filing a consolidated
tax return, and
``(B) all partnerships in which more than 50
percent of the capital and profits interest in the
partnership are owned by the corporation (directly or
indirectly) at all times during the taxable year in
which an election under this subsection is in effect,
shall be treated as a single corporation.
``(10) Application to partnerships.--In the case of a
partnership--
``(A) this subsection shall be applied at the
partner level, and
``(B) each partner shall be treated as having for
the taxable year an amount equal to such partner's
allocable share of the qualifying domestic
compensation, new qualifying domestic compensation, and
new domestic investments of the partnership for such
taxable year (as determined under regulations
prescribed by the Secretary).
``(11) No double benefit.--Notwithstanding clause (iii)(II)
of section 172(b)(1)(H), any taxpayer which has previously made
an election under such section shall be deemed to have revoked
such election by the making of its first election under this
subsection.
``(12) Regulations.--The Secretary may issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this subsection,
including to prevent fraud and abuse under this subsection.
``(13) Termination.--This subsection shall not apply to any
taxable year that begins after December 31, 2011.''.
(b) Quick Refund of Refundable Credit.--Section 6425 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(e) Allowance of AMT Credit Adjustment Amount.--The amount of an
adjustment under this section as determined under subsection (c)(2) for
any taxable year may be increased to the extent of the corporation's
AMT credit adjustment amount determined under section 53(g) for such
taxable year.''.
(c) Effective Date.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply to taxable years ending after December 30, 2009.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to taxable years beginning after December 31, 2009.
|
American Job Creation and Investment Act - Amends the Internal Revenue Code to allow a corporation to elect in 2010 and 2011 to increase its alternative minimum tax (AMT) credits by a specified credit adjustment amount for purposes of increasing its U.S. workforce and making investments in business equipment. Allows a similar election for a taxable year which includes December 31, 2009, with certain restrictions. Terminates such additional credit allowance after December 31, 2011.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow companies to utilize existing alternative minimum tax credits to create and maintain United States jobs, and for other purposes."}
| 1,684 | 94 | 0.523971 | 1.288333 | 0.478788 | 2.280488 | 18.841463 | 0.841463 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telemarketing Fraud Prevention Act
of 1998''.
SEC. 2. CRIMINAL FORFEITURE OF FRAUD PROCEEDS.
Section 982 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating the second paragraph designated as
paragraph (6) as paragraph (7); and
(B) by adding at the end the following:
``(8) The Court, in sentencing a defendant convicted of an offense
under section 1028, 1029, 1341, 1342, 1343, or 1344, or of a conspiracy
to commit such an offense, if the offense involves telemarketing (as
that term is defined in section 2325), shall order that the defendant
forfeit to the United States any real or personal property--
``(A) used or intended to be used to commit, to facilitate, or
to promote the commission of such offense; and
``(B) constituting, derived from, or traceable to the gross
proceeds that the defendant obtained directly or indirectly as a
result of the offense.''; and
(2) in subsection (b)(1)(A), by striking ``(a)(1) or (a)(6)''
and inserting ``(a)(1), (a)(6), or (a)(8)''.
SEC. 3. PENALTY FOR TELEMARKETING FRAUD.
Section 2326 of title 18, United States Code, is amended by
striking ``may'' each place it appears and inserting ``shall''.
SEC. 4. ADDITION OF CONSPIRACY OFFENSES TO SECTION 2326 ENHANCEMENT.
Section 2326 of title 18, United States Code, is amended by
inserting ``, or a conspiracy to commit such an offense,'' after ``or
1344''.
SEC. 5. CLARIFICATION OF MANDATORY RESTITUTION.
Section 2327 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``for any offense under this
chapter'' and inserting ``to all victims of any offense for which
an enhanced penalty is provided under section 2326''; and
(2) by striking subsection (c) and inserting the following:
``(c) Victim Defined.--In this section, the term `victim' has the
meaning given that term in section 3663A(a)(2).''.
SEC. 6. AMENDMENT OF FEDERAL SENTENCING GUIDELINES.
(a) Definition of Telemarketing.--In this section, the term
``telemarketing'' has the meaning given that term in section 2326 of
title 18, United States Code.
(b) Directive To Sentencing Commission.--Pursuant to its authority
under section 994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall--
(1) promulgate Federal sentencing guidelines or amend existing
sentencing guidelines (and policy statements, if appropriate) to
provide for substantially increased penalties for persons convicted
of offenses described in section 2326 of title 18, United States
Code, as amended by this Act, in connection with the conduct of
telemarketing; and
(2) submit to Congress an explanation of each action taken
under paragraph (1) and any additional policy recommendations for
combating the offenses described in that paragraph.
(c) Requirements.--In carrying out this section, the Commission
shall--
(1) ensure that the guidelines and policy statements
promulgated or amended pursuant to subsection (b)(1) and any
recommendations submitted thereunder reflect the serious nature of
the offenses;
(2) provide an additional appropriate sentencing enhancement,
if the offense involved sophisticated means, including but not
limited to sophisticated concealment efforts, such as perpetrating
the offense from outside the United States;
(3) provide an additional appropriate sentencing enhancement
for cases in which a large number of vulnerable victims, including
but not limited to victims described in section 2326(2) of title
18, United States Code, are affected by a fraudulent scheme or
schemes;
(4) ensure that guidelines and policy statements promulgated or
amended pursuant to subsection (b)(1) are reasonably consistent
with other relevant statutory directives to the Commission and with
other guidelines;
(5) account for any aggravating or mitigating circumstances
that might justify upward or downward departures;
(6) ensure that the guidelines adequately meet the purposes of
sentencing as set forth in section 3553(a)(2) of title 18, United
States Code; and
(7) take any other action the Commission considers necessary to
carry out this section.
(d) Emergency Authority.--The Commission shall promulgate the
guidelines or amendments provided for under this subsection as soon as
practicable, and in any event not later than 120 days after the date of
the enactment of the Telemarketing Fraud Prevention Act of 1998, in
accordance with the procedures set forth in section 21(a) of the
Sentencing Reform Act of 1987, as though the authority under that
authority had not expired, except that the Commission shall submit to
Congress the emergency guidelines or amendments promulgated under this
section, and shall set an effective date for those guidelines or
amendments not earlier than 30 days after their submission to Congress.
SEC. 7. FALSE ADVERTISING OR MISUSE OF NAME TO INDICATE UNITED STATES
MARSHALS SERVICE.
Section 709 of title 18, United States Code, is amended by
inserting after the thirteenth undesignated paragraph the following:
``Whoever, except with the written permission of the Director of
the United States Marshals Service, knowingly uses the words `United
States Marshals Service', `U.S. Marshals Service', `United States
Marshal', `U.S. Marshal', `U.S.M.S.', or any colorable imitation of any
such words, or the likeness of a United States Marshals Service badge,
logo, or insignia on any item of apparel, in connection with any
advertisement, circular, book, pamphlet, software, or other
publication, or any play, motion picture, broadcast, telecast, or other
production, in a manner that is reasonably calculated to convey the
impression that the wearer of the item of apparel is acting pursuant to
the legal authority of the United States Marshals Service, or to convey
the impression that such advertisement, circular, book, pamphlet,
software, or other publication, or such play, motion picture,
broadcast, telecast, or other production, is approved, endorsed, or
authorized by the United States Marshals Service;''.
SEC. 8. DISCLOSURE OF CERTAIN RECORDS FOR INVESTIGATIONS OF
TELEMARKETING FRAUD.
Section 2703(c)(1)(B) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) submits a formal written request relevant to a law
enforcement investigation concerning telemarketing fraud for the
name, address, and place of business of a subscriber or customer of
such provider, which subscriber or customer is engaged in
telemarketing (as such term is defined in section 2325 of this
title).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Telemarketing Fraud Prevention Act of 1997 - Amends the Federal criminal code to require the court, in sentencing a defendant for specified offenses of fraud involving telemarketing, or conspiracies to commit such offenses, to order that the defendant forfeit to the United States any real or personal property: (1) used or intended to be used in the commission of such offense; and (2) constituting, derived from, or traceable to the gross proceeds of the offense.
(Sec. 3) Requires (current law permits) persons convicted of fraud in connection with telemarketing to be imprisoned for specified terms in addition to any term imposed for the fraud.
(Sec. 4) Makes telemarketing fraud enhanced penalty provisions applicable to conspiracies to commit such offenses.
(Sec. 5) Revises mandatory restitution provisions under the code to: (1) direct the court to order restitution to all victims of any offense of fraud for which an enhanced penalty is provided in connection with telemarketing; and (2) define "victim" to have the meaning given that term in code provisions regarding orders of restitution.
(Sec. 6) Directs the United States Sentencing Commission to: (1) promulgate Federal sentencing guidelines or amend existing guidelines and policy statements, if appropriate (in accordance with specified requirements), to provide for substantially increased penalties for persons convicted of offenses of fraud for which an enhanced penalty is provided in connection with telemarketing; and (2) submit to the Congress an explanation of each action taken and any additional policy recommendations for combating such offenses.
(Sec. 7) Prohibits use of the name "United States Marshals Service" or specified derivations thereof in a manner reasonably calculated to convey endorsement, approval, or authorization by the Service except with the written permission of the Director of the Service.
(Sec. 8) Directs a provider of an electronic communication or remote computing service to disclose records or information pertaining to a subscriber to or customer of such service to a governmental entity when such entity submits a formal written request, relevant to a law enforcement investigation concerning telemarketing fraud.
|
{"src": "billsum_train", "title": "Telemarketing Fraud Prevention Act of 1998"}
| 1,679 | 479 | 0.60764 | 2.141905 | 0.862722 | 3.35396 | 3.65099 | 0.858911 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Protection and
Restoration Act of 2006''.
SEC. 2. OFFSHORE OIL AND GAS LEASING IN 181 AREA OF GULF OF MEXICO.
(a) Definitions.--In this section:
(1) 181 area.--The term ``181 Area'' means the area
identified in map 15, page 58, of the Proposed Final Outer
Continental Shelf Oil and Gas Leasing Program for 1997-2002 of
the Minerals Management Service.
(2) Military mission line.--The term ``Military Mission
Line'' means the north-south line at 8641' W. longitude.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Minerals Management
Service.
(b) Lease Sale.--Except as otherwise provided in this section, the
Secretary shall offer the 181 Area for oil and gas leasing pursuant to
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) as soon
as practicable, but not later than 1 year, after the date of enactment
of this Act.
(c) Excluded Areas.--In carrying out subsection (b), the Secretary
shall not offer for oil and gas leasing--
(1) any area east of the Military Mission Line, unless the
Secretary of Defense agrees in writing before the area is
offered for lease that the area can be developed in a manner
that will not interfere with military activities; or
(2) any area that is within 100 miles of the coastline of
the State of Florida.
(d) Leasing Program.--The 181 Area shall be offered for lease under
this section notwithstanding the omission of the 181 Area from any
outer Continental Shelf leasing program under section 18 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1344).
(e) Disposition of Revenues.--
(1) Definitions.--In this subsection:
(A) Coastal political subdivision.--The term
``coastal political subdivision'' has the meaning given
the term in section 31(a) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1356a(a)).
(B) Producing state.--
(i) In general.--The term ``producing
State'' means a State that has a coastal
seaward boundary on the Gulf of Mexico and
within 200 nautical miles of the geographic
center of a leased tract within the 181 Area.
(ii) Exclusion.--The term ``producing
State'' does not include a producing State
described in section 31(a)(9)(B) of the Outer
Continental Shelf Lands Act (43 U.S.C.
1356a(a)(9)(B))).
(C) Qualified outer continental shelf revenues.--
The term ``qualified outer Continental Shelf revenues''
has the meaning given the term in section 31(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1356a(a)).
(2) Disbursement.--Of the qualified outer Continental Shelf
revenues that are generated from leases entered into in the 181
Area under this section, the Secretary shall, without further
appropriation, disburse to producing States and coastal
political subdivisions 50 percent of the qualified outer
Continental Shelf revenues that are generated from the 181 Area
during each fiscal year.
(3) Allocation.--
(A) In general.--The Secretary shall disburse and
allocate funds made available under this subsection to
producing States and coastal political subdivisions in
accordance with section 31(b) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1356a(b)).
(B) Relation to other disbursements.--Funds
disbursed under subparagraph (A) are in addition to
funds disbursed under paragraphs (1) and (3)(B) of
section 31(b) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356a(b)).
(4) Authorized uses.--
(A) In general.--A producing State or coastal
political subdivision shall use all amounts received
under this subsection in accordance with all applicable
Federal and State laws, only for 1 or more of the
following purposes:
(i) Any of the purposes described in
section 31(d)(1) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1356a(d)(1)).
(ii) Funding of onshore infrastructure
projects and public service needs.
(iii) Projects and activities for the
mitigation of hazards, the production of
energy, or conservation, including educational
or training programs or facilities.
(iv) Payment of the non-Federal share of
the cost of any project or activity authorized
to be carried out under section 31 of that Act.
(B) Coastal impact assistance plan.--If a producing
State or coastal political subdivision of a producing
State intends to use the amounts provided under this
subsection in a manner other than the manner specified
in the coastal impact assistance plan submitted by the
producing State under section 31(c) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356a(d)(1)(B)),
the Governor of the producing State shall submit to the
Secretary an amendment to the coastal impact assistance
plan.
(C) Limitation.--Subsections (b)(4)(D) and (d)(3)
of section 31 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356a) shall not apply to revenue generated
from a leased tract located in the 181 Area.
|
Gulf Coast Protection and Restoration Act of 2006 - Instructs the Secretary of the Interior to offer the 181 Area of the Gulf of Mexico for oil and gas leasing no later than one year after enactment of this Act.
Prohibits the Secretary from offering for oil and gas leasing: (1) any area east of the Military Mission Line, unless the Secretary of Defense agrees in writing before the area is offered for lease that it can be developed in a manner that will not interfere with military activities; or (2) any area that is within 100 miles of the coastline of Florida.
Requires the 181 Area to be offered for lease in spite of its omission from a specified leasing program under the Outer Continental Shelf Lands Act
Requires the Secretary, without further appropriation, to disburse to producing states and coastal political subdivisions, 50% of the qualified outer Continental Shelf revenues generated from leases from the 181 Area during each fiscal year.
Prescribes guidelines for allocation and authorized uses consistent with the coastal impact assistance program under the Outer Continental Shelf Lands Act.
|
{"src": "billsum_train", "title": "A bill to require the Secretary of the Interior to offer the 181 Area of the Gulf of Mexico for oil and gas leasing and provide a portion of the revenues from that leasing to producing States and coastal political subdivisions."}
| 1,270 | 232 | 0.705972 | 1.939389 | 0.858042 | 5.216749 | 5.083744 | 0.921182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Early-Stage
Investment Act of 2009''.
SEC. 2. SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM.
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:
``PART D--SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM
``SEC. 399A. ESTABLISHMENT OF PROGRAM.
``The Administrator shall establish and carry out an early-stage
investment program (hereinafter referred to in this part as the
`program') to provide equity investment financing to support early-
stage small businesses in targeted industries in accordance with this
part.
``SEC. 399B. ADMINISTRATION OF PROGRAM.
``The program shall be administered by the Administrator acting
through the Associate Administrator described under section 201.
``SEC. 399C. APPLICATIONS.
``(a) In General.--Any incorporated body, limited liability
company, or limited partnership organized and chartered or otherwise
existing under Federal or State law for the purpose of performing the
functions and conducting the activities contemplated under the program
and any small business investment company may submit to the
Administrator an application to participate in the program.
``(b) Requirements for Application.--An application to participate
in the program shall include the following:
``(1) A business plan describing how the applicant intends
to make successful venture capital investments in early-stage
small businesses in targeted industries.
``(2) Information regarding the relevant venture capital
investment qualifications and backgrounds of the individuals
responsible for the management of the applicant.
``(3) A description of the extent to which the applicant
meets the selection criteria under section 399D.
``(c) Applications From Small Business Investment Companies.--The
Administrator shall establish an abbreviated application process for
small business investment companies that have received a license under
section 301 and that are applying to participate in the program. Such
abbreviated process shall incorporate a presumption that such small
business investment companies satisfactorily meet the selection
criteria under paragraphs (3) and (5) of section 399D(b).
``SEC. 399D. SELECTION OF PARTICIPATING INVESTMENT COMPANIES.
``(a) In General.--Not later than 90 days after the date on which
the Administrator receives an application from an applicant under
section 399C, the Administrator shall make a final determination to
approve or disapprove such applicant to participate in the program and
shall transmit such determination to the applicant in writing.
``(b) Selection Criteria.--In making a determination under
subsection (a), the Administrator shall consider each of the following:
``(1) The likelihood that the applicant will meet the goals
specified in the business plan of the applicant.
``(2) The likelihood that the investments of the applicant
will create or preserve jobs, both directly and indirectly.
``(3) The character and fitness of the management of the
applicant.
``(4) The experience and background of the management of
the applicant.
``(5) The extent to which the applicant will concentrate
investment activities on early-stage small businesses in
targeted industries.
``(6) The likelihood that the applicant will achieve
profitability.
``(7) The experience of the management of the applicant
with respect to establishing a profitable investment track
record.
``SEC. 399E. GRANTS.
``(a) In General.--The Administrator may make one or more grants to
a participating investment company.
``(b) Grant Amounts.--
``(1) Non-federal capital.--A grant made to a participating
investment company under the program may not be in an amount
that exceeds the amount of the capital of such company that is
not from a Federal source and that is available for investment
on or before the date on which a grant is drawn upon. Such
capital may include legally binding commitments with respect to
capital for investment.
``(2) Limitation on aggregate amount.--The aggregate amount
of all grants made to a participating investment company under
the program may not exceed $100,000,000.
``(c) Grant Process.--In making a grant under the program, the
Administrator shall commit a grant amount to a participating investment
company and the amount of each such commitment shall remain available
to be drawn upon by such company--
``(1) for new-named investments during the 5-year period
beginning on the date on which each such commitment is first
drawn upon; and
``(2) for follow-on investments and management fees during
the 10-year period beginning on the date on which each such
commitment is first drawn upon, with not more than 2 additional
1-year periods available at the discretion of the
Administrator.
``SEC. 399F. INVESTMENTS IN EARLY-STAGE SMALL BUSINESSES IN TARGETED
INDUSTRIES.
``(a) In General.--As a condition of receiving a grant under the
program, a participating investment company shall make all of the
investments of such company in small business concerns, of which at
least 50 percent shall be early-stage small businesses in targeted
industries.
``(b) Evaluation of Compliance.--With respect to a grant amount
committed to a participating investment company under section 399E, the
Administrator shall evaluate the compliance of such company with the
requirements under this section if such company has drawn upon 50
percent of such commitment.
``SEC. 399G. PRO RATA INVESTMENT SHARES.
``Each investment made by a participating investment company under
the program shall be treated as comprised of capital from grants under
the program according to the ratio that capital from grants under the
program bears to all capital available to such company for investment.
``SEC. 399H. GRANT INTEREST.
``(a) Grant Interest.--
``(1) In general.--As a condition of receiving a grant
under the program, a participating investment company shall
convey a grant interest to the Administrator in accordance with
paragraph (2).
``(2) Effect of conveyance.--The grant interest conveyed
under paragraph (1) shall have all the rights and attributes of
other investors attributable to their interests in the
participating investment company, but shall not denote control
or voting rights to the Administrator. The grant interest shall
entitle the Administrator to a pro rata portion of any
distributions made by the participating investment company
equal to the percentage of capital in the participating
investment company that the grant comprises. The Administrator
shall receive distributions from the participating investment
company at the same times and in the same amounts as any other
investor in the company with a similar interest. The investment
company shall make allocations of income, gain, loss,
deduction, and credit to the Administrator with respect to the
grant interest as if the Administrator were an investor.
``(b) Manager Profits.--As a condition of receiving a grant under
the program, the manager profits interest payable to the managers of a
participating investment company under the program shall not exceed 20
percent of profits, exclusive of any profits that may accrue as a
result of the capital contributions of any such managers with respect
to such company. Any excess of this amount, less taxes payable thereon,
shall be returned by the managers and paid to the investors and the
Administrator in proportion to the capital contributions and grants
paid in. No manager profits interest (other than a tax distribution)
shall be paid prior to the repayment to the investors and the
Administrator of all contributed capital and grants made.
``(c) Distribution Requirements.--As a condition of receiving a
grant under the program, a participating investment company shall make
all distributions to all investors in cash and shall make distributions
within a reasonable time after exiting investments, including following
a public offering or market sale of underlying investments.
``SEC. 399I. FUND.
``There is hereby created within the Treasury a separate fund for
grants which shall be available to the Administrator subject to annual
appropriations as a revolving fund to be used for the purposes of the
program. All amounts received by the Administrator, including any
moneys, property, or assets derived by the Administrator from
operations in connection with the program, shall be deposited in the
fund. All expenses and payments, excluding administrative expenses,
pursuant to the operations of the Administrator under the program shall
be paid from the fund.
``SEC. 399J. APPLICATION OF OTHER SECTIONS.
``To the extent not inconsistent with requirements under this part,
the Administrator may apply sections 309, 311, 312, 313, and 314 to
activities under this part and an officer, director, employee, agent,
or other participant in a participating investment company shall be
subject to the requirements under such sections.
``SEC. 399K. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Early-stage small business in a targeted industry.--
The term `early-stage small business in a targeted industry'
means a small business concern that--
``(A) is domiciled in a State;
``(B) has not generated gross annual sales revenues
exceeding $15,000,000 in any of the previous 3 years;
and
``(C) is engaged primarily in researching,
developing, manufacturing, producing, or bringing to
market goods, products, or services with respect to any
of the following business sectors:
``(i) Agricultural technology.
``(ii) Energy technology.
``(iii) Environmental technology.
``(iv) Life science.
``(v) Information technology.
``(vi) Digital media.
``(vii) Clean technology.
``(viii) Defense technology.
``(ix) Photonics technology.
``(2) Participating investment company.--The term
`participating investment company' means an applicant approved
under section 399D to participate in the program.
``(3) Small business concern.--The term `small business
concern' has the same meaning given such term under section
3(a) of the Small Business Act (15 U.S.C. 632(a)).
``SEC. 399L. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out the program
$200,000,000 for the first full fiscal year beginning after the date of
the enactment of this part.''.
SEC. 3. PROHIBITIONS ON EARMARKS.
None of the funds appropriated for the program established under
part D of title III of the Small Business Investment Act of 1958, as
added by this Act, may be used for a Congressional earmark as defined
in clause 9(d) of rule XXI of the Rules of the House of
Representatives.
SEC. 4. REGULATIONS.
Except as otherwise provided in this Act or in amendments made by
this Act, after an opportunity for notice and comment, but not later
than 180 days after the date of the enactment of this Act, the
Administrator shall issue
regulations to carry out this Act and the amendments made by this Act.
Passed the House of Representatives November 18, 2009.
Attest:
LORRAINE C. MILLER,
Clerk.
|
Small Business Early-Stage Investment Act of 2009 - Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA) to establish and carry out a program to provide equity investment financing to support early-stage small businesses in the following targeted industries: (1) agricultural technology; (2) energy technology; (3) environmental technology; (4) life science; (5) information technology; (6) digital media; (7) clean technology; (8) defense technology; and (9) photonics technology. Directs the Administrator to make grants to participating investment companies under the program and limits to $100 million the aggregate amount of all grants made to a participating investment company under the program. Requires, as a condition of receiving a grant under the program, all of the investments of participating investment companies to be in small businesses, and at least 50% to be in early-stage small businesses in the targeted industries. Directs the Administrator to monitory participant compliance with such requirements. Establishes a separate Treasury fund for such grants.
Authorizes appropriations.
Prohibits funds appropriated for such purpose from being used for a congressional earmark.
|
{"src": "billsum_train", "title": "To amend the Small Business Investment Act of 1958 to establish a program for the Small Business Administration to provide financing to support early-stage small businesses in targeted industries, and for other purposes."}
| 2,491 | 245 | 0.618006 | 1.788305 | 0.702505 | 3.311404 | 10.052632 | 0.925439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Opposition to Hate,
Assault, and Threats to Equality Act of 2017'' or ``NO HATE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability of the
victim, known as hate crimes or crimes motivated by bias, poses
a serious national problem.
(2) Such violence disrupts the tranquility and safety of
communities and is deeply divisive.
(3) A prominent characteristic of a violent crime motivated
by bias is that it not only devastates the actual victim and
the family and friends of the victim, but also frequently
ravages the community sharing the traits that caused the victim
to be selected.
(4) According to data obtained by the Federal Bureau of
Investigation, the incidence of such violence increased in
2015, the most recent year for which data is available, in
comparison to prior years.
(5) The Hate Crimes Statistics Act (Public Law 101-275; 28
U.S.C. 534 note) and the Matthew Shepard and James Byrd, Jr.
Hate Crimes Prevention Act (division E of Public Law 111-84;
123 Stat. 2835) have enabled Federal authorities to understand
and, where appropriate, investigate and prosecute hate crimes.
(6) However, a complete understanding of the national
problem posed by hate crimes is hindered by incomplete data
from Federal, State, and local jurisdictions obtained through
the Uniform Crime Reports program authorized under section 534
of title 28, United States Code, and administered by the
Federal Bureau of Investigation.
(7) Increased implementation of the National Incident-Based
Reporting System will enable the Federal Bureau of
Investigation to obtain more detailed and accurate information
on many crimes, including violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability of the
victim.
(8) State-run hotlines that direct victims or witnesses of
hate crimes to law enforcement or local support services will
allow State and local law enforcement agencies, as well as
local community-based service providers, to understand hate
crimes more fully and to act accordingly.
(9) A Federal private right of action provides an
additional option of recourse for individuals who are targeted
for violence based on actual or perceived race, color,
religion, national origin, gender, sexual orientation, gender
identity, or disability.
(10) Many perpetrators of crimes motivated by bias may
benefit from educational programming or volunteer service
conducted in conjunction with, under the guidance of, or with
the input of the community targeted by the hate crime.
(11) Federal financial assistance with regard to certain
violent crimes motivated by bias enables Federal, State, and
local authorities to work together as partners in the
investigation and prosecution of such crimes.
(12) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal financial assistance to States and local
jurisdictions.
SEC. 3. REPORTING OF HATE CRIMES.
(a) Definitions.--In this section--
(1) the term ``hate crime'' means a criminal offense
against a person or property motivated in whole or in part by
an offender's bias against a race, color, religion, national
origin, gender, sexual orientation, gender identity, or
disability; and
(2) the term ``Uniform Crime Reports'' means the reports
authorized under section 534 of title 28, United States Code,
and administered by the Federal Bureau of Investigation that
compile nationwide criminal statistics for use--
(A) in law enforcement administration, operation,
and management; and
(B) to assess the nature and type of crime in the
United States.
(b) Implementation Grants.--
(1) In general.--The Attorney General may make grants to
States and units of local government to assist the State or
unit of local government in implementing the National Incident-
Based Reporting System, including to train employees in
identifying and classifying hate crimes in the National
Incident-Based Reporting System.
(2) Priority.--In making grants under paragraph (1), the
Attorney General shall give priority to States and units of
local government with larger populations.
(c) Reporting.--
(1) Compliance.--
(A) In general.--Except as provided in subparagraph
(B), in each fiscal year beginning after the date that
is 3 years after the date on which a State or unit of
local government first receives a grant under
subsection (b), the State or unit of local government
shall provide to the Attorney General, through the
Uniform Crime Reporting system, information pertaining
to hate crimes committed in that jurisdiction during
the preceding fiscal year.
(B) Extensions; waiver.--The Attorney General--
(i) may provide a 120-day extension to a
State or unit of local government that is
making good faith efforts to comply with
subparagraph (A); and
(ii) shall waive the requirements of
subparagraph (A) if compliance with that
subparagraph by a State or unit of local
government would be unconstitutional under the
constitution of the State or of the State in
which the unit of local government is located,
respectively.
(2) Failure to comply.--If a State or unit of local
government that receives a grant under subsection (b) fails to
substantially comply with paragraph (1) of this subsection, the
State or unit of local government shall repay the grant in
full, plus reasonable interest and penalty charges allowable by
law or established by the Attorney General.
SEC. 4. GRANTS FOR STATE-RUN HATE CRIME HOTLINES.
(a) Definition.--In this section, the term ``hate crime'' means a
criminal offense against a person or property motivated in whole or in
part by an offender's bias against a race, color, religion, national
origin, gender, sexual orientation, gender identity, or disability.
(b) Grants Authorized.--
(1) In general.--The Attorney General shall make grants to
States to create State-run hate crime reporting hotlines.
(2) Grant period.--A grant made under paragraph (1) shall
be for a period of not more than 5 years.
(c) Hotline Requirements.--A State shall ensure, with respect to a
hotline funded by a grant under subsection (b), that--
(1) the hotline directs individuals to--
(A) law enforcement if appropriate; and
(B) local support services;
(2) any personally identifiable information that an
individual provides to an agency of the State through the
hotline is not directly or indirectly disclosed, without the
consent of the individual, to--
(A) any other agency of that State;
(B) any other State;
(C) the Federal Government; or
(D) any other person or entity;
(3) the staff members who operate the hotline are trained
to be knowledgeable about--
(A) applicable Federal, State, and local hate crime
laws; and
(B) local law enforcement resources and applicable
local support services; and
(4) the hotline is accessible to--
(A) individuals with limited English proficiency,
where appropriate; and
(B) individuals with disabilities.
(d) Best Practices.--The Attorney General shall issue guidance to
States on best practices for implementing the requirements of
subsection (c).
SEC. 5. PRIVATE RIGHT OF ACTION FOR CRIMES MOTIVATED BY ACTUAL OR
PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN.
(a) Definitions.--In this section--
(1) the term ``crime'' means an act or series of acts that
would constitute a criminal offense under Federal or State law,
whether or not the act or acts--
(A) have actually resulted in criminal charges,
prosecution, or conviction; or
(B) were committed in the special maritime and
territorial jurisdiction of the United States or in a
Federal prison; and
(2) the term ``crime motivated by actual or perceived race,
color, religion, or national origin'' means a crime committed
because of actual or perceived race, color, religion, or
national origin.
(b) Purpose.--Pursuant to the affirmative power of Congress to
enact this section under section 2 of the Thirteenth Amendment to the
Constitution of the United States, as well as under section 8 of
Article I of the Constitution, the purpose of this section is to
protect the civil rights of victims of crimes motivated by actual or
perceived race, color, religion, or national origin and to promote
public safety, health, and activities affecting interstate commerce by
establishing a Federal civil rights cause of action for victims of
crime motivated by actual or perceived race, color, religion, or
national origin.
(c) Right To Be Free From Certain Crimes.--All persons within the
United States shall have the right to be free from crimes motivated by
actual or perceived race, color, religion, or national origin.
(d) Cause of Action.--A person (including a person who acts under
color of any statute, ordinance, regulation, custom, or usage of any
State) who commits a crime motivated by actual or perceived race,
color, religion, or national origin, and thus deprives another of the
right declared in subsection (c), shall be liable to the party injured,
in an action for the recovery of compensatory and punitive damages,
injunctive and declaratory relief, and such other relief as a court may
deem appropriate.
(e) Damages.--In any civil action brought under this section in
which the plaintiff prevails, the court--
(1) shall award treble compensatory damages and a
reasonable attorney's fee; and
(2) may, in its discretion, award equitable relief.
(f) Limitations.--
(1) Period of limitations.--An action under this section
may not be commenced later than 3 years after the date of the
act complained of.
(2) Rule of construction.--Nothing in this section shall be
construed to authorize a cause of action under subsection (d)
for--
(A) a random act unrelated to actual or perceived
race, color, religion, or national origin; or
(B) an act that cannot be demonstrated, by a
preponderance of the evidence, to be a crime motivated
by actual or perceived race, color, religion, or
national origin.
(g) Concurrent Jurisdiction.--The district courts of the United
States shall have original jurisdiction, concurrent with State courts,
of an action under this section.
(h) No Prior Criminal Action.--Nothing in this section shall be
construed to require a prior criminal complaint, prosecution, or
conviction to establish the elements of a cause of action under
subsection (d).
SEC. 6. PRIVATE RIGHT OF ACTION FOR CRIMES MOTIVATED BY ACTUAL OR
PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL
ORIENTATION, GENDER IDENTITY, OR DISABILITY.
(a) Definitions.--In this section--
(1) the term ``crime'' means an act or series of acts that
would constitute a criminal offense under Federal or State law,
whether or not the act or acts have actually resulted in
criminal charges, prosecution, or conviction; and
(2) the term ``crime motivated by actual or perceived
religion, national origin, gender, sexual orientation, gender
identity, or disability'' means a crime committed because of
actual or perceived religion, national origin, gender, sexual
orientation, gender identity, or disability.
(b) Purpose.--Pursuant to the affirmative power of Congress to
enact this section under clause 3 of section 8 of Article I of the
Constitution of the United States (commonly known as the ``Commerce
Clause''), the purpose of this section is to protect the civil rights
of victims of crimes motivated by actual or perceived religion,
national origin, gender, sexual orientation, gender identity, or
disability and to promote public safety, health, and activities
affecting interstate commerce by establishing a Federal civil rights
cause of action for victims of crime motivated by actual or perceived
religion, national origin, gender, sexual orientation, gender identity,
or disability.
(c) Right To Be Free From Certain Crimes.--All persons within the
United States shall have the right to be free from crimes motivated by
actual or perceived religion, national origin, gender, sexual
orientation, gender identity, or disability.
(d) Cause of Action.--
(1) In general.--A person (including a person who acts
under color of any statute, ordinance, regulation, custom, or
usage of any State), in any circumstance described in paragraph
(2) or within the special maritime and territorial jurisdiction
of the United States or a Federal prison, who commits a crime
motivated by actual or perceived religion, national origin,
gender, sexual orientation, gender identity, or disability, and
thus deprives another of the right declared in subsection (c),
shall be liable to the party injured, in an action for the
recovery of compensatory and punitive damages, injunctive and
declaratory relief, and such other relief as a court may deem
appropriate.
(2) Circumstances described.--For purposes of paragraph
(1), the circumstances described in this paragraph are that--
(A) the conduct described in paragraph (1) occurs
during the course of, or as the result of, the travel
of the defendant or the victim--
(i) across a State line or national border;
or
(ii) using a channel, facility, or
instrumentality of interstate or foreign
commerce;
(B) the defendant uses a channel, facility, or
instrumentality of interstate or foreign commerce in
connection with the conduct described in paragraph (1);
(C) in connection with the conduct described in
paragraph (1), the defendant employs a firearm,
dangerous weapon, explosive or incendiary device, or
other weapon that has traveled in interstate or foreign
commerce;
(D) the conduct described in paragraph (1)--
(i) interferes with commercial or other
economic activity in which the victim is
engaged at the time of the conduct; or
(ii) otherwise affects interstate or
foreign commerce.
(e) Damages.--In any civil action brought under this section in
which the plaintiff prevails, the court--
(1) shall award treble compensatory damages and a
reasonable attorney's fee; and
(2) may, in its discretion, award equitable relief.
(f) Limitations.--
(1) Period of limitation.--An action under this section may
not be commenced later than 3 years after the date of the act
complained of.
(2) Rule of construction.--Nothing in this section shall be
construed to authorize a cause of action under subsection (d)
for--
(A) a random act unrelated to actual or perceived
religion, national origin, gender, sexual orientation,
gender identity, or disability; or
(B) an act that cannot be demonstrated, by a
preponderance of the evidence, to be a crime motivated
by actual or perceived religion, national origin,
gender, sexual orientation, gender identity, or
disability.
(g) Concurrent Jurisdiction.--The district courts of the United
States shall have original jurisdiction, concurrent with State courts,
of an action under this section.
(h) No Prior Criminal Action.--Nothing in this section shall be
construed to require a prior criminal complaint, prosecution, or
conviction to establish the elements of a cause of action under
subsection (d).
SEC. 7. ADDITIONAL CRIMINAL PENALTIES.
Section 249 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Supervised Release.--If a court includes, as a part of a
sentence of imprisonment imposed for a violation of subsection (a), a
requirement that the defendant be placed on a term of supervised
release after imprisonment under section 3583, the court may order, as
an explicit condition of supervised release, that the defendant
undertake educational classes or community service directly related to
the community harmed by the defendant's offense.''.
|
National Opposition to Hate, Assault, and Threats to Equality Act of 2017 or the NO HATE Act This bill authorizes the Department of Justice (DOJ) to issue grants to states and local governments to assist in implementing the National Incident-Based Reporting System, including training employees in identifying hate crimes. A state or local government receiving such funding must provide DOJ, through the Uniform Crime Reporting system, information pertaining to hate crimes committed in that jurisdiction. A state or local government failing to provide the required data must repay the grants. The bill directs DOJ to issue grants to states to create hate crime reporting hotlines. The bill creates a cause of action for: (1) a victim of a crime motivated by actual or perceived race, color, religion, or national origin; and (2) a victim of a crime motivated by actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability, occurring in the special maritime or territorial jurisdiction of the United States or affecting interstate commerce. Under both civil actions, the victims must demonstrate by a preponderance of the evidence that the crime was based on one of the classifications listed. A criminal prosecution need not be brought before a civil action can be filed. A court imposing a penalty for a violation of the federal hate crime statute may order the defendant to participate in education classes or community service related to the community harmed by the defendant's offense as part of his or her supervised release.
|
{"src": "billsum_train", "title": "National Opposition to Hate, Assault, and Threats to Equality Act of 2017"}
| 3,531 | 323 | 0.593191 | 1.979848 | 0.797399 | 3.890845 | 11.764085 | 0.876761 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Compensation Clawback Full
Enforcement Act''.
SEC. 2. NO AVOIDANCE OF PERSONAL LIABILITY.
(a) In General.--An officer, director, employee, or other
institution-affiliated party of a depository institution, depository
institution holding company, or nonbank financial company who is
required by a Federal financial regulatory law that provides for
personal liability, or any rule or order promulgated by a Federal
financial regulatory agency thereunder, to repay previously earned
compensation or pay a civil money penalty--
(1) shall be personally liable for the amounts so owed; and
(2) may not, directly or indirectly, insure or hedge
against, or otherwise transfer the risks associated with,
personal liability for the amounts so owed.
(b) Rule of Construction.--Subsection (a) shall not preclude a
person from--
(1) being provided funds necessary to defend against a
previously earned compensation recovery or civil money penalty
described under subsection (a)--
(A) from the relevant depository institution,
depository institution holding company, or nonbank
financial company;
(B) under an insurance policy; or
(C) pursuant to court order; or
(2) obtaining insurance that protects such person from
being held personally liable for--
(A) penalties, judgments, or other amounts assessed
against a depository institution, depository
institution holding company, or nonbank financial
company at the company level; or
(B) unintentional outcomes associated with the
ordinary exercise of trade or business judgment, unless
the effects of such judgment result in personal
liability under a Federal financial regulatory law that
provides for personal liability.
(c) Application to Foreign Nonbank Financial Companies.--Subsection
(a) shall only apply to an officer, director, employee, or other
institution-affiliated party of a foreign nonbank financial company to
the extent that such officer, director, employee, or other institution-
affiliated party is based in the United States.
(d) Definitions.--For purposes of this Act:
(1) Compensation.--The term ``compensation'' means anything
of value, regardless of the form in which provided, that is
given by a depository institution, depository institution
holding company, or nonbank financial company to an officer,
director, employee, or other institution-affiliated party in
return for that individual's service to such entity.
(2) Depository institution.--The term ``depository
institution'' has the meaning given such term under section 3
of the Federal Deposit Insurance Act (12 U.S.C. 1813).
(3) Depository institution holding company.--The term
``depository institution holding company'' means--
(A) a bank holding company, as defined under
section 102 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5311); and
(B) a savings and loan holding company, as defined
under section 10 of the Home Owners' Loan Act (12
U.S.C. 1467a).
(4) Federal financial regulatory agency.--The term
``Federal financial regulatory agency'' means--
(A) the Board of Governors of the Federal Reserve
System;
(B) the Bureau of Consumer Financial Protection;
(C) the Commodity Futures Trading Commission;
(D) the Federal Deposit Insurance Corporation;
(E) the Federal Housing Finance Agency;
(F) the Federal Trade Commission, to the extent the
Commission exercises authority over a depository
institution, depository institution holding company, or
nonbank financial company;
(G) the Office of the Comptroller of the Currency;
and
(H) the Securities and Exchange Commission.
(5) Federal financial regulatory law.--The term ``Federal
financial regulatory law'' means--
(A) the Bank Holding Company Act of 1956;
(B) the Commodity Exchange Act;
(C) the Dodd-Frank Wall Street Reform and Consumer
Protection Act;
(D) section 111 of the Emergency Economic
Stabilization Act of 2008;
(E) the Federal Deposit Insurance Act;
(F) the Federal Home Loan Bank Act;
(G) the Federal Home Loan Mortgage Corporation Act;
(H) the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992;
(I) the Federal National Mortgage Association
Charter Act;
(J) the Federal Trade Commission Act, to the extent
such Act applies to depository institutions, depository
institution holding companies, or nonbank financial
companies;
(K) the Gramm-Leach-Bliley Act;
(L) the Home Owners' Loan Act;
(M) the Housing and Economic Recovery Act of 2008;
(N) the International Banking Act of 1978;
(O) the International Lending Supervision Act of
1983;
(P) title LXII of the Revised Statutes of the
United States; and
(Q) the securities laws (as defined under section
3(a) of the Securities Exchange Act of 1934), to the
extent such laws apply to depository institutions,
depository institution holding companies, or nonbank
financial companies.
(6) Federal financial regulatory law that provides for
personal liability.--The term ``Federal financial regulatory
law that provides for personal liability'' means any provision
of a Federal financial regulatory law that--
(A) directly requires recovery of compensation
previously paid to, or directly requires assessment of
a civil money penalty against, a director, officer,
employee, or other institution-affiliated party of a
depository institution, depository institution holding
company, or nonbank financial company; or
(B) authorizes a Federal financial regulatory
agency to require, by rule or order, recovery of
compensation previously paid to, or assess a civil
money penalty against, a director, officer, employee,
or other institution-affiliated party of a depository
institution, depository institution holding company, or
nonbank financial company.
(7) Institution-affiliated party.--The term ``institution-
affiliated party''--
(A) has the meaning given such term under
subsection (u) of section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
(B) shall apply with respect to a depository
institution, depository institution holding company,
and nonbank financial company to the same extent as
such subsection applies to an insured depository
institution.
(8) Nonbank financial company.--The term ``nonbank
financial company'' means--
(A) a nonbank financial company, as defined under
section 102 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5311);
(B) the Federal National Mortgage Association;
(C) the Federal Home Loan Mortgage Corporation; and
(D) the Federal Home Loan Banks.
|
Executive Compensation Clawback Full Enforcement Act - Prohibits personnel or affiliated parties of depository institutions, depository institution holding companies, or nonbank financial companies who are required by federal financial regulatory law that imposes personal liability from insuring or hedging against, or otherwise transferring the risks associated with, personal liability for amounts owed as repayment of previously earned compensation or civil penalties.
States that such persons are not precluded from being provided funds from: (1) specified entities to defend against previously earned compensation recovery or civil money penalty, or (2) certain insurance that protects against personal liability.
Applies this Act to the personnel or affiliated party of a foreign nonbank financial company only to the extent such party is based in the United States.
|
{"src": "billsum_train", "title": "To prohibit individuals from insuring against possible losses from having to repay illegally-received compensation or from having to pay civil penalties, and for other purposes."}
| 1,484 | 156 | 0.65795 | 1.864131 | 0.928779 | 3.478261 | 9.884058 | 0.884058 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Cookstoves and Fuels Support
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Nearly one-half of the world's population cooks their
food over open fires or inefficient, polluting, and unsafe
cookstoves using wood, agricultural waste, dung, coal, or other
solid fuels. Smoke from the use of these traditional cookstoves
and open fires is associated with a number of chronic and acute
diseases and injuries, including respiratory illnesses such as
pneumonia, heart disease, and cancer, with women and young
children affected disproportionately.
(2) The Global Burden of Disease Study 2010 (referred to in
this paragraph as the ``Study'') doubled the mortality
estimates for exposure to smoke from cookstoves, referred to as
``household air pollution'', from 2,000,000 to 4,000,000 deaths
annually, which the Study indicates is more than the deaths
from malaria, tuberculosis, and HIV/AIDS combined. The Study
attributes 3,500,000 deaths to cookstoves smoke exposures
indoors and 500,000 deaths to the contribution of cookstoves to
outdoor air pollution. Millions more are sickened from the
toxic smoke and thousands suffer burns annually from open fires
or unsafe cookstoves and fuels. More recently, the World Health
Organization found that this type of household air pollution
claimed 4,300,000 lives in 2012. The Study ranks household air
pollution as the fourth worst overall health risk factor in the
world and as the second worst health risk factor in the world
for women and girls. Cookstove smoke exposures are particularly
prominent in developing regions of Asia and Africa.
(3) The amount of biomass cooking fuel required each year
can reach up to 2 tons per family. Where demand for local
biomass outstrips the natural regrowth of resources, local
environmental degradation and loss of biodiversity often
result.
(4) Tremendous amounts of time, a burden shouldered
disproportionately by women and children, is spent collecting
and managing cooking fuel resources. As nearby fuel supplies
dwindle, women are forced to go farther to find fuel to cook
their families' meals. In some areas, such as conflict zones or
refugee camps, women and girls risk rape and gender-based
violence during the up to 20 hours per week they spend away
from their communities gathering firewood.
(5) Recent studies show that black carbon created from
traditional cookstoves significantly contributes to regional
air pollution and climate change. Black carbon emissions from
residential cookstoves in developing countries account for an
estimated 21 percent of the total global inventory, and
mitigation in this sector represents a large potential public
health and environmental benefit.
(6) The Global Alliance for Clean Cookstoves is an
innovative public-private partnership hosted by the United
Nations Foundation that was created to enable the adoption of
clean and efficient stoves in 100,000,000 homes by 2020. The
Alliance works with public, private, and non-profit partners to
overcome market barriers that currently impede the production,
deployment, and use of clean cookstoves and fuels in the
developing world.
(7) The United States Government has invested more than
$114,000,000 to the sector, including approximately $76,000,000
in research, $31,000,000 in field implementation activities,
and $7,000,000 in financing, through the first 5 years of the
Alliance to help spur the adoption of clean cookstoves and
fuels in 100,000,000 households by 2020. For the second 5 years
of the Alliance, beginning with fiscal year 2016, the United
States Government anticipates support of up to $175,000,000 to
the sector as follows:
(A) $125,000,000 from the United States Agency for
International Development.
(B) $30,000,000 from the Department of Health and
Human Services through the National Institutes of
Health.
(C) $5,000,000 from the Department of Health and
Human Services through the Centers for Disease Control
and Prevention.
(D) $15,000,000 from the Environmental Protection
Agency.
(E) The Overseas Private Investment Corporation has
renewed its commitment of up to $50,000,000 in debt
financing or insurance that meet their credit and
lending standards to support projects that provide
clean, consistent, and affordable access to energy and
energy savings through the manufacture, sale, and
purchase of cookstoves.
(8) This commitment targets a wide range of work, including
expanded research on cookstoves performance, marketing, and
adoption; expanded research on the health, climate and air
quality benefits of clean cookstoves; and expanded field
efforts in Kenya, Haiti, Bangladesh, and Nigeria.
(9) Additional Federal support may be provided to the clean
cooking sector, including by the Department of Energy, the
Department of Agriculture, the National Oceanic and Atmospheric
Administration, the National Science Foundation, and the Peace
Corps.
(10) The Millennium Challenge Corporation, in 2010, prior
to the launch of the Alliance, committed the largest stoves-
related investment to date in Mongolia. The $45,300,000
commitment focused on economic growth from energy efficiency
and improved air quality.
SEC. 3. ADVANCEMENT OF GLOBAL ALLIANCE FOR CLEAN COOKSTOVES GOAL.
The Secretary of State, in consultation with the Administrator of
the Environmental Protection Agency, the Secretary of Energy, the
Secretary of Health and Human Services, the Administrator of the United
States Agency for International Development, the Director of the
National Science Foundation, the President of the Overseas Private
Investment Corporation, and the heads of other relevant Federal
agencies, and in coordination with relevant international
nongovernmental organizations and private and governmental entities,
shall work to advance the goals and work of the Global Alliance for
Clean Cookstoves, including through--
(1) applied research and development to improve design,
lower costs, promote technology adoption, conduct health
research and evaluation, and develop global industry standards
and testing protocols for cookstoves and fuels in order to help
ensure minimum standards for efficiency and cleanliness are
met;
(2) diplomatic engagement to encourage a commercial market
for clean cookstoves and fuels, reduce trade barriers, promote
consumer awareness, improve access to large-scale carbon
financing, and foster women-owned businesses along the entire
business value chain;
(3) international development projects to help build
commercial businesses to manufacture, market, distribute, sell,
and service clean cookstoves and fuels;
(4) development efforts related to refugee camps, disaster
relief, and long-term humanitarian and empowerment programs
aimed at assisting women and girls; and
(5) financing or insurance to support projects that provide
access to clean, affordable energy and energy savings through
the manufacture, sale, and purchase of clean cookstoves and
fuels.
SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Department of State and United States Agency for International
Development.--From funds available to the Department of State and the
United States Agency for International Development, there are
authorized to be appropriated such sums as may be necessary for fiscal
years 2016 through 2020 to work with the Global Alliance for Clean
Cookstoves and foreign governments, including--
(1) to engage in a wide range of diplomatic activities,
including with countries across the globe and with United
States embassies abroad, to support Alliance activities and the
clean cookstoves and fuels sector, and to continue the clean
cooking initiative under the Climate and Clean Air Coalition to
reduce emissions of short-lived climate pollutants;
(2) to advance programs that support the adoption of
affordable cookstoves that require less fuel to meet household
energy needs and release fewer pollutants, as a means to
improve health, reduce environmental degradation, mitigate
climate change, foster economic growth, and empower women; and
(3) to carry out other activities under this Act.
(b) Department of Energy.--From funds available to the Department
of Energy, there are authorized to be appropriated to the Secretary of
Energy such sums as may be necessary for fiscal years 2016 through 2020
to work with the Global Alliance for Clean Cookstoves, including--
(1) to conduct research to spur development of low-cost,
low-emission, high-efficiency cookstoves through research in
areas such as combustion, heat transfer, and materials
development;
(2) to conduct research to spur development of low-
emission, high-efficiency biomass fuels;
(3) to support innovative small businesses in the United
States that are developing advanced cookstoves and improved
cookstove assessment devices; and
(4) to carry out other activities under this Act.
(c) National Institutes of Health.--From funds available to the
National Institutes of Health, there are authorized to be appropriated
to the Secretary of Health and Human Services such sums as may be
necessary for fiscal years 2016 through 2020 for the National
Institutes of Health to work with the Global Alliance for Clean
Cookstoves, including--
(1) to support health research and training to improve the
health and lives of those at risk from household burning of
solid fuels, including--
(A) dedicated resources for research on household
air pollution to ensure adoption of life-saving
interventions and policy formulation; and
(B) regional network research and training hubs in
global environmental health and occupational health
with a household air pollution focus; and
(2) to carry out other activities under this Act.
(d) Centers for Disease Control and Prevention.--From funds
available to the Centers for Disease Control and Prevention, there are
authorized to be appropriated to the Secretary of Health and Human
Services such sums as may be necessary for fiscal years 2016 through
2020 for the Centers for Disease Control and Prevention to work with
the Global Alliance for Clean Cookstoves, including--
(1) to evaluate cookstove and fuel programs to better
understand their public health benefits and key determinants of
adoption;
(2) to promote a better understanding of the relationship
between human exposures and health outcomes from the use of
traditional cookstoves and open fires; and
(3) to carry out other activities under this Act.
(e) Environmental Protection Agency.--From funds available to the
Environmental Protection Agency, there are authorized to be
appropriated to the Administrator of the Environmental Protection
Agency such sums as may be necessary for fiscal years 2016 through 2020
for the Environmental Protection Agency to work with the Global
Alliance for Clean Cookstoves, including--
(1) to conduct cookstove and fuel testing and evaluation in
the lab and field, including evaluation of fuel efficiency and
air pollutant emissions that affect human health and the
environment, and to develop international standards regarding
fuel use, emissions, and safety of cookstoves and fuels;
(2) to conduct climate, health, and air quality research,
including with United States institutions of higher education,
on the air quality and climatic benefits of interventions for
cookstoves and residential burning, and to continue the
cookstoves initiative under the Climate and Clean Air Coalition
to reduce emissions of short-lived climate pollutants; and
(3) to carry out other activities under this Act.
(f) National Science Foundation.--From funds available to the
National Science Foundation, there are authorized to be appropriated to
the Director of the National Science Foundation such sums as may be
necessary for fiscal years 2016 through 2020 for the National Science
Foundation to work with the Global Alliance for Clean Cookstoves,
including--
(1) to support research related to the climate, air
quality, and health benefits of the adoption of clean
cookstoves and fuels; and
(2) to carry out other activities under this Act.
(g) Department of Agriculture.--From funds available to the
Department of Agriculture, there are authorized to be appropriated to
the Secretary of Agriculture such sums as may be necessary for fiscal
years 2016 through 2020 for the Department of Agriculture to work with
the Global Alliance for Clean Cookstoves, including--
(1) to provide technical expertise on policy questions
facing the cookstoves sector and to help align the Alliance
with ongoing international efforts that promote the sustainable
production and use of clean burning biomass cooking fuels, to
optimize natural resource conservation and agricultural
productivity; and
(2) to carry out other activities under this Act.
(h) National Oceanic and Atmospheric Administration.--From funds
available to the National Oceanic and Atmospheric Administration
(referred to in this subsection as ``NOAA''), there are authorized to
be appropriated to the Administrator of NOAA such sums as may be
necessary for fiscal years 2016 through 2020 for NOAA to work with the
Global Alliance for Clean Cookstoves, including--
(1) to partner with scientists in other countries to
monitor global black carbon emissions and assess climate
impacts and benefits of switching to clean cookstoves; and
(2) to carry out other activities under this Act.
(i) Peace Corps.--From funds available to the Peace Corps, there
are authorized to be appropriated to the Director of the Peace Corps
such sums as may be necessary for fiscal years 2016 through 2020 for
the Peace Corps to work with the Global Alliance for Clean Cookstoves,
including--
(1) to train community members to select, construct, and
maintain clean cookstoves and fuels, provide ongoing support to
sustain their use, and help families, schools, and others
access grants to lower the cost; and
(2) to carry out other activities under this Act.
|
Clean Cookstoves and Fuels Support Act This bill directs the Department of State to work to advance the goals of the Global Alliance for Clean Cookstoves. For working with the Alliance appropriations are authorized for the State Department, the U.S. Agency for International Development, the Department of Energy, the National Institutes of Health, the Centers for Disease Control and Prevention, the Environmental Protection Agency, the National Science Foundation, the Department of Agriculture, the National Oceanic and Atmospheric Administration, and the Peace Corps.
|
{"src": "billsum_train", "title": "Clean Cookstoves and Fuels Support Act"}
| 2,815 | 116 | 0.411427 | 1.354155 | 0.169248 | 4.452632 | 28.315789 | 0.936842 |
SECTION 1. CANNED PINEAPPLE FRUIT ENTERED BETWEEN JULY 1, 1997 AND JUNE
30, 1998.
(a) Reliquidation of Entries.--
(1) In general.--Notwithstanding section 514 and 520 of the
Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other
provision of law, the Bureau of Customs and Border Protection
shall, not later than 90 days after the date of enactment of
this Act, liquidate or reliquidate each of the entries listed
in subsection (b) at the rate of 3.32 percent.
(2) Payment of amounts owed.--Any amount owed by the United
States pursuant to the liquidation or reliquidation of an entry
under paragraph (1) shall be paid not later than 90 days after
the date of such liquidation or reliquidation.
(b) Affected Entries.--The entries referred to in subsection (a)
are as follows:
Entry number Date of entry
916-0769506-0........................ 07/07/97
916-0769663-9........................ 07/14/97
916-0769664-7........................ 07/14/97
916-0766965-4........................ 07/14/97
916-0769666-2........................ 07/14/97
916-0769667-0........................ 07/14/97
916-0769668-8........................ 07/14/97
916-0769908-8........................ 07/22/97
916-0769910-4........................ 07/22/97
916-0769913-8........................ 07/22/97
916-0769915-3........................ 07/22/97
916-0769917-9........................ 07/22/97
916-0769919-5........................ 07/22/97
916-0769968-2........................ 07/30/97
916-0835043-4........................ 08/14/97
916-0835049-1........................ 08/02/97
916-0835140-8........................ 08/14/97
916-0835141-6........................ 08/14/97
916-0835158-0........................ 08/14/97
916-0835161-4........................ 08/04/97
916-0835236-4........................ 08/09/97
916-0835255-4........................ 08/09/97
916-0835256-2........................ 08/09/97
916-0835257-0........................ 08/09/97
916-0835258-8........................ 08/09/97
916-0835260-4........................ 08/12/97
916-0835261-2........................ 08/11/97
916-0835401-4........................ 08/20/97
916-0835402-2........................ 08/20/97
916-0835553-2........................ 09/02/97
916-0835554-0........................ 09/02/97
916-0835590-4........................ 09/04/97
916-0835591-2........................ 09/04/97
916-0835592-0........................ 09/05/97
916-0835598-7........................ 09/10/97
916-0835599-5........................ 09/10/97
916-0835601-9........................ 09/10/97
916-0836550-7........................ 11/25/97
916-0836553-1........................ 11/25/97
916-0836554-9........................ 11/25/97
916-0836556-4........................ 11/25/97
916-0836557-2........................ 11/25/97
916-0836558-0........................ 11/25/97
916-0836823-8........................ 12/02/97
916-0836826-1........................ 12/02/97
916-0836827-9........................ 12/09/97
916-0836828-7........................ 12/09/97
916-0836829-5........................ 12/09/97
916-0836830-3........................ 12/09/97
916-0836831-1........................ 12/09/97
916-0836832-9........................ 12/02/97
916-0837649-6........................ 01/06/98
916-0837650-4........................ 01/09/98
916-0837651-2........................ 01/06/98
916-0837652-0........................ 01/07/98
916-0837761-9........................ 01/13/98
916-0837762-7........................ 01/13/98
916-0837855-9........................ 01/15/98
916-0837963-1........................ 01/27/98
916-0838083-7........................ 02/11/98
916-0838099-3........................ 01/27/98
916-0838158-7........................ 02/24/98
916-0838160-3........................ 02/24/98
916-0838161-1........................ 02/20/98
916-0838266-8........................ 02/24/98
916-0838267-6........................ 02/20/98
916-0838551-3........................ 02/24/98
916-0838552-1........................ 03/04/98
916-0838644-6........................ 02/24/98
916-0838793-1........................ 02/26/98
916-0838794-9........................ 02/26/98
916-0838796-4........................ 03/04/98
916-0838797-2........................ 03/04/98
916-0838799-8........................ 03/10/98
916-0838893-9........................ 03/17/98
916-0839050-5........................ 03/31/98
916-0839224-6........................ 04/23/98
916-0839229-5........................ 04/07/98
916-0839365-7........................ 04/23/98
916-0839570-2........................ 04/27/98
916-0839571-0........................ 05/05/98
916-0839607-2........................ 05/05/98
916-0839628-8........................ 05/19/98
916-0839973-8........................ 06/09/98
916-0839974-6........................ 06/03/98
916-0839975-3........................ 06/03/98
|
Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries relating to canned pineapple fruit.
|
{"src": "billsum_train", "title": "A bill to provide for the liquidation or reliquidation of certain entries relating to canned pineapple fruit entered between July 1, 1997, and June 30, 1998."}
| 1,361 | 32 | 0.494031 | 1.38148 | 0.085687 | 3.625 | 39.666667 | 0.791667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfield Site Redevelopment
Assistance Act of 2002''.
SEC. 2. PURPOSES.
Consistent with section 2 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121), the purposes of this Act
are--
(1) to provide targeted assistance, including planning
assistance, for projects that promote--
(A) the redevelopment, restoration, and economic
recovery of brownfield sites; and
(B) eco-industrial development; and
(2) through such assistance, to further the goals of
restoring the employment and tax bases of, and bringing new
income and private investment to, distressed communities that
have not participated fully in the economic growth of the
United States because of a lack of an adequate private sector
tax base to support essential public services and facilities.
SEC. 3. DEFINITIONS.
Section 3 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3122) is amended--
(1) by redesignating paragraphs (1), (2), and (3) through
(10) as paragraphs (2), (3), and (5) through (12),
respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Brownfield site.--
``(A) In general.--The term `brownfield site' means
real property, the expansion, redevelopment, or reuse
of which may be complicated by the presence or
potential presence of--
``(i) a hazardous substance (as defined in
section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601)); or
``(ii) any other pollutant or contaminant,
as determined by the Secretary, in consultation
with the Administrator of the Environmental
Protection Agency.
``(B) Exclusions.--Except as provided in
subparagraph (C), the term `brownfield site' does not
include--
``(i) a facility that is the subject of a
planned or ongoing removal action under the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.);
``(ii) a facility that is listed on the
National Priorities List, or is proposed for
listing on that list, under that Act;
``(iii) a facility that is the subject of a
unilateral administrative order, a court order,
an administrative order on consent, or a
judicial consent decree that has been issued to
or entered into by the parties under that Act;
``(iv) a facility that is the subject of a
unilateral administrative order, a court order,
an administrative order on consent, or a
judicial consent decree that has been issued to
or entered into by the parties, or a facility
to which a permit has been issued by the United
States or an authorized State, under--
``(I) the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.);
``(II) the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.);
``(III) the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.);
or
``(IV) the Safe Drinking Water Act
(42 U.S.C. 300f et seq.);
``(v) a facility--
``(I) that is subject to corrective
action under section 3004(u) or 3008(h)
of the Solid Waste Disposal Act (42
U.S.C. 6924(u), 6928(h)); and
``(II) to which a corrective action
permit or order has been issued or
modified to require the implementation
of corrective measures;
``(vi) a land disposal unit with respect to
which--
``(I) a closure notification under
subtitle C of the Solid Waste Disposal
Act (42 U.S.C. 6921 et seq.) has been
submitted; and
``(II) closure requirements have
been specified in a closure plan or
permit;
``(vii) a facility that is subject to the
jurisdiction, custody, or control of a
department, agency, or instrumentality of the
United States, except for land held in trust by
the United States for an Indian tribe;
``(viii) a portion of a facility--
``(I) at which there has been a
release of polychlorinated biphenyls;
and
``(II) that is subject to
remediation under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.);
or
``(ix) a portion of a facility, for which
portion, assistance for response activity has
been obtained under subtitle I of the Solid
Waste Disposal Act (42 U.S.C. 6991 et seq.)
from the Leaking Underground Storage Tank Trust
Fund established by section 9508 of the
Internal Revenue Code of 1986.
``(C) Site-by-site inclusions.--The term
`brownfield site' includes a site referred to in clause
(i), (iv), (v), (vi), (viii), or (ix) of subparagraph
(B), if, on a site-by-site basis, the Secretary, in
consultation with the Administrator of the
Environmental Protection Agency, determines that use of
the financial assistance at the site will--
``(i) protect human health and the
environment; and
``(ii)(I) promote economic development;
``(II) enable the creation of, preservation
of, or addition to parks, greenways,
undeveloped property, other recreational
property, or other property used for nonprofit
purposes; or
``(III) promote eco-industrial development.
``(D) Additional inclusions.--The term `brownfield
site' includes a site that meets the definition of
`brownfield site' under subparagraphs (A) through (C)
that--
``(i) is contaminated by a controlled
substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(ii)(I) is contaminated by petroleum or a
petroleum product excluded from the definition
of `hazardous substance' under section 101 of
the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9601);
``(II) is a site determined by the
Secretary, in consultation with the
Administrator of the Environmental Protection
Agency, to be--
``(aa) of relatively low risk, as
compared with other petroleum-only
sites in the State in which the site is
located; and
``(bb) a site for which there is no
viable responsible party and that will
be assessed, investigated, or cleaned
up by a person that is not potentially
liable for cleaning up the site; and
``(III) is not subject to any order issued
under section 9003(h) of the Solid Waste
Disposal Act (42 U.S.C. 6991b(h)); or
``(iii) is mine-scarred land.'';
(3) by inserting after paragraph (3) (as redesignated by
paragraph (1)) the following:
``(4) Eco-industrial development.--The term `eco-industrial
development' means development conducted in a manner in which
businesses cooperate with each other and the local community to
efficiently share resources (such as information, materials,
water, energy infrastructure, and natural habitat) with the
goals of--
``(A) economic gains;
``(B) improved environmental quality; and
``(C) equitable enhancement of human resources in
businesses and local communities.''; and
(4) by adding at the end the following:
``(13) Unused land.--The term `unused land' means any
publicly-owned or privately-owned unused, underused, or
abandoned land that is not contributing to the quality of life
or economic well-being of the community in which the land is
located.''.
SEC. 4. COORDINATION.
Section 103 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3132) is amended--
(1) by inserting ``(a) Comprehensive Economic Development
Strategies.--'' before ``The Secretary''; and
(2) by adding at the end the following:
``(b) Brownfield Site Redevelopment.--The Secretary shall
coordinate activities relating to the redevelopment of brownfield sites
and the promotion of eco-industrial development under this Act with
other Federal agencies, States, local governments, consortia of local
governments, Indian tribes, nonprofit organizations, and public-private
partnerships.''.
SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended--
(1) by redesignating sections 210 through 213 as sections
211 through 214, respectively; and
(2) by inserting after section 209 the following:
``SEC. 210. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.
``(a) In General.--On the application of an eligible recipient, the
Secretary may make grants for projects to alleviate or prevent
conditions of excessive unemployment, underemployment, blight, and
infrastructure deterioration associated with brownfield sites,
including projects consisting of--
``(1) development of public facilities;
``(2) development of public services;
``(3) business development (including funding of a
revolving loan fund);
``(4) planning;
``(5) technical assistance; and
``(6) training.
``(b) Criteria for Grants.--The Secretary may provide a grant for a
project under this section only if--
``(1) the Secretary determines that the project will assist
the area where the project is or will be located to meet,
directly or indirectly, a special need arising from--
``(A) a high level of unemployment or
underemployment, or a high proportion of low-income
households;
``(B) the existence of blight and infrastructure
deterioration;
``(C) dislocations resulting from commercial or
industrial restructuring;
``(D) outmigration and population loss, as
indicated by--
``(i)(I) depletion of human capital
(including young, skilled, or educated
populations);
``(II) depletion of financial capital
(including firms and investment); or
``(III) a shrinking tax base; and
``(ii) resulting--
``(I) fiscal pressure;
``(II) restricted access to
markets; and
``(III) constrained local
development potential; or
``(E) the closure or realignment of--
``(i) a military or Department of Energy
installation; or
``(ii) any other Federal facility; and
``(2) except in the case of a project consisting of
planning or technical assistance--
``(A) the Secretary has approved a comprehensive
economic development strategy for the area where the
project is or will be located; and
``(B) the project is consistent with the
comprehensive economic development strategy.
``(c) Particular Community Assistance.--Assistance under this
section may include assistance provided for activities identified by a
community, the economy of which is injured by the existence of 1 or
more brownfield sites, to assist the community in--
``(1) revitalizing affected areas by--
``(A) diversifying the economy of the community; or
``(B) carrying out industrial or commercial
(including mixed use) redevelopment, or eco-industrial
development, projects on brownfield sites or sites
adjacent to brownfield sites;
``(2) carrying out development that conserves environmental
and agricultural resources by--
``(A) reusing existing facilities and
infrastructure;
``(B) reclaiming unused land and abandoned
buildings; or
``(C) promoting eco-industrial development, and
environmentally responsible development, of brownfield
sites; or
``(3) carrying out a collaborative economic development
planning process, developed with broad-based and diverse
community participation, that addresses the economic
repercussions and opportunities posed by the existence of
brownfield sites in an area.
``(d) Direct Expenditure or Redistribution by Eligible Recipient.--
``(1) In general.--Subject to paragraph (2), an eligible
recipient of a grant under this section may directly expend the
grant funds or may redistribute the funds to public and private
entities in the form of a grant, loan, loan guarantee, payment
to reduce interest on a loan guarantee, or other appropriate
assistance.
``(2) Limitation.--Under paragraph (1), an eligible
recipient may not provide any grant to a private for-profit
entity.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Public Works and Economic Development Act of 1965 (42 U.S.C. prec.
3121) is amended by striking the items relating to sections 210 through
213 and inserting the following:
``Sec. 210. Grants for brownfield site redevelopment.
``Sec. 211. Changed project circumstances.
``Sec. 212. Use of funds in projects constructed under projected cost.
``Sec. 213. Reports by recipients.
``Sec. 214. Prohibition on use of funds for attorney's and consultant's
fees.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Title VII of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended by adding
at the end the following:
``SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR BROWNFIELD SITE
REDEVELOPMENT.
``(a) In General.--In addition to amounts made available under
section 701, there is authorized to be appropriated to carry out
section 210 $60,000,000 for each of fiscal years 2003 through 2007, to
remain available until expended.
``(b) Federal Share.--Notwithstanding section 204, subject to
section 205, the Federal share of the cost of activities funded with
amounts made available under subsection (a) shall be not more than 75
percent.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Public Works and Economic Development Act of 1965 (42 U.S.C. prec.
3121) is amended by adding at the end of the items relating to title
VII the following:
``Sec. 704. Authorization of appropriations for brownfield site
redevelopment.''.
|
Brownfield Site Redevelopment Assistance Act of 2002 - Amends the Public Works and Economic Development Act of 1965 to authorize the Secretary of Commerce to make grants for projects to alleviate or prevent conditions of excessive unemployment, underemployment, blight, and infrastructure deterioration associated with brownfield sites.Defines a "brownfield site," with exceptions, as real property the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance or pollutant. Allows inclusions of sites otherwise excluded from consideration if: (1) financial assistance will protect human health and the environment, promote economic development or enable the creation of parks, greenways, or other property used for nonprofit purposes, or promote eco-industrial development; (2) they were contaminated by a controlled substance; (3) they are certain low-risk petroleum-contaminated sites; or (4) they are mine-scarred.Defines eco-industrial development as development conducted in a manner in which businesses cooperate with each other and the local community to share resources efficiently (such as information, materials, water, energy infrastructure, and natural habitat) with the goals of economic gains, improved environmental quality, and equitable enhancement of human resources in businesses and local communities.
|
{"src": "billsum_train", "title": "To amend Public Works and Economic Development Act of 1965 to provide assistance for brownfield site redevelopment, and for other purposes."}
| 3,375 | 264 | 0.597114 | 1.81761 | 0.803114 | 4.752101 | 12.739496 | 0.920168 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rocky Mountain Front Heritage Act of
2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation management area.--The term ``Conservation
Management Area'' means the Rocky Mountain Front Conservation
Management Area established by section 3(a)(1).
(2) Decommission.--The term ``decommission'' means--
(A) to reestablish vegetation on a road; and
(B) to restore any natural drainage, watershed
function, or other ecological processes that are
disrupted or adversely impacted by the road by removing
or hydrologically disconnecting the road prism.
(3) District.--The term ``district'' means the Rocky
Mountain Ranger District of the Lewis and Clark National
Forest.
(4) Map.--The term ``map'' means the map entitled ``Rocky
Mountain Front Heritage Act'' and dated October 27, 2011.
(5) Nonmotorized recreation trail.--The term ``nonmotorized
recreation trail'' means a trail designed for hiking,
bicycling, or equestrian use.
(6) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(7) State.--The term ``State'' means the State of Montana.
SEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MANAGEMENT AREA.
(a) Establishment.--
(1) In general.--There is established the Rocky Mountain
Front Conservation Management Area in the State.
(2) Area included.--The Conservation Management Area shall
consist of approximately 195,073 acres of Federal land managed
by the Forest Service and 13,087 acres of Federal land managed
by the Bureau of Land Management in the State, as generally
depicted on the map.
(3) Incorporation of acquired land and interests.--Any land
or interest in land that is located in the Conservation
Management Area and is acquired by the United States from a
willing seller shall--
(A) become part of the Conservation Management
Area; and
(B) be managed in accordance with--
(i) in the case of land managed by the
Forest Service--
(I) the Act of March 1, 1911
(commonly known as the ``Weeks Law'')
(16 U.S.C. 552 et seq.); and
(II) any laws (including
regulations) applicable to the National
Forest System;
(ii) in the case of land managed, by the
Bureau of Land Management, the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.);
(iii) this section; and
(iv) any other applicable law (including
regulations).
(b) Purposes.--The purposes of the Conservation Management Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the recreational, scenic, historical,
cultural, fish, wildlife, roadless, and ecological values of the
Conservation Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Conservation Management Area--
(A) in a manner that conserves, protects, and
enhances the resources of the Conservation Management
Area; and
(B) in accordance with--
(i) the laws (including regulations) and
rules applicable to the National Forest System
for land managed by the Forest Service;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.) for land
managed by the Bureau of Land Management;
(iii) this section; and
(iv) any other applicable law (including
regulations).
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Conservation Management Area that the
Secretary determines would further the purposes
described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--The use of motorized
vehicles in the Conservation Management Area
shall be permitted only on existing roads,
trails, and areas designated for use by such
vehicles as of the date of enactment of this
Act.
(ii) Exceptions.--Nothing in clause (i)
prevents the Secretary from--
(I) rerouting or closing an
existing road or trail to protect
natural resources from degradation, as
determined to be appropriate by the
Secretary;
(II) constructing a temporary road
on which motorized vehicles are
permitted as part of a vegetation
management project in any portion of
the Conservation Management Area
located not more than \1/4\ mile from
the Teton Road, South Teton Road, Sun
River Road, Beaver Willow Road, or
Benchmark Road;
(III) authorizing the use of
motorized vehicles for administrative
purposes (including noxious weed
eradication or grazing management); or
(IV) responding to an emergency.
(iii) Temporary roads.--The Secretary shall
decommission any temporary road constructed
under clause (ii)(II) not later than 3 years
after the date on which the applicable
vegetation management project is completed.
(C) Grazing.--The Secretary shall permit grazing
within the Conservation Management Area, if established
on the date of enactment of this Act--
(i) subject to--
(I) such reasonable regulations,
policies, and practices as the
Secretary determines appropriate; and
(II) all applicable laws; and
(ii) in a manner consistent with the
purposes described in subsection (b).
(D) Vegetation management.--Nothing in this Act
prevents the Secretary from conducting vegetation
management projects within the Conservation Management
Area--
(i) subject to--
(I) such reasonable regulations,
policies, and practices as the
Secretary determines appropriate; and
(II) all applicable laws (including
regulations); and
(ii) in a manner consistent with the
purposes described in subsection (b).
SEC. 4. DESIGNATION OF WILDERNESS ADDITIONS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following Federal land in the State is designated as
wilderness and as additions to existing components of the National
Wilderness Preservation System:
(1) Bob marshall wilderness.--Certain land in the Lewis and
Clark National Forest, comprising approximately 50,401 acres,
as generally depicted on the map, which shall be added to and
administered as part of the Bob Marshall Wilderness designated
under section 3 of the Wilderness Act (16 U.S.C. 1132).
(2) Scapegoat wilderness.--Certain land in the Lewis and
Clark National Forest, comprising approximately 16,711 acres,
as generally depicted on the map, which shall be added to and
administered as part of the Scapegoat Wilderness designated by
the first section of Public Law 92-395 (16 U.S.C. 1132 note).
(b) Management of Wilderness Additions.--Subject to valid existing
rights, the land designated as wilderness additions by subsection (a)
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in
that Act to the effective date of that Act shall be deemed to be a
reference to the date of the enactment of this Act.
(c) Livestock.--The grazing of livestock and the maintenance of
existing facilities relating to grazing in the wilderness additions
designated by this section, if established before the date of enactment
of this Act, shall be permitted to continue 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 the report of the Committee
on Interior and Insular Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(d) Wildfire, Insect, and Disease Management.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within
the wilderness additions designated by this section, the Secretary may
take any measures that the Secretary determines to be necessary to
control fire, insects, and diseases, including, as the Secretary
determines appropriate, the coordination of those activities with a
State or local agency.
(e) Adjacent Management.--
(1) In general.--The designation of a wilderness addition
by this section shall not create any protective perimeter or
buffer zone around the wilderness area.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness addition designated by this section shall not
preclude the conduct of those activities or uses outside the
boundary of the wilderness area.
(f) Overflights.--Nothing in this Act shall be construed to
restrict or preclude overflights, including low-level overflights,
including military, commercial, and general aviation overflights that
can be seen or heard within wilderness or the Conservation Management
Area.
SEC. 5. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall prepare maps and legal descriptions of
the Conservation Management Area and the wilderness additions
designated by sections 3 and 4, respectively.
(b) Force of Law.--The maps and legal descriptions prepared under
subsection (a) shall have the same force and effect as if included in
this Act, except that the Secretary may correct typographical errors in
the map and legal descriptions.
(c) Public Availability.--The maps and legal descriptions prepared
under subsection (a) shall be on file and available for public
inspection in the appropriate offices of the Forest Service and Bureau
of Land Management.
SEC. 6. NOXIOUS WEED MANAGEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Agriculture shall prepare a comprehensive
management strategy for preventing, controlling, and eradicating
noxious weeds in the district.
(b) Contents.--The management strategy shall--
(1) include recommendations to protect wildlife, forage,
and other natural resources in the district from noxious weeds;
(2) identify opportunities to coordinate noxious weed
prevention, control, and eradication efforts in the district
with State and local agencies, Indian tribes, nonprofit
organizations, and others;
(3) identify existing resources for preventing,
controlling, and eradicating noxious weeds in the district;
(4) identify additional resources that are appropriate to
effectively prevent, control, or eradicate noxious weeds in the
district; and
(5) identify opportunities to coordinate with county weed
districts in Glacier, Pondera, Teton, and Lewis and Clark
Counties in the State to apply for grants and enter into
agreements for noxious weed control and eradication projects
under the Noxious Weed Control and Eradication Act of 2004 (7
U.S.C. 7781 et seq.).
(c) Consultation.--In developing the management strategy required
under subsection (a), the Secretary shall consult with--
(1) the Secretary of the Interior;
(2) appropriate State, tribal, and local governmental
entities; and
(3) members of the public.
SEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Agriculture, in consultation with interested parties,
shall conduct a study to improve nonmotorized recreation trail
opportunities (including mountain bicycling) on land not designated as
wilderness within the district.
SEC. 8. MANAGEMENT OF FISH AND WILDLIFE; HUNTING AND FISHING.
Nothing in this Act affects the jurisdiction of the State with
respect to fish and wildlife management (including the regulation of
hunting and fishing) on public land in the State.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
|
Rocky Mountain Front Heritage Act of 2011- Establishes the Rocky Mountain Front Conservation Management Area in Montana.
Designates specified land within the Lewis and Clark National Forest in Montana as wilderness and as additions to existing components of the National Wilderness Preservation System (NWPS).
Directs the Secretary of Agriculture (USDA) to prepare a comprehensive management strategy for the prevention, control, and eradication of noxious weeds in the Rocky Mountain Ranger District of Lewis and Clark National Forest.
Authorizes such Secretary to conduct a study for improving nonmotorized recreation trail opportunities, including mountain bicycling, on land within the District that is not designated as wilderness.
|
{"src": "billsum_train", "title": "A bill to establish the Rocky Mountain Front Conservation Management Area, to designate certain Federal land as wilderness, and to improve the management of noxious weeds in the Lewis and Clark National Forest, and for other purposes."}
| 2,758 | 142 | 0.583815 | 1.510451 | 0.824387 | 3.268908 | 20.033613 | 0.915966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Opportunity Through
Pell Grant Expansion Act''.
SEC. 2. SENSE OF THE SENATE.
(a) Findings.--The Senate makes the following findings:
(1) Federal Pell Grants are need-based and are used by
5,300,000 undergraduate students to fund their college
educations.
(2) Over 90 percent of Federal Pell Grant recipients come
from a family with a combined income of less than $40,000.
(3) Because of the rising cost of college tuition, the
maximum Federal Pell Grant amount of $4,050 for academic year
2004-2005 is $700 less in real terms than the maximum Federal
Pell Grant amount for academic year 1975-1976.
(4) Federal Pell Grants for academic year 2003-2004 cover
only 23 percent of the total cost of the average 4-year public
college.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) eligible undergraduate students should receive the
maximum Federal Pell Grant amount established by the amendment
made by section 3(b) of this Act; and
(2) sufficient funds should be appropriated to allow the
awarding of the maximum Federal Pell Grant amount for which
students are eligible pursuant to the amendment made by section
3(b) of this Act.
SEC. 3. FEDERAL PELL GRANTS.
(a) Appropriation of Funds for Federal Pell Grants.--In addition to
any amounts otherwise appropriated to carry out subpart 1 of part A of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a) for the
fiscal year ending September 30, 2006, there are authorized to be
appropriated and there are appropriated, out of any money in the
Treasury not otherwise appropriated for the fiscal year ending
September 30, 2006, for carrying out such subpart 1, an additional
$2,000,000,000.
(b) Authorization Amount and Maximum Federal Pell Grant.--Section
401(b)(2)(A) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(2)(A)) is amended to read as follows:
``(2)(A)(i) The amount of a Federal Pell Grant for a student
eligible under this part shall be $5,100 for academic year 2005-2006,
less an amount equal to the amount determined to be the expected family
contribution with respect to that student for that year.
``(ii) The Secretary shall cumulatively adjust the amount in clause
(i) every 2 academic years beginning with academic year 2006-2007 to
account for any percentage increase in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics of the
Department of Labor.''.
SEC. 4. ALLOWANCE FOR STATE AND OTHER TAXES.
Notwithstanding any other provision of law, the annual updates to
the allowance for State and other taxes in the tables used in the
Federal Needs Analysis Methodology to determine a student's expected
family contribution for the award year 2005-2006 under part F of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.),
published in the Federal Register on Thursday, December 23, 2004 (69
Fed. Reg. 76926), shall not apply to a student to the extent the
updates will increase the student's expected family contribution under
such part F.
SEC. 5. TERMINATION OF EXCESSIVE ALLOWANCES.
Section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C.
1087-1(b)(2)(B)) is amended by striking clause (v) and inserting the
following:
``(v) This subparagraph shall not apply
to--
``(I) any loan made or purchased
after the date of enactment of the
Higher Education Opportunity Through
Pell Grant Expansion Act;
``(II) any loan that had not
qualified before such date of enactment
for receipt of a special allowance
payment determined under this
subparagraph; or
``(III) any loan made or purchased
before such date of enactment with
funds described in the first or second
sentence of clause (i) if--
``(aa) the obligation
described in the first such
sentence has, after such date
of enactment, matured, or been
retired or defeased; or
``(bb) the maturity date or
the date of retirement of the
obligation described in the
first such sentence has, after
such date of enactment, been
extended.''.
SEC. 6. WINDFALL PROFIT OFFSET.
Section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1)
is further amended by adding at the end the following:
``(g) Windfall Profit Offset.--At the end of every fiscal quarter
for which an eligible lender does not receive a special allowance
payment under this section, the eligible lender shall pay to the
Secretary of the Treasury for deposit into the Treasury as
miscellaneous receipts a windfall profit offset payment for the fiscal
quarter equal to the amount by which--
``(1) the aggregate amount of all payments of interest
received by the eligible lender from borrowers on all loans
made, insured, or guaranteed under this part during the fiscal
quarter; exceeds
``(2) interest guaranteed the lender under this section for
the fiscal quarter, irrespective of the amount received under
subparagraph (A).''.
|
Higher Education Opportunity Through Pell Grant Expansion Act - Expresses the sense of the Senate that: (1) eligible undergraduate students should receive the maximum Federal Pell Grant amount established by this Act's amendment to the Higher Education Act of 1965 (HEA); and (2) sufficient funds should be appropriated to allow the awarding of such amount.
Authorizes and makes additional appropriations in a specified amount for FY 2006 to carry out HEA provisions for Federal Pell Grants.
Amends HEA to revise the maximum amount of a Federal Pell Grant to $5,100 for academic year 2005-2006.
Directs the Secretary of Education to adjust such maximum amount cumulatively every two academic years to account for any percentage increase in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
Prohibits the application of the annual updates (published in the Federal Register on December 23, 2004) to the allowance for State and other taxes in the tables used in the Federal Needs Analysis Methodology to determine a student's expected family contribution for the award year 2005-2006, to the extent such updates will reduce the amount of Federal student assistance for which the student is eligible.
Terminates special allowance payments for lenders or holders of student loans: (1) made or purchased after enactment of this Act; (2) not qualified for such payments before such enactment; or (3) made or purchased before such enactment, but having retired or defeased obligations after such enactment, or having a maturity or retirement date extended after such enactment.
Requires windfall profit offset payments from eligible lenders of student loans.
|
{"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 to improve higher education, and for other purposes."}
| 1,199 | 358 | 0.611256 | 1.836615 | 0.835092 | 4.448718 | 3.461538 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Iraq Redeployment Timetable
and Political Reconciliation Act of 2008''.
SEC. 2. SENSE OF CONGRESS REGARDING SERVICE OF UNITED STATES ARMED
FORCES IN IRAQ AND POLITICAL RECONCILIATION IN IRAQ.
It is the sense of the Congress that--
(1) the men and women of the United States Armed Forces
have served honorably and expertly in Operation Iraqi Freedom;
(2) political reconciliation in the Republic of Iraq is the
key component in providing stability in Iraq;
(3) political reconciliation cannot occur in the Republic
of Iraq without robust diplomatic efforts by the United States
and the international community;
(4) the overwhelming presence of the United States Armed
Forces in Iraq has neither encouraged nor precipitated the
political, religious, ethnic, and tribal leaders in Iraq to
achieve political and diplomatic solutions in providing
security and stability for their own nation;
(5) a defined schedule for redeployment of the United
States Armed Forces from Iraq, which is the only real remaining
political leverage available to the United States, is the
quickest, safest, and most responsible way to bring the Armed
Forces home;
(6) a defined schedule for redeployment requires the people
and government of Iraq to take responsibility for their future
and will help engage the international community to assist the
people and government of Iraq in making political progress; and
(7) continuous and extended deployments of the United
States Armed Forces have compromised United States military
readiness around the globe and reduced the ability of the
United States to respond to other international commitments,
notably Afghanistan.
SEC. 3. TIMETABLE FOR REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM
IRAQ.
(a) Commencement of Redeployment.--Not later than 90 days after the
date of the enactment of the Act, the Secretary of Defense shall
commence the redeployment of the units and members of the United States
Armed Forces deployed in Iraq.
(b) Purpose of Redeployment.--The redeployment required by this
section shall be carried out for purposes of--
(1) ensuring that the national security interests of the
United States are protected; and
(2) improving the military readiness of the United States
Armed Forces.
(c) Completion of Redeployment.--The Secretary of Defense shall
complete the redeployment of the United States Armed Forces from Iraq
by the end of the 180-day period beginning on the date on which the
Secretary of Defense commences the redeployment required by subsection
(a).
(d) Redeployment Report.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report outlining the necessary
elements of the required timetable for the redeployment of the United
States Armed Forces from Iraq. To the maximum extent possible, the
report shall be submitted in an unclassified format. The report shall
include--
(1) a timetable for completion of the redeployment within
180 days after commencement;
(2) an estimate of the number of members of the United
States Armed Forces needed to perform the activities described
in subsection (f);
(3) an estimate of the number of sea, air, and ground
equipment required to perform the activities described in
subsection (f);
(4) a plan for ensuring the safe and orderly withdrawal of
the United States Armed Forces from Iraq;
(5) an estimate of the cost of providing security for
United States citizens remaining in Iraq to conduct diplomatic,
economic, and social rehabilitation, including Provincial
Reconstruction Teams; and
(6) the total estimated costs of redeployment.
(e) Certification of Redeployment.--Upon the completion of the
redeployment, the Secretary of Defense shall submit a report to the
congressional defense committees certifying that all United States
Armed Forces have been redeployed from Iraq.
(f) Protection of United States Embassy in Baghdad, Iraq.--
Notwithstanding any other provision of this Act, the Secretary of
Defense may retain members of the United States Armed Forces in Iraq in
such numbers as the Secretary considers required for protection of the
United States Embassy compound in Baghdad, Iraq.
SEC. 4. RELATIONS WITH THE GOVERNMENT OF IRAQ.
(a) Diplomatic Relations.--Concurrently with the redeployment of
United States Armed Forces pursuant to section 3, the Secretary of
State shall continue to work with the elected Government of Iraq to
provide for the security and stability of Iraq and its transition to
democratic rule through diplomatic means.
(b) Continuation of Diplomatic, Social, and Economic Rehabilitation
Activities in Iraq.--Nothing in this Act shall be construed to prohibit
or otherwise restrict the use of funds available to any department or
agency of the United States, other than the Department of Defense, to
carry out diplomatic, social, and economic rehabilitation activities in
Iraq.
(c) Report and Components.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
President of the United States shall submit to the congressional
defense committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate a
report describing the efforts by the United States to carry out
diplomatic, social, and economic rehabilitation activities in Iraq. The
report shall include, at minimum--
(1) current efforts to effect political dialogue among the
political, religious, ethnic, and tribal leaders in Iraq;
(2) current efforts of international organizations in
assisting with political reconciliation in Iraq; and
(3) initiatives, either planned or ongoing, for assistance
by the United States to the Government of Iraq to assist in the
areas of governance, rule of law, democracy, and human rights
protections.
SEC. 5. MIDDLE EAST SECURITY AND ECONOMIC ORGANIZATION.
(a) Sense of the Congress.--It is the sense of Congress that--
(1) security and stability in Iraq and the broader Middle
East is vital to all nations of the world;
(2) diplomatic involvement of the broader international
community in the regional security and stability of Iraq and
the Middle East region is essential;
(3) involvement in the Middle East region remains vital to
the national security interests of the United States;
(4) the Middle East region lacks a regional security and
economic organization that would allow for increased dialogue
among participating nations;
(5) a regional security and economic organization, modeled
on the Organization for Security and Cooperation in Europe,
should be created; and
(6) a regional, multilateral security and economic
organization provides the structure necessary to cultivate
regional security and to promote economic development and
cooperation in the Middle East region.
(b) Negotiations.--In parallel with the redeployment of United
States Armed Forces from Iraq pursuant to section 3, the Secretary of
State shall begin immediate negotiations for the creation of a multi-
lateral security and economic organization for the Middle East region,
to be known as the ``Middle East Security and Economic Organization''.
(c) Purpose.--The purpose of the Middle East Security and Economic
Organization is to cultivate regional security and to promote economic
development and cooperation in the Middle East region.
(d) Composition.--At minimum, the Middle East Security and Economic
Organization should be comprised of nations located in the Persian Gulf
and broader Middle East region, as well as the broader international
community. It is the sense of Congress that the composition of the
Middle East Security and Economic Organization include--
(1) representative countries from the League of Arab
States;
(2) member states from the North Atlantic Treaty
Organization; and
(3) interested nations holding seats in the UN General
Assembly.
(e) Report.--Within 30 days after commencement of negotiations to
establish the Middle East Security and Economic Organization, and every
30 days thereafter until negotiations are complete, the Secretary of
State shall submit to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a report describing the
progress of negotiations in forming the Middle East Security and
Economic Organization.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``United States Armed Forces'' has the meaning
given the term ``armed forces'' in section 101(a)(4) of title
10, United States Code.
(2) The term ``congressional defense committees'' means--
(A) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Appropriations of the Senate.
|
Iraq Redeployment Timetable and Political Reconciliation Act of 2008 - Directs the Secretary of Defense to: (1) begin U.S. military redeployment from Iraq within 90 days after the enactment of the Act; and (2) complete such redeployment within 180 days.
States that the redeployment shall be carried out in order to protect U.S. national security interests and improve U.S. military readiness.
Authorizes the Secretary to retain U.S. military forces in Iraq as required for protection of the U.S. Embassy compound in Baghdad, Iraq.
Directs the Secretary of State to: (1) continue to work with the government of Iraq to provide for the security and stability of Iraq and its transition to democratic rule through diplomatic means; and (2) begin negotiations for the creation of a multilateral security and economic organization for the Middle East region (the Middle East Security and Economic Organization).
|
{"src": "billsum_train", "title": "To provide for a timetable for the redeployment of the United States Armed Forces from Iraq and to seek political and diplomatic solutions for the security and stability of the Republic of Iraq."}
| 1,917 | 198 | 0.6713 | 1.875312 | 0.888156 | 4.115854 | 10.689024 | 0.932927 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe and Orderly
Withdrawal From Iraq Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Withdrawal of United States Armed Forces and defense
contractors from Iraq.
Sec. 3. Transfer of United States military facilities in Iraq.
Sec. 4. Prohibition on use of funds to further deploy United States
Armed Forces to Iraq.
Sec. 5. Assistance to Iraqi Security Forces and multinational forces in
Iraq.
Sec. 6. Continuation of social and economic reconstruction activities
in Iraq.
Sec. 7. Asylum or other means of protection for Iraqi citizens.
Sec. 8. Definition.
SEC. 2. WITHDRAWAL OF UNITED STATES ARMED FORCES AND DEFENSE
CONTRACTORS FROM IRAQ.
(a) Commencement of Withdrawal.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense shall
commence the withdrawal of units and members of the Armed Forces
deployed in Iraq as part of Operation Iraqi Freedom and contractors
operating in Iraq and funded using amounts appropriated to the
Department of Defense.
(b) Completion of Withdrawal.--The Secretary of Defense shall
complete the withdrawal of the Armed Forces and defense contractors
from Iraq not later than the end of the 180-day period beginning on the
date of the commencement of the withdrawal under subsection (a).
(c) No Increase in Troop Levels Pending or During Withdrawal.--
Funds appropriated or otherwise made available to the Department of
Defense under any provision of law may not be obligated or expended to
increase the number of members of the Armed Forces serving in Iraq in
excess of the number of members serving in Iraq as of January 1, 2007,
unless the increase has been specifically authorized in advance by an
Act of Congress.
(d) Redeployment Locations.--Nothing in this section shall be
construed to restrict the locations outside of Iraq to which units and
members of the Armed Forces withdrawn from Iraq may be redeployed,
including redeployment to an adjacent or nearby country at the
invitation of the government of the country or redeployment to bolster
military forces deployed in Afghanistan as part of Operation Enduring
Freedom.
(e) Exceptions.--
(1) Personnel providing security for united states
diplomatic missions in iraq.--The Secretary of Defense may
retain in Iraq members of the Armed Forces for the purpose of
providing security for the United States Embassy and other
United States diplomatic missions in Iraq.
(2) Personnel involved in reconstruction activities.--At
the request of the Government of Iraq, the Secretary of Defense
may retain in Iraq members of the Army Corps of Engineers and
defense contractors engaged in reconstruction projects in Iraq,
to the extent necessary to complete such projects.
(f) Availability of Funds.--To carry out the safe and orderly
withdrawal of the Armed Forces and defense contractors from Iraq, as
required by this section, the Secretary of Defense may use any funds
appropriated or otherwise made available to the Department of Defense.
SEC. 3. TRANSFER OF UNITED STATES MILITARY FACILITIES IN IRAQ.
The President of the United States shall transfer to the Government
of Iraq all right, title, and interest held by the United States in any
military facility in Iraq that was constructed, repaired, or improved
using amounts appropriated to the Department of Defense and occupied by
a unit of the Armed Forces.
SEC. 4. PROHIBITION ON USE OF FUNDS TO FURTHER DEPLOY UNITED STATES
ARMED FORCES TO IRAQ.
Beginning on the date of the completion of the withdrawal of the
Armed Forces from Iraq under section 2(b), funds appropriated or
otherwise made available under any provision of law may not be
obligated or expended to further deploy units or members of the Armed
Forces to Iraq.
SEC. 5. ASSISTANCE TO IRAQI SECURITY FORCES AND MULTINATIONAL FORCES IN
IRAQ.
Nothing in this Act shall be construed to prohibit or otherwise
restrict the use of funds available to the Department of Defense for
the purpose of providing financial assistance or equipment to the Iraqi
Security Forces or the multinational forces providing security or
training in Iraq at the request of the Government of Iraq.
SEC. 6. CONTINUATION OF SOCIAL AND ECONOMIC RECONSTRUCTION ACTIVITIES
IN IRAQ.
Nothing in this Act shall be construed to prohibit or otherwise
restrict the use of funds available to any department or agency of the
United States (other than the Department of Defense) to carry out
social and economic reconstruction activities in Iraq at the request of
the Government of Iraq.
SEC. 7. ASYLUM OR OTHER MEANS OF PROTECTION FOR IRAQI CITIZENS.
Nothing in this Act shall be construed to prohibit or otherwise
restrict the authority of the President to arrange asylum or other
means of protection for Iraqi citizens who might be physically
endangered by the withdrawal of the Armed Forces from Iraq.
SEC. 8. DEFINITION.
In this Act, the term ``Armed Forces'' has the meaning given the
term in section 101(a)(4) of title 10, United States Code.
|
Safe and Orderly Withdrawal From Iraq Act - Requires the Secretary of Defense, within 30 days after the enactment of this Act, to commence the withdrawal of units and members of the Armed Forces deployed in Iraq as part of Operation Iraqi Freedom, as well as contractors operating in Iraq under funds appropriated to the Department of Defense (DOD). Requires withdrawal completion within 180 days after its commencement.
Prohibits DOD funds from being obligated or expended to: (1) increase the number of members serving in Iraq as of January 1, 2007, unless the increase has been specifically authorized in advance by an Act of Congress; or (2) further deploy units or members to Iraq.
Provides withdrawal exceptions with respect to personnel: (1) providing security for U.S. diplomatic missions in Iraq; or (2) involved in Iraq reconstruction activities.
Directs the President to transfer to the government of Iraq all rights in any military facility in Iraq that was constructed, repaired, or improved using amounts appropriated to DOD and occupied by a unit of the Armed Forces.
|
{"src": "billsum_train", "title": "To provide for the safe and orderly withdrawal of United States military forces and Department of Defense contractors from Iraq, and for other purposes."}
| 1,209 | 231 | 0.675124 | 1.850423 | 0.99566 | 4.901961 | 5.078431 | 0.901961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Disclosure of Evidence
Act of 2012''.
SEC. 2. DUTY TO DISCLOSE FAVORABLE INFORMATION.
Chapter 201 of title 18, United States Code, is amended by adding
at the end the following:
``Sec. 3014. Duty to disclose favorable information
``(a) Definitions.--In this section--
``(1) the term `covered information' means information,
data, documents, evidence, or objects that may reasonably
appear to be favorable to the defendant in a criminal
prosecution brought by the United States with respect to--
``(A) the determination of guilt;
``(B) any preliminary matter before the court
before which the criminal prosecution is pending; or
``(C) the sentence to be imposed; and
``(2) the term `prosecution team' includes, with respect to
a criminal prosecution brought by the United States--
``(A) the Executive agency, as defined in section
105 of title 5, that brings the criminal prosecution on
behalf of the United States; and
``(B) any entity or individual, including a law
enforcement agency or official, that--
``(i) acts on behalf of the United States
with respect to the criminal prosecution;
``(ii) acts under the control of the United
States with respect to the criminal
prosecution; or
``(iii) participates, jointly with the
Executive agency described in subparagraph (A),
in any investigation with respect to the
criminal prosecution.
``(b) Duty To Disclose Favorable Information.--In a criminal
prosecution brought by the United States, the attorney for the
Government shall provide to the defendant any covered information--
``(1) that is within the possession, custody, or control of
the prosecution team; or
``(2) the existence of which is known, or by the exercise
of due diligence would become known, to the attorney for the
Government.
``(c) Timing.--Except as provided in subsections (e) and (f), the
attorney for the Government shall provide to the defendant any covered
information--
``(1) without delay after arraignment and before the entry
of any guilty plea; and
``(2) if the existence of the covered information is not
known on the date of the initial disclosure under this
subsection, as soon as is reasonably practicable upon the
existence of the covered information becoming known, without
regard to whether the defendant has entered or agreed to enter
a guilty plea.
``(d) Relationship to Other Laws.--
``(1) In general.--Except as provided in paragraph (2), the
requirements under subsections (b) and (c) shall apply
notwithstanding section 3500(a) or any other provision of law
(including any rule or statute).
``(2) Classified information.--Classified information (as
defined in section 1 of the Classified Information Procedures
Act (18 U.S.C. App.)) shall be treated in accordance with the
Classified Information Procedures Act.
``(e) Protective Orders.--
``(1) In general.--Upon motion of the United States, the
court may issue an order to protect against the immediate
disclosure to a defendant of covered information otherwise
required to be disclosed under subsection (b) if--
``(A) the covered information is favorable to the
defendant solely because the covered information would
provide a basis to impeach the credibility of a
potential witness; and
``(B) the United States establishes a reasonable
basis to believe that--
``(i) the identity of the potential witness
is not already known to any defendant; and
``(ii) disclosure of the covered
information to a defendant would present a
threat to the safety of the potential witness
or of any other person.
``(2) Time limit.--The court may delay disclosure of
covered information under this subsection until the earlier
of--
``(A) the date that the court determines provides a
reasonable amount of time before the date set for trial
(which shall be not less than 30 days before the date
set for trial, absent a showing by the United States of
compelling circumstances); and
``(B) the date on which any requirement under
paragraph (1) ceases to exist.
``(3) Motions under seal.--The court may permit the United
States to file all or a portion of a motion under this
subsection under seal to the extent necessary to protect the
identity of a potential witness, but the United States--
``(A) may not file a motion under this subsection
ex parte; and
``(B) shall summarize any undisclosed portion of a
motion filed under this subsection for the defendant in
sufficient detail to permit the defendant a meaningful
opportunity to be heard on the motion, including the
need for a protective order or the scope of the
requested protective order.
``(f) Waiver.--
``(1) In general.--A defendant may not waive a provision of
this section except in open court.
``(2) Requirements.--The court may not accept the waiver of
a provision of this section by a defendant unless the court
determines that--
``(A) the proposed waiver is knowingly,
intelligently, and voluntarily offered; and
``(B) the interests of justice require the proposed
waiver.
``(g) Noncompliance.--
``(1) In general.--Before entry of judgment, upon motion of
a defendant or by the court sua sponte, if there is reason to
believe the attorney for the Government has failed to comply
with subsection (b) or subsection (c), the court shall order
the United States to show cause why the court should not find
the United States is not in compliance with subsection (b) or
subsection (c), respectively.
``(2) Findings.--If the court determines under paragraph
(1) that the United States is not in compliance with subsection
(b) or subsection (c), the court shall--
``(A) determine the extent of and reason for the
noncompliance; and
``(B) enter into the record the findings of the
court under subparagraph (A).
``(h) Remedies.--
``(1) Remedies required.--
``(A) In general.--If the court determines that the
United States has violated the requirement to disclose
covered information under subsection (b) or the
requirement to disclose covered information in a timely
manner under subsection (c), the court shall order an
appropriate remedy.
``(B) Types of remedies.--A remedy under this
subsection may include--
``(i) postponement or adjournment of the
proceedings;
``(ii) exclusion or limitation of testimony
or evidence;
``(iii) ordering a new trial;
``(iv) dismissal with or without prejudice;
or
``(v) any other remedy determined
appropriate by the court.
``(C) Factors.--In fashioning a remedy under this
subsection, the court shall consider the totality of
the circumstances, including--
``(i) the seriousness of the violation;
``(ii) the impact of the violation on the
proceeding;
``(iii) whether the violation resulted from
innocent error, negligence, recklessness, or
knowing conduct; and
``(iv) the effectiveness of alternative
remedies to protect the interest of the
defendant and of the public in assuring fair
prosecutions and proceedings.
``(2) Defendant's costs.--
``(A) In general.--If the court grants relief under
paragraph (1) on a finding that the violation of
subsection (b) or subsection (c) was due to negligence,
recklessness, or knowing conduct by the United States,
the court may order that the defendant, the attorney
for the defendant, or, subject to paragraph (D), a
qualifying entity recover from the United States the
costs and expenses incurred by the defendant, the
attorney for the defendant, or the qualifying entity as
a result of the violation, including reasonable
attorney's fees (without regard to the terms of any fee
agreement between the defendant and the attorney for
the defendant).
``(B) Qualifying entities.--In this paragraph, the
term `qualifying entity' means--
``(i) a Federal Public Defender
Organization;
``(ii) a Community Defender Organization;
and
``(iii) a fund established to furnish
representation to persons financially unable to
obtain adequate representation in accordance
with section 3006A.
``(C) Source of payments for costs and expenses.--
Costs and expenses ordered by a court under
subparagraph (A)--
``(i) shall be paid by the Executive
agency, as defined in section 105 of title 5,
that brings the criminal prosecution on behalf
of the United States, from funds appropriated
to that Executive agency; and
``(ii) may not be paid from the
appropriation under section 1304 of title 31.
``(D) Payments to qualifying entities.--Costs and
expenses ordered by the court under subparagraph (A) to
a qualifying entity shall be paid--
``(i) to the Community Defender
Organization that provided the appointed
attorney; or
``(ii) in the case of a Federal Public
Defender Organization or an attorney appointed
under section 3006A, to the court for deposit
in the applicable appropriations accounts of
the Judiciary as a reimbursement to the funds
appropriated to carry out section 3006A, to
remain available until expended.
``(i) Standard of Review.--In any appellate proceeding initiated by
a criminal defendant presenting an issue of fact or law under this
section, the reviewing court may not find an error arising from conduct
not in compliance with this section to be harmless unless the United
States demonstrates beyond a reasonable doubt that the error did not
contribute to the verdict obtained.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Sections.--The table of sections for chapter 201 of
title 18, United States Code, is amended by adding at the end the
following:
``3014. Duty to disclose favorable information.''.
(b) Demands for Production of Statements and Reports of
Witnesses.--Section 3500(a) of title 18, United States Code, is amended
by striking ``In'' and inserting ``Except as provided in section 3014,
in''.
|
Fairness in Disclosure of Evidence Act of 2012 - Amends the federal criminal code to require the attorney for the government, in a criminal prosecution, to provide to the defendant any information or evidence that may reasonably appear to be favorable to the defendant regarding the determination of guilt, any preliminary matter before the cour, or the sentence to be imposed (covered information): (1) that is within the possession, custody, or control of the prosecution team; or (2) the existence of which is known, or through due diligence would become known, to that attorney.
Directs the government attorney to provide to the defendant any covered information: (1) without delay after arraignment and before the entry of any guilty plea; and (2) as soon as is reasonably practicable upon its becoming known, without regard to whether the defendant has entered or agreed to enter a guilty plea.
Authorizes the court, upon motion of the United States which the court may permit to be filed under seal to protect a witness's identity, to issue an order to protect against immediate disclosure if: (1) the covered information is favorable to the defendant solely because it would provide a basis to impeach the credibility of a potential witness, and (2) the United States establishes a reasonable basis to believe that the identity of the potential witness is not already known to any defendant and disclosure would present a threat to anyone's safety.
Permits the court, under specified circumstances, to accept a waiver of this Act by a defendant. Prohibits a defendant from waiving a provision of this Act except in open court.
Requires the court to order an appropriate remedy upon determining that the United States has violated the requirement to disclose or to disclose in a timely manner and provides for payment of the defendant's costs.
|
{"src": "billsum_train", "title": "A bill to require the attorney for the Government to disclose favorable information to the defendant in criminal prosecutions brought by the United States, and for other purposes."}
| 2,322 | 379 | 0.691937 | 2.165144 | 0.894754 | 4.649425 | 6.304598 | 0.948276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Transfer Act of 1999''.
SEC. 2. LICENSING FEDERALLY OWNED OR PATENTED INVENTIONS.
(a) In General.--Section 209 of title 35, United States Code, is
amended to read as follows:
``Sec. 209. Licensing federally patented or owned inventions
``(a) Authority.--A Federal agency may grant an exclusive or
partially exclusive license on a federally owned invention under
section 207(a)(2) only if--
``(1) granting the license is a reasonable and necessary
incentive to--
``(A) call forth the investment capital and
expenditures needed to bring the invention to practical
application; or
``(B) otherwise promote the invention's utilization
by the public;
``(2) the Federal agency finds that the public will be
served by the granting of the license, as indicated by the
applicant's intentions, plans, and ability to bring the
invention to practical application or otherwise promote the
invention's utilization by the public, and that the proposed
scope of exclusivity is not greater than reasonably necessary
to provide the incentive for bringing the invention to
practical utilization, as proposed by the applicant, or
otherwise to promote the invention's utilization by the public;
``(3) the applicant makes a commitment to achieve practical
utilization of the invention within a reasonable time, which
time may be extended by the agency upon the applicant's request
and the applicant's demonstration that the refusal of such
extension would be unreasonable;
``(4) granting the license will not tend to substantially
lessen competition or create or maintain a violation of the
Federal antitrust laws; and
``(5) in the case of an invention covered by a foreign
patent application or patent, the interests of the Federal
Government or United States industry in foreign commerce will
be enhanced.
``(b) Manufacture in United States.--A Federal agency shall
normally grant a license under section 207(a)(2) to use or sell any
federally owned invention in the United States only to a licensee who
agrees that any products embodying the invention or produced through
the use of the invention will be manufactured substantially in the
United States.
``(c) Small Business.--First preference for the granting of any
exclusive or partially exclusive licenses under section 207(a)(2) shall
be given to small business firms having equal or greater likelihood as
other applicants to bring the invention to practical application within
a reasonable time.
``(d) Terms and Conditions.--Any licenses granted under section
207(a)(2) shall contain such terms and conditions as the granting
agency considers appropriate. Such terms and conditions shall include
provisions--
``(1) retaining a nontransferable, irrevocable, paid-up
license for any Federal agency to practice the invention or
have the invention practiced throughout the world by or on
behalf of the Government of the United States;
``(2) requiring periodic reporting on utilization of the
invention, and utilization efforts, by the licensee, but only
to the extent necessary to enable the Federal agency to
determine whether the terms of the license are being complied
with; and
``(3) empowering the Federal agency to terminate the
license in whole or in part if the agency determines that--
``(A) the licensee is not executing its commitment
to achieve practical utilization of the invention,
including commitments contained in any plan submitted
in support of its request for a license, and the
licensee cannot otherwise demonstrate to the
satisfaction of the Federal agency that it has taken,
or can be expected to take within a reasonable time,
effective steps to achieve practical utilization of the
invention;
``(B) the licensee is in breach of an agreement
described in subsection (b);
``(C) termination is necessary to meet requirements
for public use specified by Federal regulations issued
after the date of the license, and such requirements
are not reasonably satisfied by the licensee; or
``(D) the licensee has been found by a court of
competent jurisdiction to have violated the Federal
antitrust laws in connection with its performance under
the license agreement.
``(e) Treatment of Report Information.--Any report required under
subsection (d)(2) shall be treated by the Federal agency as commercial
and financial information obtained from a person and is privileged and
confidential and not subject to disclosure under section 552 of title
5.
``(f) Public Notice.--No exclusive or partially exclusive license
may be granted under section 207(a)(2) unless public notice of the
intention to grant an exclusive or partially exclusive license on a
federally owned invention has been provided in an appropriate manner at
least 15 days before the license is granted, and the Federal agency has
considered all comments received before the end of the comment period
in response to that public notice. This subsection shall not apply to
the licensing of inventions made under a cooperative research and
development agreement entered into under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
``(g) Plan.--No Federal agency shall grant any license under a
patent or patent application on a federally owned invention unless the
person requesting the license has supplied the agency with a plan for
development or marketing of the invention, except that any such plan
shall be treated by the Federal agency as commercial and financial
information obtained from a person and privileged and confidential and
not subject to disclosure under section 552 of title 5.''.
(b) Amendments to Chapter 18 of Title 35, United States Code.--
Chapter 18 of title 35, United States Code, is amended--
(1) in section 200 by inserting ``without unduly
encumbering future research and discovery'' after ``free
competition and enterprise;'';
(2) by amending section 202(e) to read as follows:
``(e) In any case when a Federal employee is a coinventor of any
invention made with a nonprofit organization, small business firm, or a
non-Federal inventor, the Federal agency employing such coinventor may,
for the purpose of consolidating rights in the invention and if it
finds that it would expedite the development of the invention--
``(1) license or assign whatever rights it may acquire in
the subject invention to the nonprofit organization, small
business firm, or non-Federal inventor in accordance with
sections 200 through 204 (including this section); or
``(2) acquire any rights in the subject invention from the
nonprofit organization, small business firm, or non-Federal
inventor, but only to the extent the party from whom the rights
are acquired voluntarily enters into the transaction and no
other transaction under this chapter is conditioned on such
acquisition.''; and
(3) in section 207(a)--
(A) in paragraph (2), by striking ``patent
applications, patents, or other forms of protection
obtained'' and inserting ``inventions''; and
(B) in paragraph (3), by inserting ``, including
acquiring rights for and administering royalties to the
Federal Government in any invention, but only to the
extent the party from whom the rights are acquired
voluntarily enters into the transaction, to facilitate
the licensing of a federally owned invention'' after
``or through contract''.
(c) Conforming Amendment.--The item relating to section 209 in the
table of sections for chapter 18 of title 35, United States Code, is
amended to read as follows:
``209. Licensing federally patented or owned inventions.''.
|
Requires a Federal agency to treat any required periodic invention utilization report as privileged and confidential commercial and financial information obtained from a person, and not subject to public disclosure.
Prohibits an agency from granting an exclusive or partially exclusive license on a federally-owned invention unless: (1) it has provided 15 days' public notice and considered all comments received (unless the license is for an invention made under a cooperative research and development (R&D) agreement); and (2) the person requesting the license has supplied to the agency a plan for development and-or marketing of the invention.
Amends provisions commonly known as "the Bayh-Dole Act" with regard to Government acquisition of the rights of a private party to a federally owned invention when a Federal employee is a coinventor of any invention made with a nonprofit organization, small business firm, or a non-Federal inventor. Authorizes the Federal agency employing such coinventor, for the purpose of consolidating rights in the invention and expediting its development, to: (1) license or assign whatever rights it may acquire in the invention to the nonprofit organization, small business firm, or non-Federal inventor; or (2) acquire any rights in the invention from the nonprofit organization, small business firm, or non-Federal inventor, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction and no other transaction under such Act is conditioned on such acquisition.
Authorizes each Federal agency to acquire rights for and administer to the Federal Government royalties in any federally owned invention in order to facilitate its licensing, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction.
|
{"src": "billsum_train", "title": "Technology Transfer Act of 1999"}
| 1,654 | 373 | 0.518459 | 1.486845 | 0.767197 | 5.368902 | 4.740854 | 0.935976 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Employee Retirement
Protection Act of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) over 51 million American workers, representing about
half of the private-sector workforce, do not have an employer-
provided pension;
(2) 600,000 private pension plans are sponsored by firms
with less than 100 employees;
(3) 32 million Americans working for small businesses do
not have employer-provided pensions;
(4) over $3,500,000,000,000 is invested in the private
pension system;
(5) approximately $400,000,000,000 is invested in pension
plans serving companies with less than 100 employees;
(6) billions of dollars in small pension plans are
potentially at risk because they are held by unregulated
persons;
(7) public confidence in the private pension system is
eroded when workers and their families lose their retirement
assets due to fraud, embezzlement, or mismanagement;
(8) it is a goal of the Congress to improve private pension
security for employees of small businesses;
(9) it is a goal and the responsibility of the Congress to
protect the assets of small plans, not only for the benefit of
workers and their families, but also to increase public
confidence in the private pension system, thereby encouraging
greater participation in the system; and
(10) protection of the assets of small pension plans must
be balanced against regulatory burdens which can discourage
small businesses from offering pension plans.
(b) Purposes.--The purposes of this Act are--
(1) to provide an enhanced level of protection for the
assets of small pension plans;
(2) to give the employees and owners of small businesses
the tools to ensure that their retirement assets are being
handled in a secure fashion;
(3) to increase public confidence in the private pension
system;
(4) to ensure that the employees of small businesses know
how to obtain accurate information about their pension plan
assets; and
(5) to provide clear, enforceable standards governing
disclosure of financial information by custodians of small
pension plans to workers and their families.
SEC. 3. REQUIREMENTS FOR SMALL PENSION PLANS RELATING TO HOLDERS OF
PLAN ASSETS AND ANNUAL ASSET STATEMENTS.
(a) In General.--Paragraph (2) of section 104(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(2)) is
amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Subparagraph (A) shall apply in connection with any annual
report otherwise required to be filed by the administrator of any such
plan only if--
``(i) the assets of the plan are held by an entity--
``(I) in a manner permitted in section 403(b), or
``(II) which is a bank or other person who is
approved by the Secretary of the Treasury pursuant to
section 408(a)(2) of the Internal Revenue Code of 1986,
and
``(ii) under the terms of the plan, such entity is required
to provide to each participant and beneficiary, upon request, a
written statement setting forth a listing of the assets of the
plan held by such entity and the value of such assets as of the
most recent valuation date.
Any such entity shall also provide to the Secretary, upon request, a
written statement described in clause (ii). Such entity shall certify
as to the authenticity and accuracy of the information contained in any
statement provided pursuant to this subparagraph. The Secretary may
prescribe regulations setting forth the form and manner in which any
such statement is to be provided.''.
(b) Notification of Right To Asset Statement.--Subsection (b) of
section 104 of such Act (29 U.S.C. 1024(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) The administrator of each pension plan for which simplified
annual reports are prescribed pursuant to subsection (a)(2)(A) shall
notify its participants and beneficiaries of their right under
subsection (a)(2)(B)(ii) to request an asset statement from an entity
holding the assets of the plan. Such notification shall also inform
them of their right to request that the Secretary of Labor make such
requests on their behalf. Such notification shall be included as part
of the materials necessary to fairly summarize the latest annual
report.''.
(c) Liability of Administrator for Failure To Ensure Prompt
Distribution of Requested Statements.--Subsection (c) of section 502 of
such Act (29 U.S.C. 1132(c)) is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7)(A)(i) In any case in which an entity described in section
104(a)(2)(B)(i) holding the assets of a pension plan fails or refuses
to comply with a request, by a participant or beneficiary under the
plan, for any statement which such entity is required by the plan,
pursuant to section 104(a)(2)(B)(ii), to provide to such participant or
beneficiary by mailing the material requested to the last known address
of the requesting participant or beneficiary within 30 days after the
date of the receipt of such request, the administrator of such plan may
in the court's discretion be personally liable to such participant or
beneficiary in the amount of up to $100 a day from the date of such
failure or refusal, and the court may in its discretion order such
other relief as it deems proper. The Secretary may prescribe, by
regulation, alternate means of satisfying the requirements of this
clause.
``(ii) For purposes of this subparagraph, each violation described
in clause (i) with respect to any single participant or beneficiary
shall be treated as a separate violation.
``(iii) No liability shall arise under this subparagraph for any
failure resulting from matters reasonably beyond the control of the
entity or the plan administrator.
``(B)(i) If, within 30 days after a request by the Secretary to an
entity described in section 104(a)(2)(B)(i) holding the assets of a
pension plan, the entity fails to provide the asset statement requested
to the Secretary, the Secretary may assess a civil penalty against the
plan administrator of up to $100 a day from the date of such failure.
``(ii) No penalty shall be imposed under this subparagraph for any
failure resulting from matters reasonably beyond the control of the
entity or the plan administrator, as determined by the Secretary in the
Secretary's sole discretion.
``(C) For purposes of this paragraph, the inclusion of materially
incorrect or incomplete information in any statement provided in
response to a request made pursuant to section 104(a)(2) shall be
treated as a failure to comply with such request.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to plan
years beginning after 180 days after the date of the enactment of this
Act.
|
Small Business Employee Retirement Protection Act of 1998 - Amends the Employee Retirement Income Security Act of 1974 to establish requirements, for pension plans covering less than 100 participants, relating to holders of plan assets and to annual asset statements.
|
{"src": "billsum_train", "title": "Small Business Employee Retirement Protection Act of 1998"}
| 1,588 | 48 | 0.51585 | 1.212325 | 0.959827 | 3.162791 | 34.488372 | 0.930233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transforming Hiring in Rural
Industries and Vital Economies Act of 2017''.
SEC. 2. WHITE HOUSE RURAL COUNCIL.
(a) Establishment.--There is established in the Executive Office of
the President a White House Rural Council (in this section referred to
as the ``Council'').
(b) Membership.--
(1) Chair.--The Secretary of Agriculture shall serve as the
Chair of the Council.
(2) Members.--The Council shall be composed of the heads of
the following:
(A) The Department of the Treasury.
(B) The Department of Defense.
(C) The Department of Justice.
(D) The Department of the Interior.
(E) The Department of Commerce.
(F) The Department of Labor.
(G) The Department of Health and Human Services.
(H) The Department of Housing and Urban
Development.
(I) The Department of Transportation.
(J) The Department of Energy.
(K) The Department of Education.
(L) The Department of Veterans Affairs.
(M) The Department of Homeland Security.
(N) The Environmental Protection Agency.
(O) The Federal Communications Commission.
(P) The Office of Management and Budget.
(Q) The Office of Science and Technology Policy.
(R) The Office of National Drug Control Policy.
(S) The Council of Economic Advisers.
(T) The Domestic Policy Council.
(U) The National Economic Council.
(V) The Small Business Administration.
(W) The Council on Environmental Quality.
(X) The White House Office of Public Engagement and
Intergovernmental Affairs.
(Y) The White House Office of Cabinet Affairs.
(Z) Any other department, agency, or office of the
executive branch as the President or Secretary of
Agriculture may designate.
(3) Designees.--Any member of the Council may designate a
senior-level official, who is employed full-time in the
department, agency, or office of such member, to carry out the
duties of the member under this section.
(c) Meetings.--Not later than six months after the date of the
enactment of this Act, and every six months thereafter, the Council
shall convene a meeting of representatives of the executive
departments, agencies, and offices represented on the Council to
develop plans to coordinate the efforts of such executive departments,
agencies, and offices and facilitate efficient services to
stakeholders. At such meetings, each such representative shall--
(1) share information regarding the rural economic
development efforts and activities of the representative's
executive department, agency, or office;
(2) identify opportunities for collaboration and
coordination of research agendas, vulnerability assessments,
data collection and analysis, and planning and implementing
rural economic development projects;
(3) identify rural economic development information needs,
research gaps, and decision support needs that are not met by
any executive department, agency, or office represented on the
Council and make available such identification for purposes of
information to be submitted to the Council;
(4) identify common and complementary goals for rural
economic development within each region to be prioritized for
the coming year and beyond;
(5) identify barriers to rural economic development
planning and implementation that can be overcome or minimized
through Federal action and specific suggestions for
improvement;
(6) evaluate progress and jointly develop a strategy for
realizing rural economic development-related goals, including
clearly identified responsibilities by each collaborating
regional office, center, or program; and
(7) share experiences and best practices in stakeholder
engagement and communication, decision support, and economic
development interactions that support the realization of
identified rural economic development goals.
(d) Duties.--The Council shall carry out the following:
(1) Coordinate with the Domestic Policy Council and the
National Economic Council to develop the policy of the Council.
(2) Coordinate with departments, agencies, and offices of
the executive branch to develop policy recommendations that
promote economic prosperity and quality of life in rural areas
(as defined by the Secretary of Agriculture) throughout the
United States.
(3) Make recommendations to the President, through the
Director of the Domestic Policy Council and the Director of the
National Economic Council, on how to best use Federal
investments in rural areas for the purpose of facilitating job
growth and economic development.
(4) Coordinate and increase the effectiveness of Federal
engagement with rural stakeholders, including agricultural
organizations, small businesses, education and training
institutions, health care providers, telecommunications
services providers, research and land grant institutions, law
enforcement, State, local, and Tribal governments, and
nongovernmental organizations regarding the needs of rural
areas throughout the United States.
(5) Coordinate Federal efforts directed toward the growth
and development of geographic regions that encompass both urban
and rural areas.
(6) Identify and facilitate rural economic opportunities
associated with energy development, outdoor recreation, and
other conservation-related activities.
(e) Administration.--The Secretary of Agriculture (or staff
designated by the Secretary) shall provide to the Council
administrative support services and additional resources, as
appropriate, to the extent permitted by law and within existing
appropriations. The Secretary shall determine the amount of funding and
personnel necessary for the Council to carry out its duties and the
amount of funding and personnel each department, agency, or office
represented on the Council should contribute in order for the Council
to carry out such duties. Such department, agency, or office shall,
upon the request of the Secretary, make available to the Council
personnel, administrative support services, and information.
(f) No Additional Funds Authorized.--No additional funds are
authorized to carry out the requirements of this section. Such
requirements shall be carried out using amounts otherwise authorized.
|
Transforming Hiring in Rural Industries and Vital Economies Act of 2017 This bill establishes the White House Rural Council within the Executive Office of the President to make recommendations and coordinate the efforts of the executive branch regarding economic development in rural areas.
|
{"src": "billsum_train", "title": "Transforming Hiring in Rural Industries and Vital Economies Act of 2017"}
| 1,173 | 51 | 0.522486 | 1.235095 | 1.029383 | 3.244444 | 26.955556 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair and Competitive Election Act''.
SEC. 2. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS
FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS.
(a) In General.--Section 315 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a), is amended by adding at the end the following
new subsection:
``(i)(1) A candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress may not, with
respect to a reporting period for an election, accept contributions
from persons other than local individual residents totaling in excess
of the total of contributions accepted from local individual residents.
``(2) As used in this subsection, the term `local individual
resident' means an individual who resides in a county, any part of
which is in the congressional district involved.
``(3)(A) Any candidate who accepts contributions that exceed the
limitation under this subsection by 5 percent or less shall refund the
excess contributions to the persons who made the contributions.
``(B) Any candidate who accepts contributions that exceed the
limitation under this subsection by more than 5 percent and less than
10 percent shall pay to the Commission, for deposit in the Treasury, an
amount equal to three times the amount of the excess contributions.
``(C) Any candidate who accepts contributions that exceed the
limitation under this subsection by 10 percent or more shall pay to the
Commission, for deposit in the Treasury, an amount equal to three times
the amount of the excess contributions plus a civil penalty in an
amount determined by the Commission.''.
(b) Effective Provision.--During any period with respect to which
subsection (i) of section 315 of the Federal Election Campaign Act of
1971, as added by subsection (a), is not in effect, such subsection
shall be effective as so added, together with the following new
paragraph:
``(3) For purposes of this subsection, an individual may not be
considered a resident of more than one congressional district.''.
SEC. 3. REDUCTION IN THE LIMITATION AMOUNT APPLICABLE TO NONPARTY
MULTICANDIDATE POLITICAL COMMITTEE CONTRIBUTIONS TO
CANDIDATES.
(a) In General.--Section 315 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a), as amended by section 1, is further amended by
adding at the end the following new subsection:
``(j) Notwithstanding subsection (a)(2)(A), no nonparty
multicandidate political committee may make contributions referred to
in that subparagraph which, in the aggregate, exceed $1,000.''.
(b) Technical Amendment.--Section 315(a)(2)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by
inserting after ``(A)'' the following: ``except as provided in
subsection (j),''.
SEC. 4. BAN ON SOFT MONEY.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following new section:
``limitations and reporting requirements for amounts paid for mixed
political activities
``Sec. 323. (a) Any payment by the national committee of a
political party or a State committee of a political party for a mixed
political activity--
``(1) shall be subject to limitation and reporting under
this Act as if such payment were an expenditure; and
``(2) may be paid only from an account that is subject to
the requirements of this Act.
``(b) As used in this section, the term `mixed political activity'
means, with respect to a payment by the national committee of a
political party or a State committee of a political party, an activity,
such as a voter registration program, a get-out-the-vote drive, or
general political advertising, that is both (1) for the purpose of
influencing an election for Federal office, and (2) for any purpose
unrelated to influencing an election for Federal office.''.
(b) Repeal of Building Fund Exception to the Definition of the Term
``Contribution''.--Section 301(8)(B) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(8)(B)) is amended--
(1) by striking out clause (viii); and
(2) by redesignating clauses (ix) through (xiv) as clauses
(viii) through (xiii), respectively.
SEC. 5. TRANSITION RULE RELATING TO EXCESS FUNDS OF CANDIDATES FOR THE
HOUSE OF REPRESENTATIVES.
A candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress, who, on the date of the
enactment of this Act, has campaign accounts containing amounts in
excess of the contribution limit under section 315(i) of the Federal
Election Campaign Act of 1971 shall deposit such excess in a separate
account subject to section 304 of the Federal Election Campaign Act of
1971. The amount so deposited shall be available for any lawful purpose
other than use, with respect to the individual for an election for the
office of Representative, in, or Delegate or Resident Commissioner to,
the Congress. For purposes of this section, excess funds are those
funds which exceed twice the amount of funds raised from local
individual residents after December 31, 1992. From the date of the
enactment of this Act until the end of the period covered by the 1994
pre-primary report a candidate may transfer excess funds from the
separate account to the campaign account so long as a majority of the
total funds contributed or transferred to the campaign account were
raised from local individual residents after December 31, 1992. No
funds may be transferred from a separate account of a candidate to a
campaign account of the candidate after the end of the period covered
by the 1994 pre-primary report.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act.
|
Fair and Competitive Election Act - Amends the Federal Election Campaign Act of 1971 to limit: (1) House of Representatives election contributions from persons other than local individual residents; (2) nonparty multicandidate political committee (PAC) candidate contributions; and (3) soft money contributions.
Sets forth a transition rule relating to excess funds for House of Representatives candidates.
|
{"src": "billsum_train", "title": "Fair and Competitive Election Act"}
| 1,405 | 76 | 0.556189 | 1.322037 | 0.631412 | 3.352113 | 17.408451 | 0.929577 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Finance Improvement Act of
2001''.
SEC. 2. EXPANDING REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS.
(a) Requiring Reporting of All Contributions of $200 or More Within
10 Days of Receipt.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434), as amended by section 502(a) of the Department
of Transportation and Related Agencies Act, 2001 (as enacted into law
by reference under section 101(a) of Public Law 106-346), is amended by
adding at the end the following new subsection:
``(e)(1) Each political committee which receives a contribution of
$200 or more shall notify the Commission of the contribution not later
than 10 days after receipt, and shall include the identification of the
contributor, the date of receipt and amount of the contribution, and
(in the case of an authorized committee of a candidate) the name of the
candidate and the office sought by the candidate.
``(2) The report required under this subsection shall be in
addition to all other reports required under this Act.''.
(b) Expanding Types of Contributions to Principal Campaign
Committees Subject to Expedited Reporting.--Section 304(a)(6)(A) of
such Act (2 U.S.C. 434(a)(6)(A)) is amended--
(1) by striking ``$1,000'' and inserting ``$200''; and
(2) by striking ``20th day'' and inserting ``90th day''.
SEC. 3. REQUIRING MAJORITY OF AMOUNT OF CONTRIBUTIONS ACCEPTED BY
CONGRESSIONAL CANDIDATES TO COME FROM IN-STATE RESIDENTS.
(a) In General.--Section 315 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a) is amended by adding at the end the following
new subsection:
``(i)(1) The total amount of contributions accepted with respect to
an election by a candidate for the office of Senator or the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress from in-State individual residents shall be at least 50
percent of the total amount of contributions accepted from all sources.
``(2) If a candidate in an election makes expenditures of personal
funds (including contributions by the candidate or the candidate's
spouse to the candidate's authorized campaign committee) in an amount
in excess of $250,000, paragraph (1) shall not apply with respect to
any opponent of the candidate in the election.
``(3) In determining the amount of contributions accepted by a
candidate for purposes of paragraph (1), the amounts of any
contributions made by a political committee of a political party shall
be allocated as follows:
``(A) 50 percent of such amounts shall be deemed to be
contributions from in-State individual residents.
``(B) 50 percent of such amounts shall be deemed to be
contributions from persons other than in-State individual
residents.
``(4) As used in this subsection, the term `in-State individual
resident' means an individual who resides in the State in which the
election involved is held.''.
(b) Reporting Requirements.--Section 304 of such Act (2 U.S.C.
434), as amended by section 2(a), is further amended by adding at the
end the following new subsection:
``(f)(1) Each principal campaign committee of a candidate for the
Senate or the House of Representatives shall include the following
information in the first report filed under subsection (a)(2) which
covers the period which begins 19 days before an election and ends 20
days after the election:
``(A) The total contributions received by the committee
with respect to the election involved from in-State individual
residents (as defined in section 315(i)(4)), as of the last day
of the period covered by the report.
``(B) The total contributions received by the committee
with respect to the election involved from all persons, as of
the last day of the period covered by the report.
``(2)(A) Each principal campaign committee of a candidate for the
Senate or the House of Representatives shall submit a notification to
the Commission of the first expenditure of personal funds (including
contributions by the candidate or the candidate's spouse to the
committee) by which the aggregate amount of personal funds expended (or
contributed) with respect to the election exceeds $250,000.
``(B) Each notification under subparagraph (A)--
``(I) shall be submitted not later than 24 hours after the
expenditure or contribution which is the subject of the
notification is made; and
``(II) shall include the name of the candidate, the office
sought by the candidate, and the date of the expenditure or
contribution and amount of the expenditure or contribution
involved.''.
(c) Penalty for Violation of Limits.--Section 309(d) of such Act (2
U.S.C. 437g(d)) is amended by adding at the end the following new
paragraph:
``(4)(A) Any candidate who knowingly and willfully accepts
contributions in excess of any limitation provided under section 315(i)
shall be fined an amount equal to the greater of 200 percent of the
amount accepted in excess of the applicable limitation or (if
applicable) the amount provided in paragraph (1)(A).
``(B) Interest shall be assessed against any portion of a fine
imposed under subparagraph (A) which remains unpaid after the
expiration of the 30-day period which begins on the date the fine is
imposed.''.
SEC. 4. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON
IDENTIFICATION OF CONTRIBUTORS.
Section 302(i) of the Federal Election Campaign Act of 1971 (2
U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and inserting
``(i)(1) Except as provided in paragraph (2), when the
treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to information
regarding the identification of any person who makes a contribution or
contributions aggregating more than $200 during a calendar year (as
required to be provided under subsection (c)(3)).''.
SEC. 5. LOWERING THRESHOLD FOR CASH CONTRIBUTIONS.
Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441g) is amended by striking ``exceed $100'' and inserting ``exceed
$20''.
SEC. 6. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a) is amended by adding at the end the following new
paragraph:
``(9)(A) For purposes of the limitations imposed by this section,
any contribution made by a dependent minor shall be treated as follows:
``(i) If the dependent minor is the dependent of one other
individual, the contribution shall be treated as a contribution
made by such other individual.
``(ii) If the dependent minor is the dependent of another
individual and such other individual's spouse, the contribution
shall be allocated among such individuals in such manner as
such other individuals may determine.
``(B) In this paragraph, the term `dependent minor' means an
individual who--
``(i) is a dependent of another individual; and
``(ii) has not, as of the time of making the contribution
involved, attained the legal age for voting in elections for
Federal office in the State in which such individual
resides.''.
SEC. 7. PROHIBITING NON-CITIZEN INDIVIDUALS FROM MAKING CONTRIBUTIONS
IN CONNECTION WITH FEDERAL ELECTIONS.
Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e(b)(2)) is amended by striking ``and who is not lawfully
admitted'' and all that follows and inserting a period.
SEC. 8. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF
POLITICAL PARTIES.
(a) Transfers of Funds by National Political Parties.--Section
304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (H);
(2) by adding ``and'' at the end of subparagraph (I); and
(3) by adding at the end the following new subparagraph:
``(J) in the case of a political committee of a
national political party, all funds transferred to any
political committee of a State or local political
party, without regard to whether or not the funds are
otherwise treated as contributions or expenditures
under this title;''.
(b) Disclosure by State Political Parties of Information Reported
Under State Law.--Section 304 of such Act (2 U.S.C. 434), as amended by
sections 2(a) and 3(b), is further amended by adding at the end the
following new subsection:
``(g) If a political committee of a State political party is
required under a State or local law, rule, or regulation to submit a
report on its disbursements to an entity of the State or local
government, the committee shall file a copy of the report with the
Commission at the time it submits the report to such an entity.''.
SEC. 9. PROHIBITING INVOLUNTARY ASSESSMENT OF EMPLOYEE FUNDS FOR
POLITICAL ACTIVITIES.
(a) In General.--Section 316 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441b) is amended by adding at the end the following
new subsection:
``(c)(1) Except with the separate, prior, written, voluntary
authorization of each individual, it shall be unlawful--
``(A) for any national bank or corporation described in
this section to collect from or assess its stockholders or
employees any dues, initiation fee, or other payment as a
condition of employment if any part of such dues, fee, or
payment will be used for political activity in which the
national bank or corporation is engaged; and
``(B) for any labor organization described in this section
to collect from or assess its members or nonmembers any dues,
initiation fee, or other payment if any part of such dues, fee,
or payment will be used for political activity in which the
labor organization is engaged.
``(2) An authorization described in paragraph (1) shall remain in
effect until revoked and may be revoked at any time. Each entity
collecting from or assessing amounts from an individual with an
authorization in effect under such paragraph shall provide the
individual with a statement that the individual may at any time revoke
the authorization.
``(3) For purposes of this subsection, the term `political
activity' means any activity carried out for the purpose of influencing
(in whole or in part) any election for Federal office, influencing the
consideration or outcome of any Federal legislation or the issuance or
outcome of any Federal regulations, or educating individuals about
candidates for election for Federal office or any Federal legislation,
law, or regulations.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to amounts collected or assessed on or after the date of the
enactment of this Act.
SEC. 10. PROHIBITING AUTHORIZED COMMITTEES OF CANDIDATES FROM ACCEPTING
CONTRIBUTIONS FROM AUTHORIZED COMMITTEES OF OTHER
CANDIDATES.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by section 3(a), is amended by adding at the end the
following new subsection:
``(j)(1) Except as provided in paragraph (2), the authorized
committee of a candidate for election for Federal office may not accept
any contribution from an authorized committee of another candidate for
election for Federal office.
``(2) Paragraph (1) does not apply to the transfer of funds between
an authorized committee of a candidate for election for Federal office
and an authorized committee of the same candidate for election for
another Federal office.''.
SEC. 11. REQUIRING FEC TO MAKE SOFTWARE AVAILABLE FOR ELECTRONIC
FILING.
Section 311(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 438(a)) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) through competitive bidding, obtain and provide for
computer software required to carry out the electronic filing
of designations, statements, and reports under this Act.''.
SEC. 12. REQUIRING BROADCASTERS TO PROVIDE FREE RESPONSE TIME TO
CANDIDATES SUBJECT TO SOFT MONEY ADVERTISEMENTS.
Section 317 of the Communications Act of 1934 (47 U.S.C. 317) is
amended--
(1) by striking ``radio station'' each place it appears and
inserting ``broadcast station''; and
(2) by adding at the end of subsection (a) the following
new paragraph:
``(3)(A) A broadcast station may not accept for broadcast any soft
money advertisement which contains the image, name, or likeness of a
candidate for election for Federal office unless the station agrees to
broadcast without charge--
``(i) if the soft money advertisement referred to or
presented the candidate in a critical or negative manner, an
advertisement provided by an authorized committee of such
candidate, under conditions (such as the time of broadcast)
similar to those under which the soft money advertisement was
broadcast; or
``(ii) if the soft money advertisement referred to or
presented the candidate in a positive manner, an advertisement
provided by an authorized committee of the candidate's opponent
in the election, under conditions (such as the time of
broadcast) similar to those under which the soft money
advertisement was broadcast.
``(B) In this paragraph, the term `soft money advertisement' means
an advertisement whose costs are financed (in whole or in part) with
funds which are not subject to the limitations, prohibitions, and
reporting requirements of title III of the Federal Election Campaign
Act of 1971, but does not include any advertisement whose costs are
entirely financed by an authorized committee of a candidate for
election for Federal office.
``(C) In this paragraph, the terms `authorized committee',
`candidate', `election', and `Federal office' have the meaning given
such terms in section 301 of the Federal Election Campaign Act of 1971
(2 U.S.C. 431).''.
SEC. 13. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
apply with respect to elections and transactions occurring after
December 31, 2002.
|
Campaign Finance Improvement Act of 2001 - Amends the Federal Election Campaign Act of 1971 (FECA), as amended by the Department of Transportation and Related Agencies Act, 2001, to require the Federal Election Commission (FEC) to: (1) require each political committee which receives a contribution of $200 or more to report it to the FEC; (2) require at least 50 percent of contributions accepted by candidates for the House of Representatives or the Senate to come from in-State residents; (3) require the principal campaign committees of such candidates to report to the FEC the total contributions received from in-State residents; (4) waive the "best efforts" exception and require the identification of any person who makes a contribution or contributions aggregating more than $200 annually; (5) lower the aggregate limit on U.S. and foreign cash contributions; (6) outline requirements for the treatment of contributions made by dependent minors; (7) redefine foreign national to include any individual who is not a U.S. citizen, regardless of whether admitted to the United States lawfully; and (8) require disclosure by a political committee of a national political party of all funds transferred to any political committee of a State or local political party, without regard to whether or not they are treated as contributions or expenditures subject to FECA limits (that is, disclosure of soft money funds transfers).Makes it unlawful, except with the authorization of each individual, for: (1) national banks or corporations to collect from or assess their stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess their members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged.Prohibits an authorized committee of a candidate for Federal office from accepting any contribution from an authorized committee of another candidate for Federal office except with regard to the transfer of funds between an authorized committee of a candidate for Federal office and an authorized committee of the same candidate for another Federal office.Requires the FEC to obtain and provide for the computer software required to carry out electronic filings under FECA.Amends the Communications Act of 1934 to prohibit a broadcast station from accepting for broadcast any soft money advertisement which contains the image, name, or likeness of a Federal election candidate unless the station agrees to broadcast without charge advertisements: (1) of the candidate's authorized committee, if the soft money advertisement was critical; or (2) of the authorized committee of the candidate's opponent, if the soft money advertisement was positive.
|
{"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to reform the financing of campaigns for election for Federal office, and for other purposes."}
| 3,435 | 591 | 0.555013 | 1.770099 | 0.657121 | 4.80334 | 5.654917 | 0.922078 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farmer and Entrepreneur Estate Tax
Relief Act of 1997''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The economy of the United States cannot achieve strong,
sustained growth without adequate levels of savings to fuel
productive activity. Inadequate savings have been shown to lead
to lower productivity, stagnating wages and reduced standards
of living.
(2) Savings levels in the United States have steadily
declined over the past 25 years, and have lagged behind the
industrialized trading partners of the United States.
(3) These anemic savings levels have contributed to the
country's long-term downward trend in real economic growth,
which averaged close to 3.5 percent over the last 100 years but
has slowed to 2.4 percent over the past quarter century.
(4) Congress should work toward reforming the entire
Federal tax code to end its bias against savings by eliminating
the income tax and capital gains tax and replacing them with a
broad-based consumption tax. A broad-based retail consumption
tax is the most effective tax system because it encourages
savings, is fair, its simple to comply with and to administer,
and it fosters exports.
(5) Repealing the estate and gift tax would contribute to
the goals of expanding savings and investment, boosting
entrepreneurial activity, and expanding economic growth. The
estate tax is harmful to the economy because of its high
marginal rates and its multiple taxation of income.
(6) The repeal of the inheritance tax would increase the
growth of the small business sector, which creates a majority
of new jobs in our Nation. Estimates indicate that as many as
70 percent of small businesses do not make it to a second
generation and nearly 90 percent do not make it to a third.
(7) Eliminating the inheritance tax would lift the
compliance burden from farmers and family businesses. On
average, family-owned businesses spent over $33,000 on
accountants, lawyers, and financial experts in complying with
the estate tax laws over a 6.5-year period.
(8) Abolishing the inheritance tax would benefit the
preservation of family farms. Nearly 95 percent of farms and
ranches are owned by sole proprietors or family partnerships,
subjecting most of these estates to inheritance taxes upon the
death of the owner. Due to the capital intensive nature of
farming and its low return on investment, many farm estates do
not have the necessary liquidity to meet their estate tax
liability and are forced to sell their land.
(9) As the average age of farmers approaches 60 years, it
is estimated that a quarter of all farmers could confront the
inheritance tax over the next 20 years. The auctioning of these
productive assets to finance tax liabilities destroys jobs and
harms the economy.
(10) Abolishing the inheritance taxes would restore a
measure of fairness to our Federal tax system. Families should
be able to pass on the fruits of the labor to the next
generation without realizing a taxable event.
(11) Despite this heavy burden on entrepreneurs, farmers,
and our entire economy, estate and gift taxes collect only
about 1 percent of our Federal tax revenues. In fact, the
estate tax may not raise any revenue at all, because more
income tax is lost from individuals attempting to avoid estate
taxes than is ultimately collected at death.
(12) Repealing estate and gift taxes is supported by the
White House Conference on Small Business, the Kemp Commission
on Tax Reform, and 60 small business advocacy organizations.
SEC. 3. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDIT.
(a) Estate Tax Credit.--
(1) In general.--Subsection (a) of section 2010 of the
Internal Revenue Code (relating to unified credit against
estate tax) is amended by striking ``$192,800'' and inserting
``the applicable credit amount''.
(2) Applicable credit amount.--Section 2010 of such Code is
amended by redesignating subsection (c) as subsection (d) and
by inserting after subsection (b) the following new subsection:
``(c) Applicable Credit Amount.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax which would
be determined under the rate schedule set forth in section 2001(c) if
the amount with respect to which such tentative tax is to be computed
were the applicable exclusion amount determined in accordance with the
following table:
In the case of estate of decedents The applicable exclusion amount is:
dying, and gifts made,
during:
1998 and thereafter.......................... $5,000,000.''.
(3) Conforming amendment.--
(A) Section 6018(a)(1) of such Code is amended by
striking ``$600,000'' and inserting ``the applicable
exclusion amount in effect under section 2010(c) for
the calendar year which includes the date of death''.
(B) Section 2001(c)(2) of such Code is amended by
striking ``$21,040,000'' and inserting ``the amount at
which the average tax rate under this section is 55
percent''.
(C) Section 2102(c)(3)(A) of such Code is amended
by striking ``$192,800'' and inserting ``the applicable
credit amount in effect under section 2010(c) for the
calendar year which includes the date of death''.
(b) Unified Gift Tax Credit.--Section 2505(a)(1) of the Internal
Revenue Code of 1986 (relating to unified credit against gift tax) is
amended by striking ``$192,800'' and inserting ``the applicable credit
amount in effect under section 2010(c) for such calendar year''.
(c) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and gifts made, after December
31, 1997.
|
Farmer and Entrepreneur Estate Tax Relief Act of 1997 - Amends the Internal Revenue Code to increase the unified estate and gift tax credit.
|
{"src": "billsum_train", "title": "Farmer and Entrepreneur Estate Tax Relief Act of 1997"}
| 1,254 | 31 | 0.40753 | 1.0445 | 0.587071 | 4.16 | 47.24 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Opportunity Act of
2007''.
SEC. 2. HIGHER EDUCATION OPPORTUNITY CREDIT.
(a) In General.--Section 25A of the Internal Revenue Code of 1986
(relating to Hope and Lifetime Learning credits) is amended to read as
follows:
``SEC. 25A. HIGHER EDUCATION OPPORTUNITY CREDIT.
``(a) Allowance of Credit.--In the case of any eligible student for
whom an election is in effect under this section for any taxable year,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year in an amount equal to the sum of--
``(1) 100 percent of so much of the qualified tuition and
related expenses paid by the taxpayer during the taxable year
(for education furnished to the eligible student during any
academic period beginning in such taxable year) as does not
exceed $1,000,
``(2) 50 percent of so much of such expenses as exceeds
$1,000 but does not exceed $3,000, and
``(3) 20 percent of so much of such expenses as exceeds
$3,000 but does not exceed $5,500.
``(b) Limitations.--
``(1) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount which would (but for
this paragraph) be taken into account under subsection
(a) for the taxable year shall be reduced (but not
below zero) by the amount determined under subparagraph
(B).
``(B) Amount of reduction.--The amount determined
under this subparagraph is the amount which bears the
same ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $70,000 ($140,000 in the
case of a joint return), bears to
``(ii) $20,000 ($40,000 in the case of a
joint return).
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(2) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section and sections 23, 24,
and 25B) and section 27 for the taxable year.
``(3) Credit allowed only for 3 eligible students.--The
credit under subsection (a) to any taxpayer shall not be
allowed with respect to more than 3 eligible students for any
taxable year.
``(4) Other limitations.--
``(A) Credit allowed only for 4 taxable years.--An
election to have this section apply with respect to any
eligible student may not be made for any taxable year
if such an election (by the taxpayer or any other
individual) is in effect with respect to such student
for any 4 prior taxable years.
``(B) Credit allowed for year only if individual is
at least 1/2 time student for portion of year.--The
credit under subsection (a) shall not be allowed for a
taxable year with respect to the qualified tuition and
related expenses of an individual unless such
individual is an eligible student for at least one
academic period which begins during such year.
``(C) Denial of credit if student convicted of a
felony drug offense.--The credit under subsection (a)
shall not be allowed for qualified tuition and related
expenses for the enrollment or attendance of a student
for any academic period if such student has been
convicted of a Federal or State felony offense
consisting of the possession or distribution of a
controlled substance before the end of the taxable year
with or within which such period ends.
``(c) Definitions.--For purposes of this subsection--
``(1) Eligible student.--The term `eligible student' means,
with respect to any academic period, a student who--
``(A) meets the requirements of section 484(a)(1)
of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(1)), as in effect on the date of the enactment
of the Taxpayer Relief Act of 1997, and
``(B) is carrying at least 1/2 the normal full-time
work load for the course of study the student is
pursuing.
``(2) Qualified tuition and related expenses.--
``(A) In general.--The term `qualified tuition and
related expenses' means tuition and fees required for
the enrollment or attendance of an eligible student who
is--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151,
at an eligible educational institution for courses of
instruction of such individual at such institution.
``(B) Inclusion of certain expenses for books.--
``(i) In general.--For purposes of
subparagraph (A), tuition and fees shall
include 50 percent of amounts paid or incurred
for books.
``(ii) Limitation.--The amount of tuition
and fees taken into account under subparagraph
(A) by reason of clause (i) for any taxable
year shall not exceed $250 with respect to any
eligible student.
``(C) Exception for education involving sports,
etc.--Such term does not include expenses with respect
to any course or other education involving sports,
games, or hobbies, unless such course or other
education is part of the individual's degree program.
``(D) Exception for nonacademic fees.--Such term
does not include student activity fees, athletic fees,
insurance expenses, or other expenses unrelated to an
individual's academic course of instruction.
``(3) Eligible educational institution.--The term `eligible
educational institution' means an institution--
``(A) which is described in section 481 of the
Higher Education Act of 1965 (20 U.S.C. 1088), as in
effect on the date of the enactment of the Taxpayer
Relief Act of 1997, and
``(B) which is eligible to participate in a program
under title IV of the Higher Education Act of 1965.
``(d) Election Not To Have Section Apply.--A taxpayer may elect not
to have this section apply with respect to the qualified tuition and
related expenses of an individual for any taxable year.
``(e) Special Rules.--
``(1) Identification requirement.--No credit shall be
allowed under subsection (a) to a taxpayer with respect to the
qualified tuition and related expenses of an individual unless
the taxpayer includes the name and taxpayer identification
number of such individual on the return of tax for the taxable
year.
``(2) Adjustment for certain scholarships, etc.--The amount
of qualified tuition and related expenses otherwise taken into
account under subsection (a) with respect to an individual for
an academic period shall be reduced (before the application of
subsections (a), (b), and (c)) by the sum of any amounts paid
for the benefit of such individual which are allocable to such
period as--
``(A) a qualified scholarship which is excludable
from gross income under section 117,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or under chapter 1606 of title 10, United
States Code, and
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for such individual's educational expenses, or
attributable to such individual's enrollment at an
eligible educational institution, which is excludable
from gross income under any law of the United States.
``(3) Treatment of expenses paid by dependent.--If a
deduction under section 151 with respect to an individual is
allowed to another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year begins--
``(A) no credit shall be allowed under subsection
(a) to such individual for such individual's taxable
year, and
``(B) qualified tuition and related expenses paid
by such individual during such individual's taxable
year shall be treated for purposes of this section as
paid by such other taxpayer.
``(4) Treatment of certain prepayments.--If qualified
tuition and related expenses are paid by the taxpayer during a
taxable year for an academic period which begins during the
first 3 months following such taxable year, such academic
period shall be treated for purposes of this section as
beginning during such taxable year.
``(5) Denial of double benefit.--No credit shall be allowed
under this section for any expense for which a deduction is
allowed under any other provision of this chapter.
``(6) No credit for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(7) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(f) Inflation Adjustments.--
``(1) Dollar limitation on amount of credit.--
``(A) In general.--In the case of a taxable year
beginning after 2008, each of the dollar amounts under
subsection (a) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2007'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $100, such amount
shall be rounded to the next lowest multiple of $100.
``(2) Income limits.--
``(A) In general.--In the case of a taxable year
beginning after 2008, the $70,000 and $140,000 amounts
in subsection (b)(1)(B) shall each be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2007'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $1,000, such
amount shall be rounded to the next lowest multiple of
$1,000.
``(g) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out this section, including
regulations providing for a recapture of the credit allowed under this
section in cases where there is a refund in a subsequent taxable year
of any amount which was taken into account in determining the amount of
such credit.''.
(b) Repeal of Deduction for Qualified Tuition and Related
Expenses.--
(1) In general.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by striking
section 222 (relating to qualified tuition and related
expenses).
(2) Clerical amendment.--The table of section for part VII
of subchapter B of chapter 1 of such Code is amended by
striking the item relating to section 222.
(c) Conforming Amendments.--
(1) Paragraph (1) of section 26(a) of the Internal Revenue
Code of 1986 is amended by inserting ``25A,'' after ``24,''.
(2) Section 62(a) of such Code is amended by striking
paragraph (18).
(3) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``section 25A(e)(2)''.
(4) Section 221(d) of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in paragraph
(2)(B) and inserting ``section 25A(e)(2)'',
(B) by striking ``section 25A(f)(2)'' in paragraph
(2)(B) and inserting ``section 25A(c)(3)'', and
(C) by striking ``section 25A(b)(3)'' in paragraph
(3) and inserting ``section 25A(c)(1)''.
(5) Section 529 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in subclause
(I) of subsection (c)(3)(B)(v) and inserting ``section
25(e)(2)'', and
(B) by striking ``section 25A(b)(3)'' in clause (i)
of subsection (e)(3)(B) and inserting ``section
25A(c)(1)''.
(6) Section 530 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in subclause
(I) of subsection (d)(2)(C)(i) and inserting ``section
25A(e)(2)'', and
(B) by striking ``section 25A(g)(2)'' in clause
(iii) of subsection (d)(4)(B) and inserting ``section
25A(e)(2)''.
(7) Section 1400O of such Code is amended by adding at the
end the following flush sentence:
``For purposes of this section, any reference to section 25A shall be
treated as a reference to such section before the date of the enactment
of this sentence.''.
(8) Subsection (e) of section 6050S of such Code is amended
by striking ``(without regard to subsection (g)(2) thereof)''
and inserting ``(without regard to subsection (e)(2)
thereof)''.
(9) Subparagraph (J) of section 6213(g)(2) of such Code is
amended by striking ``section 25A(g)(1)'' and inserting
``section 25A(e)(1)''.
(10) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 25A and inserting the following:
``Sec. 25A. Higher education opportunity credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2007 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date.
|
Higher Education Opportunity Act of 2007 - Amends the Internal Revenue Code to replace the hope and lifetime learning tax credits with a higher education opportunity tax credit.
Allows a higher education opportunity tax credit for 100% of qualified tuition and related expenses (including a certain allowance for books) up to $1,000, 50% for such expenses between $1,000 and $3,000, and 20% of such expenses between $3,000 and $5,500. Reduces credit amounts for taxpayers with modified adjusted gross incomes over $70,000 ($140,000 in the case of a joint return).
Limits such credit to three eligible students per taxpayer in any taxable year and for four taxable years.
Denies such credit to certain part-time students and students convicted of a felony drug offense.
Repeals the tax deduction for qualified tuition and related expenses.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a higher education opportunity credit in place of existing education tax incentives."}
| 3,458 | 172 | 0.623342 | 1.614024 | 0.779211 | 2.53125 | 19.4875 | 0.88125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dividend Incentive and Tax
Simplification Act of 2002''.
SEC. 2. DEDUCTION FOR DIVIDENDS PAID.
(a) In General.--Part VIII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to special deductions for
corporations) is amended by adding at the end the following new
section:
``SEC. 250. DIVIDENDS PAID BY CORPORATIONS.
``(a) In General.--In the case of a domestic corporation, there
shall be allowed as a deduction for the taxable year an amount equal to
the amount of dividends paid during the taxable year.
``(b) Exceptions.--Subsection (a) shall not apply to--
``(1) any dividend from--
``(A) a regulated investment company,
``(B) a real estate investment trust, or
``(C) an S corporation,
``(2) any dividend of a corporation which for the taxable
year of the corporation in which the distribution is made is a
corporation exempt from tax under section 521 (relating to
farmers' cooperative associations), and
``(3) any dividend described in section 404(k).
``(c) Disallowance of Dividends Received Deduction.--In the case of
the deduction allowed by subsection (a) with respect to any dividend,
no deduction shall be allowed under any other provision of this part
with respect to such dividend.''.
(b) Clerical Amendment.--The table of sections for part VIII of
subchapter B of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 250. Dividends paid by
corporations.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 3. DIVIDENDS RECEIVED BY INDIVIDUALS TAXED AT CAPITAL GAIN RATES.
(a) In General.--Subsection (h) of section 1 of the Internal
Revenue Code of 1986 (relating to maximum capital gains rate) is
amended by adding at the end the following new paragraph:
``(13) Dividends taxed as net capital gain.--
``(A) In general.--For purposes of this subsection,
the term `net capital gain' means net capital gain
(determined without regard to this paragraph) increased
by qualified dividend income.
``(B) Qualified dividend income.--For purposes of
this paragraph, the term `qualified dividend income'
means dividends received from domestic corporations
during the taxable year other than--
``(i) any dividend from a corporation which
for the taxable year of the corporation in
which the distribution is made, or the
preceding taxable year, is a corporation exempt
from tax under section 501 or 521,
``(ii) any dividend from a real estate
investment trust which, for the taxable year in
which the dividend is paid, qualified under
part II of subchapter M,
``(iii) any amount allowed as a deduction
under section 591 (relating to deduction for
dividends paid by mutual savings banks, etc.),
``(iv) any dividend described in section
404(k),
``(v) any dividend on any share of stock
with respect to which the holding period
requirements of section 246(c) are not met, and
``(vi) any dividend which the taxpayer
takes into account as investment income under
section 163(d)(4)(B).
``(C) Special rule for nonresident aliens.--In the
case of a nonresident alien individual, subparagraph
(A) shall apply only--
``(i) in determining the tax imposed for
the taxable year pursuant to section 871(b) and
only in respect of dividends which are
effectively connected with the conduct of a
trade or business within the United States, and
``(ii) in determining the tax imposed for
the taxable year pursuant to section 877.
``(D) Treatment of dividends from regulated
investment companies.--
``For treatment of dividends from
regulated investment companies, see section 854.''.
(b) Treatment of Dividends From Regulated Investment Companies.--
(1) Subsection (a) of section 854 of such Code is amended
by inserting ``section 1(h)(13) (relating to maximum rate of
tax on dividends) and'' after ``For purposes of''.
(2) Paragraph (1) of section 854(b) of such Code is amended
by redesignating subparagraph (B) as subparagraph (C) and by
inserting after subparagraph (A) the following new
subparagraph:
``(B) Maximum rate under section 1(h).--
``(i) In general.--If the aggregate
dividends received by a regulated investment
company during any taxable year are less than
95 percent of its gross income, then, in
computing the maximum rate under section
1(h)(13), rules similar to the rules of
subparagraph (A) shall apply.
``(ii) Gross income.--For purposes of
clause (i), in the case of 1 or more sales or
other dispositions of stock or securities, the
term `gross income' includes only the excess
of--
``(I) the net short-term capital
gain from such sales or dispositions,
over
``(II) the net long-term capital
loss from such sales or
dispositions.''.
(3) Subparagraph (C) of section 854(b)(1) of such Code, as
redesignated by paragraph (2), is amended by striking
``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''.
(4) Paragraph (2) of section 854(b) of such Code is amended
by inserting ``the maximum rate under section 1(h)(13) and''
after ``for purposes of''.
(c) Exclusion of Dividends From Investment Income.--Subparagraph
(B) of section 163(d)(4) of such Code is amended by adding at the end
the following flush sentence:
``Such term shall include qualified dividend income (as
defined in section 1(h)(13)(B)) only to the extent the
taxpayer elects to treat such income as investment
income for purposes of this subsection.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
|
Dividend Incentive and Tax Simplification Act of 2002 - Amends the Internal Revenue Code to: (1) allow, for a corporation, a deduction for dividends paid; and (2) tax dividends received by individuals as capital gain.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to give a deduction to corporations for dividends paid and to exclude dividends from gross income."}
| 1,489 | 52 | 0.631976 | 1.257222 | 0.690793 | 2.431818 | 29.5 | 0.931818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive National Mercury
Monitoring Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mercury is a potent neurotoxin of significant
ecological and public health concern;
(2) exposure to mercury occurs largely by consumption of
contaminated fish, and children and women of childbearing age
who consume large quantities of fish are at high risk of
suffering adverse effects;
(3) it is estimated that more than 630,000 children born
each year in the United States are exposed to elevated methyl
mercury in the womb and are at risk of impaired neurological
development;
(4) 8 percent of women in the United States of childbearing
age have blood mercury levels in excess of values determined to
be safe by the Environmental Protection Agency;
(5) as of 2004, fish consumption advisories due to mercury
contamination have been issued for 44 States, including 21
statewide advisories for freshwater and 12 statewide advisories
for coastal water;
(6) those advisories represent more than 52,000 square
kilometers of lakes and 1,230,000 kilometers of rivers;
(7) fish and shellfish are an important source of dietary
protein, and a healthy fishing resource is important to the
economy of the United States;
(8) the extent of fish consumption advisories underscores
the extensive human and ecological health risk posed by mercury
pollution;
(9) the interaction of mercury with the environment and
bioaccumulation in biota are not fully understood;
(10) computer models and other assessment tools predict
varying effectiveness in reducing mercury concentrations in
fish, and no broad-scale data sets exist to test model
predictions;
(11) in September 2003, the Society of Environmental
Toxicology and Chemistry convened a workshop of 32 mercury
scientists to develop a system to measure and document changes
resulting from reductions in mercury emissions in the United
States;
(12) on January 1, 2005, an article entitled ``Monitoring
the Response to Changing Mercury Deposition''--
(A) was published in the periodical Environmental
Science and Technology; and
(B) proposed a ``holistic, multimedia, long-term
mercury monitoring program'';
(13) many regulations limiting mercury emissions have taken
effect or will soon be promulgated, but scientists are not
adequately measuring the environmental benefits of reduced
mercury emissions;
(14) on May 18, 2005, the Administrator of the
Environmental Protection Agency, using results generated by a
computer model that were not peer reviewed or verified by
actual measurements, finalized the Clean Air Mercury Rule (70
Fed. Reg. 28606 (May 18, 2005));
(15) as governments advance proposals for the regulation of
mercury and mercury emissions, the governments should document
whether regulations already or soon to be in effect achieve the
desired results;
(16) on May 15, 2006, the Office of Inspector General of
the Environmental Protection Agency issued a report entitled,
``Monitoring Needed to Assess Impact of EPA's Clean Air Mercury
Rule (CAMR) on Potential Hotspots'', and numbered 2006-P-0025,
that states, in part--
(A) ``Without field data from an improved
monitoring network, EPA's ability to advance mercury
science will be limited and `utility-attributable'
hotspots that pose health risks may occur and go
undetected''; and
(B) ``We recommend that EPA develop and implement a
mercury monitoring plan to (1) assess the impact of
CAMR, if adopted, on mercury deposition and fish
tissue; and (2) evaluate and refine mercury estimation
tools and models'';
(17) on January 9, 2007, numerous individuals published a
paper in the journal entitled ``BioScience'' that identified
the location of biological mercury hotspots in the northeastern
region of the United States and the southeastern region of
Canada, including--
(A) David Evers and Wing Goodale of the
BioDiversity Research Institute in Gorham, Maine;
(B) Charles Driscoll of Syracuse University;
(C) Kathleen Fallon Lambert of the Hubbard Brook
Research Foundation in Hanover, New Hampshire;
(D) Neil Kamman of the Vermont Department of
Environmental Conservation; and
(E) other concerned individuals;
(18) on January 9, 2007, Charles Driscoll and other
concerned individuals published a paper in the journal entitled
``BioScience'' that established a link between--
(A) mercury contamination in forest and freshwater
ecosystems located in the northeastern region of the
United States; and
(B) mercury emissions generated by electric
utilities, incinerators, and industrial processes; and
(19) those papers published in the journal entitled
``BioScience''--
(A) demonstrated the importance of the use of
mercury measurements in addition to modeling results;
and
(B) indicated the need for a comprehensive
nationwide mercury monitoring program.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory committee.--The term ``Advisory Committee''
means the Mercury Monitoring Advisory Committee established by
section 5(a).
(3) Ecoregion.--The term ``ecoregion'' means a large area
of land and water that contains a geographically distinct
assemblage of natural communities, including similar land
forms, climate, ecological processes, and vegetation.
(4) Mercury export.--The term ``mercury export'' means
mercury flux from a watershed to the corresponding water body,
or from 1 water body to another (e.g. a lake to a river),
generally expressed as mass per unit time.
(5) Mercury flux.--The term ``mercury flux'' means the rate
of transfer of mercury between ecosystem components (e.g.
between water and air), or between portions of ecosystem
components, expressed in terms of mass per unit time or mass
per unit area per time.
(6) Surface sediment.--The term ``surface sediment'' means
sediment in the uppermost 2 centimeters of a lakebed or
riverbed.
SEC. 4. MONITORING PROGRAM.
(a) Establishment.--
(1) In general.--The Administrator, in consultation with
the United States Fish and Wildlife Service, the United States
Geological Survey, the Forest Service, the National Park
Service, and the National Oceanic and Atmospheric
Administration, shall establish a national-scale mercury
monitoring program.
(2) Monitoring sites.--In carrying out paragraph (1), not
later than 1 year after the date of enactment of this Act, the
Administrator shall select multiple monitoring sites in
ecoregions of the United States.
(b) Air and Watersheds.--The program under this section shall
monitor long-term changes in mercury levels in the air and watersheds,
including--
(1) at such locations or portions of locations selected
under subsection (a)(2) as the Administrator determines to be
appropriate, the measurement and recording of--
(A) wet mercury deposition;
(B) dry deposition of mercury; and
(C) mercury flux and mercury export; and
(2) at all locations selected under subsection (a)(2), the
measurement and recording of the level of mercury reemitted
from aquatic and terrestrial environments into the atmosphere.
(c) Water and Soil Chemistry.--The program under this section shall
monitor mercury levels in water and soil chemistry, including--
(1) at such locations or portions of locations selected
under subsection (a)(2) as the Administrator determines to be
appropriate--
(A) extraction and analysis of sediment cores; and
(B) measurement and recording of total mercury
concentrations and methyl mercury concentrations
throughout the water column; and
(2) at all locations selected under subsection (a)(2)--
(A) measurement and recording of total mercury
concentration, methyl mercury concentration, and
percent methyl mercury in surface sediments; and
(B) measurement and recording of total mercury
concentration and methyl mercury concentration in
surface water.
(d) Aquatic Plants and Animals.--The program under this section
shall monitor mercury levels in plants and animals, including--
(1) at all locations selected under subsection (a)(2),
measurement and recording of--
(A) methyl mercury levels in yearling fish;
(B) mercury levels, and other scientific data
relevant to assessment of the health of the fish
population, in commercially or recreationally important
fish; and
(C) mercury levels in the appropriate tissue in
reptiles, amphibians, birds, and mammals; and
(2) at such locations or portions of locations selected
under subsection (a)(2) as the Administrator determines to be
appropriate, measurement and recording of mercury levels in
phytoplankton, algae, zooplankton, and benthic invertebrates.
SEC. 5. ADVISORY COMMITTEE.
(a) Establishment.--There is established a scientific advisory
committee, to be known as the ``Mercury Monitoring Advisory
Committee'', to advise the Administrator with respect to the
establishment and operation (including the location of sampling sites)
of the national mercury monitoring program under this Act.
(b) Membership.--The Advisory Committee shall consist of at least
13 scientists who are not employees of the Federal Government,
including--
(1) 3 scientists appointed by the Administrator;
(2) 2 scientists appointed by the Director of the United
States Fish and Wildlife Service;
(3) 2 scientists appointed by the Director of the National
Park Service;
(4) 2 scientists appointed by the Director of the Forest
Service;
(5) 2 scientists appointed by the Director of the United
States Geological Survey; and
(6) 2 scientists appointed by the Administrator of the
National Oceanic and Atmospheric Administration.
SEC. 6. REPORTS AND PUBLIC DISCLOSURE.
(a) Reports.--
(1) Biennial report.--Not later than 2 years after the date
of enactment of this Act, and every 2 years thereafter, the
Administrator shall submit to Congress a report on the program
under this Act.
(2) Quadrennial assessment.--In the second biennial report
submitted under paragraph (1), and in the biennial report
submitted every 4 years thereafter, the Administrator shall
include an assessment of the reduction in mercury deposition
rates that would be required to be achieved in order to prevent
adverse ecological effects.
(b) Availability of Data.--The Administrator shall make all data
obtained pursuant to this Act available to the public.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) for fiscal year 2008--
(A) to the Environmental Protection Agency
$9,000,000;
(B) to the United States Geological Survey
$4,500,000;
(C) to the United States Fish and Wildlife Service
$4,500,000; and
(D) to the National Oceanic and Atmospheric
Administration $1,000,000;
(2) for fiscal year 2009--
(A) to the Environmental Protection Agency
$6,000,000;
(B) to the United States Geological Survey
$3,000,000;
(C) to the United States Fish and Wildlife Service
$3,000,000; and
(D) to the National Oceanic and Atmospheric
Administration $1,000,000;
(3) for fiscal year 2010--
(A) to the Environmental Protection Agency
$6,500,000;
(B) to the United States Geological Survey
$3,250,000;
(C) to the United States Fish and Wildlife Service
$3,250,000; and
(D) to the National Oceanic and Atmospheric
Administration $1,000,000; and
(4) such sums as are necessary for each of fiscal years
2011 through 2013 to--
(A) the Environmental Protection Agency;
(B) the United States Geological Survey;
(C) the United States Fish and Wildlife Service;
and
(D) the National Oceanic and Atmospheric
Administration.
|
Comprehensive National Mercury Monitoring Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a national-scale mercury monitoring program. Requires such program to monitor: (1) long-term changes in mercury levels in the air and watersheds; (2) mercury levels in water and soil chemistry; and (3) mercury levels in plants and animals.
Establishes the Mercury Monitoring Advisory Committee to advise the Administrator on the establishment and operation of the program.
|
{"src": "billsum_train", "title": "A bill to provide for the establishment of a national mercury monitoring program."}
| 2,536 | 97 | 0.530204 | 1.323309 | 1.058243 | 4.637363 | 26.417582 | 0.967033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil and Gas Industry Antitrust Act
of 2006''.
SEC. 2. PROHIBITION ON UNILATERAL WITHHOLDING.
The Clayton Act (15 U.S.C. 12 et seq.) is amended--
(1) by redesignating section 28 as section 29; and
(2) by inserting after section 27 the following:
``SEC. 28. OIL AND NATURAL GAS.
``(a) In General.--Except as provided in subsection (b), it shall
be unlawful for any person to refuse to sell, or to export or divert,
existing supplies of petroleum, gasoline, or other fuel derived from
petroleum, or natural gas with the primary intention of increasing
prices or creating a shortage in a geographic market.
``(b) Considerations.--In determining whether a person who has
refused to sell, or exported or diverted, existing supplies of
petroleum, gasoline, or other fuel derived from petroleum or natural
gas has done so with the intent of increasing prices or creating a
shortage in a geographic market under subsection (a), the court shall
consider whether--
``(1) the cost of acquiring, producing, refining,
processing, marketing, selling, or otherwise making such
products available has increased; and
``(2) the price obtained from exporting or diverting
existing supplies is greater than the price obtained where the
existing supplies are located or are intended to be shipped.''.
SEC. 3. REVIEW OF CLAYTON ACT.
(a) In General.--The Attorney General and the Chairman of the
Federal Trade Commission shall conduct a study, including a review of
the report submitted under section 4, regarding whether section 7 of
the Clayton Act should be amended to modify how that section applies to
persons engaged in the business of exploring for, producing, refining,
or otherwise processing, storing, marketing, selling, or otherwise
making available petroleum, gasoline or other fuel derived from
petroleum, or natural gas.
(b) Report.--Not later than 270 days after the date of enactment of
this Act, the Attorney General and the Chairman of the Federal Trade
Commission shall submit a report to Congress regarding the findings of
the study conducted under subsection (a), including recommendations and
proposed legislation, if any.
SEC. 4. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Definition.--In this section, the term ``covered consent
decree'' means a consent decree--
(1) to which either the Federal Trade Commission or the
Department of Justice is a party;
(2) that was entered by the district court not earlier than
10 years before the date of enactment of this Act;
(3) that required divestitures; and
(4) that involved a person engaged in the business of
exploring for, producing, refining, or otherwise processing,
storing, marketing, selling, or otherwise making available
petroleum, gasoline or other fuel derived from petroleum, or
natural gas.
(b) Requirement for a Study.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General of the United
States shall conduct a study evaluating the effectiveness of
divestitures required under covered consent decrees.
(c) Requirement for a Report.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General shall submit a
report to Congress, the Federal Trade Commission, and the Department of
Justice regarding the findings of the study conducted under subsection
(b).
(d) Federal Agency Consideration.--Upon receipt of the report
required by subsection (c), the Attorney General or the Chairman of the
Federal Trade Commission, as appropriate, shall consider whether any
additional action is required to restore competition or prevent a
substantial lessening of competition occurring as a result of any
transaction that was the subject of the study conducted under
subsection (b).
SEC. 5. JOINT FEDERAL AND STATE TASK FORCE.
The Attorney General and the Chairman of the Federal Trade
Commission shall establish a joint Federal-State task force, which
shall include the attorney general of any State that chooses to
participate, to investigate information sharing (including through the
use of exchange agreements and commercial information services) among
persons in the business of exploring for, producing, refining, or
otherwise processing, storing, marketing, selling, or otherwise making
available petroleum, gasoline or other fuel derived from petroleum, or
natural gas (including any person about which the Energy Information
Administration collects financial and operating data as part of its
Financial Reporting System).
SEC. 6. NO OIL PRODUCING AND EXPORTING CARTELS.
(a) Short Title.--This section may be cited as the ``No Oil
Producing and Exporting Cartels Act of 2006'' or ``NOPEC''.
(b) Sherman Act.--The Sherman Act (15 U.S.C. 1 et seq.) is
amended--
(1) by redesignating section 8 as section 9; and
(2) by inserting after section 7 the following:
``SEC. 8. OIL PRODUCING CARTELS.
``(a) In General.--It shall be illegal and a violation of this Act
for any foreign state, or any instrumentality or agent of any foreign
state, in the circumstances described in subsection (b), to act
collectively or in combination with any other foreign state, any
instrumentality or agent of any other foreign state, or any other
person, whether by cartel or any other association or form of
cooperation or joint action--
``(1) to limit the production or distribution of oil,
natural gas, or any other petroleum product;
``(2) to set or maintain the price of oil, natural gas, or
any petroleum product; or
``(3) to otherwise take any action in restraint of trade
for oil, natural gas, or any petroleum product.
``(b) Circumstances.--The circumstances described in this
subsection are an instance when an action, combination, or collective
action described in subsection (a) has a direct, substantial, and
reasonably foreseeable effect on the market, supply, price, or
distribution of oil, natural gas, or other petroleum product in the
United States.
``(c) Sovereign Immunity.--A foreign state engaged in conduct in
violation of subsection (a) shall not be immune under the doctrine of
sovereign immunity from the jurisdiction or judgments of the courts of
the United States in any action brought to enforce this section.
``(d) Inapplicability of Act of State Doctrine.--No court of the
United States shall decline, based on the act of state doctrine, to
make a determination on the merits in an action brought under this
section.
``(e) Enforcement.--The Attorney General of the United States may
bring an action to enforce this section in any district court of the
United States as provided under the antitrust laws, as defined in
section 1(a) of the Clayton Act (15 U.S.C. 12(a)).''.
(c) Sovereign Immunity.--Section 1605(a) of title 28, United States
Code, is amended--
(1) in paragraph (6), by striking ``or'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(8) in which the action is brought under section 8 of the
Sherman Act.''.
|
Oil and Gas Industry Antitrust Act of 2006 - Amends the Clayton Act to make it unlawful for any person to refuse to sell, or to export or divert, existing supplies of petroleum, gasoline, or other fuel derived from petroleum, or natural gas, with the primary intention of increasing prices or creating a shortage in a geographic market.
Directs the Attorney General (AG) and the Chairman of the Federal Trade Commission (FTC) to study whether section 7 of the Clayton Act (prohibiting certain mergers or acquisitions) should be amended to modify how that section applies to persons engaged in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, gasoline or other fuel derived from petroleum, or natural gas.
Requires the Comptroller General to study the effectiveness of divestitures required under certain prior oil and gas industry consent decrees.
Directs the AG and FTC Chairman to establish a joint federal-state task force to investigate information sharing among persons in the oil and gas industry.
No Oil Producing and Exporting Cartels Act of 2006 or NOPEC - Amends the Sherman Act to make it illegal for any foreign state or instrumentality thereof to act collectively with any other foreign state or instrumentality to: (1) limit oil production or distribution; (2) set or maintain the price of oil; or (3) take any other action in restraint of trade for oil, natural gas, or any petroleum product.
|
{"src": "billsum_train", "title": "To improve competition in the oil and gas industry, to strengthen antitrust enforcement with regard to industry mergers, and for other purposes."}
| 1,652 | 319 | 0.64967 | 2.043554 | 0.905937 | 6.164912 | 5.347368 | 0.94386 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White House Conference on Children
and Youth in 2010 Act''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds the following:
(1) In 2005 there were over 3,000,000 reports of child
abuse and neglect, and only 60 percent of the children from the
substantiated reports received follow-up services and 20
percent were placed in foster care as a result of an
investigation.
(2) Each year there are nearly 900,000 substantiated
reports of child abuse and neglect.
(3) Each year approximately 60 percent of such
substantiated reports are reports of neglect, 30 percent are
physical and sexual abuse reports, and more than 20 percent are
reports that involve other forms of abuse.
(4) Almost 500,000 children and youth were in foster care
at the end of the Federal fiscal year 2004 and nearly 800,000
spent at least some time in foster care throughout the year.
(5) While 51,000 children are adopted from the foster care
system each year, more than 117,000 children are waiting to be
adopted.
(6) Each year approximately 22,000 youth leave the foster
care system not because they have found permanent placements,
but because they have reached the age at which foster care
ends.
(7) The child welfare system includes State and local
governments, tribal governments, child welfare agencies, child
welfare caseworkers, private agencies, social workers, the
courts, volunteer court appointed special advocates, mental
health and health care professionals, educators, and advocates.
(8) There is an over-representation of certain populations,
including Native Americans and African-Americans, in the child
welfare system.
(9) The number of children being raised by grandparents and
other relatives is increasing and exceeds more than 6,000,000
children cared for in this way, and the Government recognizes
that kinship care is a permanency option through the enactment
of the Adoption and Safe Families Act of 1997.
(10) The State courts make key decisions in the lives of
children involved in the child welfare system, including
decisions of whether children have been victims of child abuse,
whether parental rights should be terminated, and whether
children should be reunified with their families, adopted, or
placed in other settings.
(11) The child welfare system will never fully address its
primary mission unless the courts are an integral and
functioning component of a statewide system of care and
protection.
(b) Policy.--It is the policy of the Congress that--
(1) the Government should work jointly with the States and
their residents to develop recommendations and plans for action
to meet the challenges and needs of children and families
involved with the child welfare system, consistent with this
Act;
(2) in developing such recommendations and plans, emphasis
should be directed toward the role of the Government, State and
local child welfare systems, State family courts systems, child
welfare advocates, guardians, and other key participants in
such child welfare systems, with a goal of enhancing and
protecting the lives and well-being of children and families
who are involved with such child welfare systems; and
(3) Federal, State, and local programs and policies should
be developed to reduce the number of children who are abused
and neglected, to reduce the number of children in foster care,
and to dramatically increase the number of children in
permanent placements through family reunification, kinship
placement, and adoption.
SEC. 3. AUTHORIZATION OF THE CONFERENCE.
(a) Authority To Call the Conference.--The President shall call a
White House Conference on Children and Youth in 2010 (in this Act
referred to as ``the Conference''), to be convened not later than 18
months after the selection of the Policy Committee established in
section 4, to encourage improvements in each State and local child
welfare system, and to develop recommendations for actions to implement
the policy set forth in section 2(b).
(b) Planning and Direction.--The Secretary shall plan, conduct, and
convene the Conference in cooperation with the heads of other
appropriate Federal entities, including the heads of the Department of
Justice, the Department of Education, and the Department of Housing and
Urban Development.
(c) Purposes of the Conference.--The purposes of the Conference
are--
(1) to identify the problems and challenges of child abuse
and neglect, and the needs of the children and families
affected by decisions made through the child welfare system;
(2) to strengthen the use of research-based best practices
that can prevent child abuse and neglect with a special focus
on younger children;
(3) to strengthen the use of research-based best practices
that can increase the placement permanency for children removed
from their homes, including practices involving family
reunification, kinship placement, and adoption;
(4) to promote the role of State family courts in each
State child welfare system;
(5) to develop recommendations that will reduce the number
of children who are in out-of-home care and who fail to leave
foster care before the age of majority, and to reduce the
overrepresentation of certain populations in the child welfare
system;
(6) to examine the role of the Government in building an
equal partnership in assisting and encouraging State, local,
and tribal coordination;
(7) to develop such specific and comprehensive
recommendations for State-level executive and legislative
action as may be appropriate for maintaining and improving the
well-being of children in such system; and
(8) to review the status of recommendations regarding child
welfare made by previous White House conferences.
SEC. 4. POLICY COMMITTEE.
(a) Establishment.--There is hereby established a Policy Committee
which shall be comprised of 17 members to be selected as follows:
(1) Presidential appointees.--Nine members shall be
selected by the President and shall consist of--
(A) 3 members who are officers or employees of the
United States; and
(B) 6 members, who may be officers or employees of
the United States, with experience in the field of
child welfare, including providers and children
directly affected by the child welfare system.
(2) House of representative appointees.--
(A) Two members shall be selected by the Speaker of
the House of Representatives after consultation with
the chairperson of the Committee on Education and
Labor, and the chairperson of the Committee on Ways and
Means, of the House of Representatives.
(B) Two members shall be selected by the minority
leader of the House of Representatives, after
consultation with ranking minority members of such
committees.
(3) Senate appointees.--
(A) Two members shall be selected by the majority
leader of the Senate, after consultation with members
of the Committee on Health, Education, Labor, and
Pensions, and the Committee on Finance, of the Senate.
(B) Two members shall be selected by the minority
leader of the Senate, after consultation with members
of such committees.
(b) Voting; Chairperson.--
(1) Voting.--The Policy Committee shall act by the vote of
a majority of the members present.
(2) Chairperson.--The President shall select the
chairperson from among the members of the Policy Committee. The
chairperson may vote only to break a tie vote of the other
members of the Policy Committee.
(c) Duties of Policy Committee.--The Policy Committee shall first
meet at the call of the Secretary, not later than 30 days after the
last member is selected. Subsequent meetings of the Policy Committee
shall be held at the call of the chairperson of the Policy Committee.
Through meetings, hearings, and working sessions, the Policy Committee
shall--
(1) make recommendations to the Secretary to facilitate the
timely convening of the Conference;
(2) submit to the Secretary a proposed agenda for the
Conference not later than 90 days after the first meeting of
the Policy Committee;
(3) make recommendations for delegates of the Conference;
(4) establish the number of delegates to be selected under
section 5 and the manner by which they are to be selected in
accordance with such section; and
(5) establish other advisory committees as needed to
facilitate Conference participation of--
(A) professionals with direct experience providing
services to children and families in the child welfare
system; and
(B) children and families who are directly involved
in the child welfare system.
SEC. 5. CONFERENCE DELEGATES.
To carry out the purposes of the Conference, the Secretary shall
bring together delegates representative of the spectrum of thought in
the field of child welfare and the courts, without regard to political
affiliation or past partisan activity, who shall include--
(1) the directors of child welfare systems of the States
and tribal governments;
(2) members of the State and local judicial systems
relating to families and children, representatives of the State
organization composed of members of the legal profession, and
attorneys specializing in family law;
(3) elected officials of State and local governments; and
(4) advocates (including national and State organizations),
guardians, experts in the field of child welfare, families,
children, and youth affected by the child welfare system, and
the general public.
SEC. 6. CONFERENCE ADMINISTRATION.
(a) Administration.--In conducting and planning the Conference, the
Secretary shall--
(1) request the cooperation and assistance of the heads of
such other Federal entities as may be appropriate, including
the detailing of personnel;
(2) furnish all reasonable assistance, including financial
assistance, not less than 18 months before the Secretary
convenes the Conference, to State child welfare systems, heads
of State courts and courts on family law, and to other
appropriate organizations, to enable them to organize and
conduct State-level child welfare conferences in conjunction
with and in preparation for participation in the Conference;
(3) prepare and make available for public comment a
proposed agenda for the Conference, which will reflect to the
greatest extent possible the major issues facing child welfare
systems and the courts, consistent with the policy set forth in
section 2(b);
(4) prepare and make available background materials that
the Secretary deems necessary for the use of delegates to the
Conference; and
(5) employ such additional personnel as may be necessary to
carry out this Act without regard to provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General
Schedule pay rates.
(b) Duties.--In carrying out the Secretary's responsibilities and
functions under this section, the Secretary shall ensure that--
(1) the conferences held under subsection (a)(2) will--
(A) be conducted to ensure broad participation of
individuals and groups; and
(B) include conferences on Native Americans--
(i) to identify conditions that adversely
affect their children in the child welfare
system and to identify Native American families
who are at risk of entering such system;
(ii) to propose solutions to ameliorate
such conditions; and
(iii) to provide for the exchange of
information relating to the delivery of
services to their children in the child welfare
system and to Native American families who are
at risk of entering such system; and
(2) the proposed agenda for the Conference as described in
subsection (a)(3) is--
(A) published in the Federal Register not less than
180 days before the Conference is convened; and
(B) made available for public comment for a period
of not less than 60 days;
(3) the final agenda for the Conference, prepared after the
Secretary takes into consideration comments received under
paragraph (2), is published in the Federal Register and
transmitted to the chief executive officers of the States not
later than 30 days after the close of the public comment period
required by paragraph (2);
(4) the personnel employed under subsection (a)(5) are
fairly balanced in terms of point of view represented and are
appointed without regard to political affiliation or previous
partisan activities;
(5) the recommendations of the Conference are not
inappropriately influenced by any public official or special
interest, but instead are the result of the independent and
collective judgment of the delegates of the Conference; and
(6) before the Conference is convened--
(A) current and adequate statistical data
(including decennial census data) and other information
on the well-being of children in the United States; and
(B) such information as may be necessary to
evaluate Federal programs and policies relating to
children;
which the Secretary may obtain by making grants to or entering
into an agreement with, public agencies or nonprofit
organizations, are readily available in advance of the
Conference to the delegates.
SEC. 7. REPORT OF THE CONFERENCE.
(a) Proposed Report.--After consultation with the Policy Committee,
the Secretary shall prepare--
(1) a proposed report on the results of the Conference,
which shall include a statement of comprehensive coherent
national policy on State child welfare systems (including the
courts); and
(2) recommendations for the implementation of such policy;
which shall be published in the Federal Register and submitted to the
chief executive officers of the States, not later than 60 days after
the Conference adjourns.
(b) Response to Proposed Report.--After reviewing and soliciting
recommendations and comments on the report of the Conference, the
Secretary shall request that the chief executive officers of the States
submit to the Secretary, not later than 180 days after receiving the
report, their views and findings on the recommendations of the
Conference.
(c) Final Report.--Not later than 90 days after receiving the views
and findings of the chief executive officers of the States under
subsection (b), the Secretary shall--
(1) prepare a final report of the Conference, which shall
include a compilation of the views and findings of the chief
executive officers of the States; and
(2) publish in the Federal Register, and transmit to the
President and to the Congress, the recommendations for the
administrative action and the legislation necessary to
implement the recommendations contained in such report.
SEC. 8. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Secretary'' means the Secretary of Health
and Human Services; and
(2) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Marianas, the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $10,000,000 to carry out
this Act.
SEC. 10. LIMITATION OF APPROPRIATIONS.
New spending authority or new authority to enter into contracts
under which the United States is obligated to make outlays shall be
effective only to the extent and in such amounts as are provided in
advance in appropriations Acts.
|
White House Conference on Children and Youth in 2010 Act - Directs the President to call a White House Conference on Children and Youth in 2010 to: (1) encourage improvements in each state and local child welfare system; and (2) develop recommendations for actions to implement express policy regarding federal, state, and local programs.
|
{"src": "billsum_train", "title": "To require the President to call a White House Conference on Children and Youth in 2010."}
| 3,088 | 63 | 0.460763 | 1.235523 | 0.655471 | 5.634921 | 49.47619 | 0.968254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Amendment Enforcement Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The Second Amendment to the United States Constitution
provides that the right of the people to keep and bear arms
shall not be infringed.
(2) As the Congress and the Supreme Court of the United
States have recognized, the Second Amendment to the United
States Constitution protects the rights of individuals,
including those who are not members of a militia or engaged in
military service or training, to keep and bear arms.
(3) The law-abiding citizens of the District of Columbia
are deprived by local laws of handguns, rifles, and shotguns
that are commonly kept by law-abiding persons throughout the
United States for sporting use and for lawful defense of their
persons, homes, businesses, and families.
(4) The District of Columbia has the highest per capita
murder rate in the Nation, which may be attributed in part to
local laws prohibiting possession of firearms by law-abiding
persons who would otherwise be able to defend themselves and
their loved ones in their own homes and businesses.
(5) The Federal Gun Control Act of 1968, as amended by the
Firearms Owners' Protection Act of 1986, and the Brady Handgun
Violence Prevention Act of 1993, provide comprehensive Federal
regulations applicable in the District of Columbia as
elsewhere. In addition, existing District of Columbia criminal
laws punish possession and illegal use of firearms by violent
criminals and felons. Consequently, there is no need for local
laws which only affect and disarm law-abiding citizens.
(6) Officials of the District of Columbia have indicated
their intention to continue to unduly restrict lawful firearm
possession and use by citizens of the District.
(7) Legislation is required to correct the District of
Columbia's law in order to restore the fundamental rights of
its citizens under the Second Amendment to the United States
Constitution and thereby enhance public safety.
SEC. 3. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT FIREARMS.
Section 4 of the Act entitled ``An Act to prohibit the killing of
wild birds and wild animals in the District of Columbia'', approved
June 30, 1906 (34 Stat. 809; sec. 1-303.43, D.C. Official Code) is
amended by adding at the end the following: ``Nothing in this section
or any other provision of law shall authorize, or shall be construed to
permit, the Council, the Mayor, or any governmental or regulatory
authority of the District of Columbia to prohibit, constructively
prohibit, or unduly burden the ability of persons not prohibited from
possessing firearms under Federal law from acquiring, possessing in
their homes or businesses, or using for sporting, self-protection or
other lawful purposes, any firearm neither prohibited by Federal law
nor subject to the National Firearms Act. The District of Columbia
shall not have authority to enact laws or regulations that discourage
or eliminate the private ownership or use of firearms. Nothing in the
previous two sentences shall be construed to prohibit the District of
Columbia from regulating or prohibiting the carrying of firearms by a
person, either concealed or openly, other than at the person's dwelling
place, place of business, or on other land possessed by the person.''.
SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN.
(a) In General.--Section 101(10) of the Firearms Control
Regulations Act of 1975 (sec. 7-2501.01(10), D.C. Official Code) is
amended to read as follows:
``(10) `Machine gun' means any firearm which shoots, is
designed to shoot, or readily restored to shoot automatically,
more than 1 shot without manual reloading by a single function
of the trigger, and includes the frame or receiver of any such
weapon, any part designed and intended solely and exclusively,
or combination of parts designed and intended, for use in
converting a weapon into a machine gun, and any combination of
parts from which a machine gun can be assembled if such parts
are in the possession or under the control of a person.''.
(b) Conforming Amendment to Provisions Setting Forth Criminal
Penalties.--Section 1(c) of the Act of July 8, 1932 (47 Stat. 651; sec.
22--4501(c), D.C. Official Code) is amended to read as follows:
``(c) `Machine gun', as used in this Act, has the meaning given
such term in section 101(10) of the Firearms Control Regulations Act of
1975.''.
SEC. 5. REPEAL REGISTRATION REQUIREMENT.
(a) Repeal of Requirement.--
(1) In general.--Section 201(a) of the Firearms Control
Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official Code)
is amended by striking ``any firearm, unless'' and all that
follows through paragraph (3) and inserting the following:
``any firearm described in subsection (c).''.
(2) Description of firearms remaining illegal.--Section 201
of such Act (sec. 7-2502.01, D.C. Official Code) is amended by
adding at the end the following new subsection:
``(c) A firearm described in this subsection is any of the
following:
``(1) A sawed-off shotgun.
``(2) A machine gun.
``(3) A short-barreled rifle.''.
(3) Conforming amendment.--The heading of section 201 of
such Act (sec. 7--2502.01, D.C. Official Code) is amended by
striking ``Registration requirements'' and inserting ``Firearm
Possession''.
(b) Conforming Amendments to Firearms Control Regulations Act.--The
Firearms Control Regulations Act of 1975 is amended as follows:
(1) Sections 202 through 211 (secs. 7-2502.02 through 7-
2502.11, D.C. Official Code) are repealed.
(2) Section 101 (sec. 7--2501.01, D.C. Official Code) is
amended by striking paragraph (13).
(3) Section 401 (sec. 7--2504.01, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``the
District;'' and all that follows and inserting the
following: ``the District, except that a person may
engage in hand loading, reloading, or custom loading of
ammunition for firearms lawfully possessed under this
Act.''; and
(B) in subsection (b), by striking ``which are
unregisterable under section 202'' and inserting
``which are prohibited under section 201''.
(4) Section 402 (sec. 7--2504.02, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``Any person
eligible to register a firearm'' and all that follows
through ``such business,'' and inserting the following:
``Any person not otherwise prohibited from possessing
or receiving a firearm under Federal or District law,
or from being licensed under section 923 of title 18,
United States Code,''; and
(B) in subsection (b), by amending paragraph (1) to
read as follows:
``(1) The applicant's name;''.
(5) Section 403(b) (sec. 7--2504.03(b), D.C. Official Code)
is amended by striking ``registration certificate'' and
inserting ``dealer's license''.
(6) Section 404(a)(3) (sec. 7--2504.04(a)(3)), D.C.
Official Code) is amended--
(A) in subparagraph (B)(i), by striking
``registration certificate number (if any) of the
firearm,'';
(B) in subparagraph (B)(iv), by striking ``holding
the registration certificate'' and inserting ``from
whom it was received for repair'';
(C) in subparagraph (C)(i), by striking ``and
registration certificate number (if any) of the
firearm'';
(D) in subparagraph (C)(ii), by striking
``registration certificate number or''; and
(E) by striking subparagraphs (D) and (E).
(7) Section 406(c) (sec. 7--2504.06(c), D.C. Official Code)
is amended to read as follows:
``(c) Within 45 days of a decision becoming effective which is
unfavorable to a licensee or to an applicant for a dealer's license,
the licensee or application shall--
``(1) lawfully remove from the District all destructive
devices in his inventory, or peaceably surrender to the Chief
all destructive devices in his inventory in the manner provided
in section 705; and
``(2) lawfully dispose, to himself or to another, any
firearms and ammunition in his inventory.''.
(8) Section 407(b) (sec. 7--2504.07(b), D.C. Official Code)
is amended by striking ``would not be eligible'' and all that
follows and inserting ``is prohibited from possessing or
receiving a firearm under Federal or District law.''.
(9) Section 502 (sec. 7--2505.02, D.C. Official Code) is
amended--
(A) by amending subsection (a) to read as follows:
``(a) Any person or organization not prohibited from possessing or
receiving a firearm under Federal or District law may sell or otherwise
transfer ammunition or any firearm, except those which are prohibited
under section 201, to a licensed dealer.'';
(B) by amending subsection (c) to read as follows:
``(c) Any licensed dealer may sell or otherwise transfer a firearm
to any person or organization not otherwise prohibited from possessing
or receiving such firearm under Federal or District law.'';
(C) in subsection (d), by striking paragraphs (2)
and (3); and
(D) by striking subsection (e).
(10) Section 704 (sec. 7--2507.04, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``any
registration certificate or'' and inserting ``a''; and
(B) in subsection (b), by striking ``registration
certificate,''.
(c) Other Conforming Amendments.--Section 2(4) of the Illegal
Firearm Sale and Distribution Strict Liability Act of 1992 (sec. 7--
2531.01(2)(4), D.C. Official Code) is amended--
(1) in subparagraph (A), by striking ``or ignoring proof of
the purchaser's residence in the District of Columbia''; and
(2) in subparagraph (B), by striking ``registration and''.
SEC. 6. REPEAL HANDGUN AMMUNITION BAN.
Section 601(3) of the Firearms Control Regulations Act of 1975
(sec. 7-2506.01(3), D.C. Official Code) is amended by striking ``is the
holder of the valid registration certificate for'' and inserting
``owns''.
SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.
Section 702 of the Firearms Control Regulations Act of 1975 (sec.
7-2507.02, D.C. Official Code) is repealed.
SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED
FIREARMS.
(a) In General.--Section 706 of the Firearms Control Regulations
Act of 1975 (sec. 7-2507.06, D.C. Official Code) is amended--
(1) by striking ``that:'' and all that follows through
``(1) A'' and inserting ``that a''; and
(2) by striking paragraph (2).
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to violations occurring after the 60-day period
which begins on the date of the enactment of this Act.
SEC. 9. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE'S
DWELLING OR OTHER PREMISES.
(a) In General.--Section 4(a) of the Act of July 8, 1932 (47 Stat.
651; sec. 22--4504(a), D.C. Official Code) is amended--
(1) in the matter before paragraph (1), by striking ``a
pistol,'' and inserting the following: ``except in his dwelling
house or place of business or on other land possessed by that
person, whether loaded or unloaded, a firearm,''; and
(2) by striking ``except that:'' and all that follows
through ``(2) If the violation'' and inserting ``except that if
the violation''.
(b) Conforming Amendment.--Section 5 of such Act (47 Stat. 651;
sec. 22--4505, D.C. Official Code) is amended--
(1) by striking ``pistol'' each place it appears and
inserting ``firearm''; and
(2) by striking ``pistols'' each place it appears and
inserting ``firearms''.
SEC. 10. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT RESIDENTS.
Section 922 of title 18, United States Code, is amended in
paragraph (b)(3) by inserting after ``other than a State in which the
licensee's place of business is located'' the following: ``, or to the
sale or delivery of a handgun to a resident of the District of Columbia
by a licensee whose place of business is located in Maryland or
Virginia,''.
Passed the House of Representatives September 17, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
|
Second Amendment Enforcement Act - (Sec. 3) Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms.
Declares that nothing in such prohibitions shall be construed to prohibit the District from regulating or prohibiting the carrying of firearms by a person, either concealed or openly, other than at the person's dwelling place, place of business, or on other land possessed by the person.
(Sec. 4) Amends the Firearms Control Regulations Act of 1975 (FCRA) to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.)
Redefines "machine gun" as any firearm which shoots, is designed to shoot, or is readily restored to shoot automatically, more than one shot without manual reloading by a single function of the trigger. Includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
(Sec. 5) Amends FCRA to repeal the District's: (1) registration requirement for possession of firearms; and (2) requirement that licensed firearms dealers keep records of ammunition received into inventory and ammunition sold or transferred.
Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle.
(Sec. 6) Allows any individual to possess ammunition in the District if the individual owns (currently, holds the valid registration certificate for) a firearm of the same gauge or caliber as such ammunition. (In effect, repeals the handgun ammunition ban.)
(Sec. 7) Repeals the requirement that firearms in the possession of individuals (other than law enforcement personnel) must be kept unloaded, disassembled, or with the trigger locked, unless the firearm is kept at an individual's place of business, or while being used for lawful recreational purposes within the District of Columbia.
(Sec. 8) Amends FCRA to eliminate criminal penalties for possessing an unregistered firearm.
(Sec. 9) Amends federal law to eliminate criminal penalties for carrying a firearm whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person.
Makes conforming amendments to the District of Columbia Code.
(Sec. 10) Amends the federal criminal code to make it lawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver a handgun to a District resident if such licensee's place of business is located in Maryland or Virginia.
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{"src": "billsum_train", "title": "To restore Second Amendment rights in the District of Columbia."}
| 3,165 | 803 | 0.571369 | 1.724576 | 0.616537 | 5.166172 | 4.126113 | 0.916914 |
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