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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earned Income Credit Public
Awareness Campaign Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 2001, the earned income credit provided over
$30,000,000,000 in tax relief to 18,500,000 low-income
taxpayers.
(2) The earned income credit is the second largest program,
after Medicaid, that provides assistance to low-income
individuals combating poverty.
(3) Data from the United States Census Bureau Current
Population Survey indicates that in 1999, the earned income
credit assisted 4,700,000 people, including 2,600,000 children
of low-income workers, to rise above the poverty line.
(4) Each year, between 15 and 25 percent of those who are
eligible to receive the earned income credit fail to claim
their credit, either because they are unaware of it or cannot
obtain the assistance they may need to properly complete the
appropriate tax return.
(5) Lack of education, language barriers, fear or
intimidation, limited financial resources, and unawareness of
the earned income credit all contribute to low-income families
and individuals not taking advantage of the credit.
(6) The Taxpayer Advocate's Fiscal Year 2002 Annual Report
notes, ``The laws and regulations governing family status in
the Internal Revenue Code are numerous and complex. As a
result, taxpayers must often seek the service of paid tax
preparers to claim credits and benefits on returns. Low income
taxpayers are particularly susceptible to this need. They rely
extensively on paid preparers to assist in navigating the
intricacies of the Earned Income Tax Credit''.
(7) 2002 Internal Revenue Service data indicates that
nearly 68 percent of earned income credit recipients pay
someone to prepare their tax returns, and fewer than 1 in 10
have their tax returns prepared for free by the Volunteer
Income Tax Assistance program.
(8) An estimated $994,000,000 in earned income credit
refunds were paid by the taxpayer directly to tax preparers and
related businesses for costs associated with preparation,
filing, loans, and check cashing.
(9) Many low-income families and individuals are
disproportionately disadvantaged in meeting the financial
obligation of hiring tax preparers and purchasing tax
preparation products.
(10) According to the Taxpayer Advocate's Fiscal Year 2002
Annual Report, ``The Internal Revenue Service must undertake a
significant consumer education campaign so that low income
taxpayers are able to make informed choices between tax
preparers and tax preparation products''.
(11) Increasing public awareness about the earned income
credit will lead to increased utilization of the credit by low-
income families and individuals.
SEC. 3. EARNED INCOME TAX CREDIT AWARENESS CAMPAIGN.
(a) Establishment of National Campaign.--The Commissioner of
Internal Revenue (hereafter in this Act referred to as the
``Commissioner'') shall establish and carry out a national public
awareness campaign to educate Americans of the availability of the
credit allowable under section 32 of the Internal Revenue Code of 1986
(hereafter in this Act referred to as the ``earned income credit''.
(b) Special Targeted Campaign.--In carrying out subsection (a), the
Commissioner shall make special efforts to conduct outreach to--
(1) low-income families and individuals;
(2) students;
(3) single parents;
(4) businesses and corporations;
(5) limited English proficient individuals;
(6) transient workers; and
(7) military personnel.
(c) Educational Activities.--In carrying out subsection (a), the
Commissioner shall make special efforts to--
(1) produce and distribute educational materials to be
distributed nationwide to groups identified under subsection
(b);
(2) conduct a targeted media campaign highlighting the
earned income tax credit;
(3) encourage businesses and corporations to make available
and distribute educational materials produced under paragraph
(1) to their employees; and
(4) make educational materials available to public
libraries, post offices, State agencies, and other public
locations where tax information and forms are readily available
or tax preparation services are offered.
(d) Reports to Congress.--
(1) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Commissioner shall submit to the Congress a report detailing
the activities carried out by the Commissioner under this
section and section 5 of this Act and recommendations for
amendments to this Act.
SEC. 4. EARNED INCOME TAX CREDIT STATE GRANT PROGRAM.
(a) In General.--The Commissioner shall make grants to State
agencies for the purposes of carrying out an earned income credit
Statewide public awareness campaign in conjunction with the national
campaign under section 3.
(b) Allotments.--The Commission shall allot to each State for each
fiscal year an amount which bears the same ratio to the amount
appropriated to carry out subsection (a) for such fiscal year as the
total amount of earned income credit claims made by residents in that
State on returns filed during the second preceding fiscal year bears to
the total amount of earned income credit claims on returns filed during
such second preceding fiscal year.
(c) Requirement of Matching Funds.--To be eligible to receive an
allotment under this section, a State shall provide matching funds to a
grant made available under this section.
(d) Applications.--To be eligible to receive an allotment under
this section, a State shall submit an application to the Commissioner
at such time, in such manner, and containing such information as the
Commissioner may require.
(e) Accountability.--To be eligible to receive an allotment under
this section, within 180 days of receiving an allotment, a State shall
submit to the Commissioner a detailed report indicating steps taken by
the State to implement subsection (a) of this section.
(f) Funding.--No less than 25 percent and no more than 50 percent
of the funds appropriated to carry out this Act shall be made available
to carry out this section.
SEC. 5. AUTHORIZATION OF FUNDS.
(a) In General.--There is authorized to be appropriated to the
Internal Revenue Service $15,000,000 for each of fiscal years 2004
through 2014.
(b) Limitation of Administrative Expenses.--Not more than 3 percent
of the funds appropriated to carry out this Act shall be spent on
administrative costs of the Internal Revenue Service. | Earned Income Credit Public Awareness Campaign Act - Directs the Commissioner of Internal Revenue to: (1) establish and carry out a national public awareness campaign to educate Americans of the availability of the earned income credit; and (2) make grants to State agencies to carry out earned income credit Statewide public awareness campaigns in conjunction with the national campaign. | {"src": "billsum_train", "title": "To direct the Commissioner of Internal Revenue to establish an earned income credit public awareness campaign to increase public awareness and educate Americans of the earned income credit."} | 1,358 | 69 | 0.465776 | 1.14972 | 0.618173 | 4.393939 | 19.621212 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Ape Protection Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Great apes are highly intelligent and social animals
and research laboratory environments involving invasive
research cannot meet their complex social and psychological
needs.
(2) Invasive research performed on great apes, and the
breeding of great apes for these purposes, are economic in
nature and substantially affect interstate commerce.
(3) The majority of invasive research and testing conducted
on great apes in the United States is for the end purpose of
developing drugs, pharmaceuticals, and other products to be
sold in the interstate market.
(4) The total costs associated with great ape research have
a direct economic impact on interstate commerce.
(5) An overwhelming majority of invasive research
procedures performed on great apes involves some element of
interstate commerce, such that great apes, equipment, and
researchers have traveled across State lines.
(6) The regulation of animals and activities as provided in
this Act are necessary to effectively regulate interstate and
foreign commerce.
(7) The National Research Council report entitled
``Chimpanzees in Research--Strategies for their Ethical Care,
Management, and Use'' concluded that--
(A) there is a ``moral responsibility'' for the
long-term care of chimpanzees used for scientific
research;
(B) there should be a moratorium on further
chimpanzee breeding;
(C) euthanasia should not be used as a means to
control the size of the great ape population; and
(D) sanctuaries should be created to house
chimpanzees in a manner consistent with high standards
of lifetime care, social enrichment, and cognitive
development.
(b) Purposes.--The purposes of this Act are to--
(1) prohibit invasive research on great apes and the use of
Federal funding of such research, both within and outside of
the United States;
(2) prohibit the transport of great apes for purposes of
invasive research;
(3) prohibit the breeding of great apes for purposes of
invasive research; and
(4) require the provision of lifetime care of great apes
that are owned by or under the control of the Federal
Government in a suitable sanctuary through the permanent
retirement of such apes.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following terms apply:
(1) Great ape.--The term ``great ape'' includes a
chimpanzee, bonobo, gorilla, orangutan, or gibbon.
(2) Invasive research.--
(A) The term ``invasive research'' means any
research that may cause death, bodily injury, pain,
distress, fear, injury, or trauma to a great ape,
including--
(i) the testing of any drug or intentional
exposure to a substance that may be detrimental
to the health or psychological well-being of a
great ape;
(ii) research that involves penetrating or
cutting the body or removing body parts,
restraining, tranquilizing, or anesthetizing a
great ape; or
(iii) isolation, social deprivation, or
other experimental physical manipulations that
may be detrimental to the health or
psychological well-being of a great ape.
(B) Such term does not include--
(i) close observation of natural or
voluntary behavior of a great ape, provided
that the research does not require an
anesthetic or sedation event to collect data or
record observations;
(ii) the temporary separation of a great
ape from its social group, leaving and
returning, by its own volition;
(iii) post-mortem examination of a great
ape that was not killed for the purpose of
examination or research; and
(iv) the administration of an annual or
other necessary physical exam by a licensed
veterinarian for the individual great ape's
well-being, that may include collection of
blood, hair, or tissue samples conducted for
the well-being of that great ape, the ape's
social group, or the species.
(3) Permanent retirement.--
(A) The term ``permanent retirement'' means that a
great ape is placed in a suitable sanctuary that will
provide for the lifetime care of the great ape and such
great ape will not be used in further invasive
research.
(B) Such term does not include euthanasia.
(4) Person.--The term ``person'' means--
(A) an individual, corporation, partnership, trust,
association, or any other private or not-for-profit
entity;
(B) any officer, employee, agent, department, or
instrumentality of the Federal Government, a State,
municipality, or political subdivision of a State; or
(C) any other entity subject to the jurisdiction of
the United States.
(5) Suitable sanctuary.--The term ``suitable sanctuary''
means--
(A) a sanctuary system under section 481C of the
Public Health Service Act (42 U.S.C. 287a-3a); or
(B) a comparable privately funded sanctuary
approved by the Secretary of Health and Human Services.
SEC. 4. PROHIBITIONS.
(a) Invasive Research Prohibition.--No person shall conduct
invasive research on a great ape.
(b) Prohibition on Related Activities.--No person shall knowingly
breed, possess, rent, loan, donate, purchase, sell, house, maintain,
lease, borrow, transport, move, deliver, or receive a great ape for the
purpose of conducting invasive research on such great ape.
(c) Prohibition on Federal Funding for Invasive Research.--No
Federal funds may be used to conduct invasive research on a great ape
both within and outside the United States.
(d) Exemption.--Nothing in this Act shall be construed to limit or
prevent individualized medical care performed on a great ape by a
licensed veterinarian for the well-being of the great ape, including
surgical procedures or chemical treatments for birth control.
SEC. 5. RETIREMENT.
The Secretary of Health and Human Services or any other appropriate
Federal authority shall provide for the permanent retirement of all
great apes owned or under the control of the Federal Government that
are being maintained in any facility for the purpose of breeding for,
holding for, or conducting invasive research.
SEC. 6. CIVIL PENALTIES.
In addition to any other penalties that may apply under law,
whoever violates any provision of this Act shall be assessed a civil
penalty of not more than $10,000 for each such violation. Each day that
such violation continues shall constitute a separate offense.
SEC. 7. SEVERABILITY.
In the event that any one of the provisions in this Act shall, for
any reason, be held to be invalid or unenforceable in any respect, such
invalidity or unenforceability shall not affect any other provisions of
this Act, and this Act shall be construed as if such invalid or
unenforceable provisions had never been included in this Act.
SEC. 8. EFFECTIVE DATES.
(a) Prohibition of Research and Funding.--The prohibitions under
subsections (a) and (c) of section (4) shall take effect not later than
3 years after the date of the enactment of this Act.
(b) Other Requirements.--All other requirements and prohibitions in
this Act shall take effect on the date of the enactment of this Act. | Great Ape Protection Act of 2009 - Prohibits: (1) conducting invasive research on great apes; (2) knowingly breeding, possessing, renting, loaning, donating, purchasing, selling, housing, maintaining, leasing, borrowing, transporting, moving, delivering, or receiving a great ape for the purpose of conducting such research; or (3) using federal funds to conduct such research.
Defines "invasive research" as research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes, including drug testing or exposure to a substance that may be detrimental to the ape's health or psychological well-being.
Requires the Secretary of Health and Human Services (HHS) and other appropriate federal authorities to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research.
Sets forth civil penalties for violations of this Act. | {"src": "billsum_train", "title": "To prohibit the conducting of invasive research on great apes, and for other purposes."} | 1,723 | 230 | 0.618038 | 1.925252 | 0.740292 | 4.636816 | 7.527363 | 0.875622 |
SECTION 1. INTERIM PATENT EXTENSIONS.
Section 156(d) of title 35, United States Code, is amended--
(1) in the second sentence of paragraph (1) by striking
``Such'' and inserting ``Except as provided in paragraph (5),
such''; and
(2) by adding at the end the following new paragraph:
``(5)(A) If the owner of record of the patent or its agent
reasonably expects that the applicable regulatory review period
described in paragraph (1)(B)(ii), (2)(B)(ii), (3)(B)(ii), (4)(B)(ii),
or (5)(B)(ii) of subsection (g) that began for a product that is the
subject of such patent may extend beyond the expiration of the patent
term in effect, the owner or its agent may submit an application to the
Commissioner for an interim extension during the period beginning 6
months, and ending 30 days, before such term is due to expire. The
application shall contain--
``(i) the identity of the product subject to regulatory
review and the Federal statute under which such review is
occurring;
``(ii) the identity of the patent for which interim
extension is being sought and the identity of each claim of
such patent which claims the product under regulatory review or
a method of using or manufacturing the product;
``(iii) information to enable the Commissioner to determine
under subsection (a)(1), (2), and (3) the eligibility of a
patent for extension;
``(iv) a brief description of the activities undertaken by
the applicant during the applicable regulatory review period to
date with respect to the product under review and the
significant dates applicable to such activities; and
``(v) such patent or other information as the Commissioner
may require.
``(B) If the Commissioner determines that, except for permission to
market or use the product commercially, the patent would be eligible
for an extension of the patent term under this section, the
Commissioner shall publish in the Federal Register a notice of such
determination, including the identity of the product under regulatory
review, and shall issue to the applicant a certificate of interim
extension for a period of not more than 1 year.
``(C) The owner of record of a patent, or its agent, for which an
interim extension has been granted under subparagraph (B), may apply
for not more than 4 subsequent interim extensions under this paragraph.
Each such subsequent application shall be made during the period
beginning 60 days before, and ending 30 days before, the expiration of
the preceding interim extension.
``(D) Each certificate of interim extension under this paragraph
shall be recorded in the official file of the patent and shall be
considered part of the original patent.
``(E) Any interim extension granted under this paragraph shall
terminate at the end of the 60-day period beginning on the date on
which the product involved receives permission for commercial marketing
or use, except that, if within that 60-day period the applicant
notifies the Commissioner of such permission and submits any additional
information under paragraph (1) of this subsection not previously
contained in the application for interim extension, the patent shall be
further extended in accordance with the provisions of this section, not
to exceed 5 years from the date of expiration of the original patent
term.
``(F) The rights derived from any patent the term of which is
extended under this paragraph shall, during the period of interim
extension--
``(i) in the case of a patent which claims a product, be
limited to any use then under regulatory review;
``(ii) in the case of a patent which claims a method of
using a product, be limited to any use claimed by the patent
then under regulatory review; and
``(iii) in the case of a patent which claims a method of
manufacturing a product, be limited to the method of
manufacturing as used to make the product then under regulatory
review.''.
SEC. 2. CONFORMING AMENDMENTS.
Section 156 of title 35, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``(d)'' and
inserting ``(d)(1)''; and
(B) in paragraph (3) by striking ``subsection (d)''
and inserting ``paragraphs (1) through (4) of
subsection (d)'';
(2) in subsection (b) by striking ``The rights'' and
inserting ``Except as provided in subsection (d)(5)(F), the
rights''; and
(3) in subsection (e)--
(A) in paragraph (1) by striking ``subsection (d)''
and inserting ``paragraphs (1) through (4) of
subsection (d)''; and
(B) in paragraph (2) by striking ``(d)'' and
inserting ``(d)(1)''. | Authorizes the owner of record of a product patent who expects that the applicable regulatory review period for the product may extend beyond the patent term to submit, during the period beginning six months and ending 30 days before the term is due to expire, an application to the Commissioner of Patents and Trademarks for an interim extension. Permits up to four subsequent interim extensions.
Requires any interim extension to terminate at the end of the 60-day period beginning on the date on which the product involved receives permission for commercial marketing or use unless the applicant submits specified additional information not previously contained in the interim extension application in which case the patent shall be extended for up to five years from the expiration date of the original patent term. | {"src": "billsum_train", "title": "To amend section 156 of title 35, United States Code, to provide for the interim extension of patents subject to that section."} | 1,059 | 156 | 0.659302 | 1.818352 | 0.812897 | 4.457143 | 7.485714 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Inpatient Rehabilitation
Therapy Act of 2014''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Intensive, coordinated medical rehabilitation provided
in inpatient rehabilitation hospitals and units is critical to
Medicare beneficiaries with injuries, illnesses, disabilities,
and chronic conditions in order to return to health, full
function, independent living, and a high quality of life.
(2) The Centers for Medicare & Medicaid Services (in this
section referred to as ``CMS'') uses an ``intensity of
therapy'' requirement to help determine which Medicare
beneficiaries are appropriate for treatment in an inpatient
rehabilitation hospital or unit. CMS has interpreted the
intensity of therapy requirement through application of the so-
called ``Three Hour Rule'' (42 C.F.R. 412.622(a)(3)(ii)) which
requires the patient to be able to participate in three hours
of rehabilitation therapy per day, five days per week, or 15
hours of rehabilitation therapy over a one-week period.
(3) Before 2010, CMS regulations explicitly stated that
physical therapy, occupational therapy, speech therapy, and/or
orthotics and prosthetics were counted toward the Three Hour
Rule on an as-needed basis. In addition, CMS regulations stated
that ``other therapeutic modalities'' that were determined by
the physician and the rehabilitation team to be needed by the
patient ``on a priority basis'' would qualify toward
satisfaction of the rule (HCFA Ruling 85-2).
(4) This language allowed recreational therapy to count
toward satisfaction of the Three Hour Rule for patients who
required this mix of therapies on a priority basis in the
inpatient rehabilitation hospital or unit setting.
(5) CMS by regulation (74 Fed. Reg. 39811 (August 7, 2009))
revised these prior regulations, effective January 1, 2010, by
limiting the Three Hour Rule to recognize only four services
(namely, physical, occupational, and speech therapy as well as
orthotics and prosthetics) and removing the discretion of the
physician and the rehabilitation team to count other
therapeutic services needed by the patient toward satisfaction
of the Three Hour Rule. As a result, recreational therapy
services are often not available to patients who require
medically necessary recreational therapy as part of their plan
of care.
(6) Recreational therapy is a treatment service designed to
restore, remediate, and rehabilitate a patient's level of
functioning and independence in life activities, to promote
health and wellness as well as to reduce or eliminate the
activity limitations and restrictions to participation in life
situations caused by an illness or disabling condition.
Recreational therapy in the inpatient rehabilitation hospital
and unit setting is provided by qualified recreational
therapists when required by the patient's condition and
prescribed by a physician as part of a patient's plan of care.
(b) Purpose.--It is the purpose of this Act to restore reliance on
the professional judgment of the treating physician and the
rehabilitation team when determining whether a Medicare patient meets
the intensity of therapy requirement of an inpatient rehabilitation
hospital or unit in order for that patient to gain access to the
appropriate mix of medically necessary therapeutic rehabilitation
services in that setting, including physical therapy, occupational
therapy, and, as needed, speech therapy, orthotics and prosthetics, and
recreational therapy.
SEC. 3. INCLUDING RECREATIONAL THERAPY AMONG THE THERAPY MODALITIES
THAT CONSTITUTE AN INTENSIVE REHABILITATION THERAPY
PROGRAM IN DETERMINING THE MEDICAL NECESSITY OF SERVICES
IN AN INPATIENT REHABILITATION FACILITY (IRF).
(a) In General.--Section 1886(j) of the Social Security Act (42
U.S.C. 1395ww(j)) is amended by adding at the end the following new
paragraph:
``(9) Including recreational therapy among therapy
modalities that constitute an intensive rehabilitation therapy
program in a rehabilitation facility.--The Secretary shall
include recreational therapy services among the therapeutic
modalities that constitute an intensive rehabilitation program
in determining (pursuant to applicable regulations) whether
inpatient services in a rehabilitation facility are reasonable
and necessary under section 1862(a)(1)(A).''.
(b) Effective Date.--The amendment made by section (a) shall apply
to services furnished on or after January 1, 2015. | Access to Inpatient Rehabilitation Therapy Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to include recreational therapy services among the therapeutic modalities that constitute an intensive rehabilitation therapy program in determining whether inpatient services in an inpatient rehabilitation facility are reasonable and necessary. | {"src": "billsum_train", "title": "Access to Inpatient Rehabilitation Therapy Act of 2014"} | 976 | 78 | 0.511949 | 1.323255 | 0.961546 | 3.619048 | 13.650794 | 0.920635 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safer Officers and Safer Citizens
Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) While police body worn cameras are not a panacea, they
do contribute to keeping both law enforcement officers and
citizens safer.
(2) Increasing the use of body worn cameras by law
enforcement officers has been shown by multiple studies to
significantly reduce the number of use of force incidents and
the number of citizen complaints.
(3) Increased accountability and transparency in policing
activities will benefit all our citizens, including our law
enforcement officers.
SEC. 3. GRANT PROGRAM.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART MM--GRANT PROGRAM FOR BODY WORN CAMERAS FOR LAW ENFORCEMENT
OFFICERS
``SEC. 3031. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government, and
Indian tribes to purchase body worn cameras for use by State, local,
and tribal law enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of--
``(A) body worn cameras for law enforcement
officers; and
``(B) necessary initial supportive technological
infrastructure for body worn cameras for law
enforcement officers in the jurisdiction of the
grantee.
``(c) Preferential Consideration.--In awarding grants under this
part, the Director of the Bureau of Justice Assistance shall give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has in place a comprehensive policy that is--
``(A) developed in consultation with a broad group
of criminal justice experts and community members, and
that contains policies and procedures addressing
deployment, video capture, privacy protections,
viewing, use, release, storage, retention, the effect
on community-police interactions, and audits and
controls;
``(B) supported by a comprehensive communication
and education campaign that involves interested parties
in law enforcement, courts, prosecution, the defense
bar, civic leadership, labor organizations, victim and
juvenile advocacy, the media, and the public; and
``(C) informed by the best practices on body worn
cameras developed by the Department of Justice;
``(2) has the greatest need for body worn cameras based on
the percentage of law enforcement officers in the department
who do not have access to a body worn camera;
``(3) has a violent crime rate at or above the national
average as determined by the Bureau of Justice Statistics; and
``(4) commits to submitting such metrics on the usage of
body worn cameras, in such a format and at such a time as the
Department of Justice shall reasonably specify, for the
purposes of collecting and studying data on the effectiveness
of body worn cameras to increase safety for both law
enforcement officers and citizens.
``(d) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 75 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``SEC. 3032. APPLICATIONS.
``(a) In General.--To request a grant under this part, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this part, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section,
including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must meet
in submitting the applications required under this section.
``SEC. 3033. DEFINITIONS.
``For purposes of this part--
``(1) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(2) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders;
``(3) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(4) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.
``SEC. 3034. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part, $100,000,000 for each of fiscal years 2018 through 2022.
``(b) Remaining Funds.--Any amounts made available to carry out
this part that are unobligated at the end of each fiscal year, shall be
returned to the general fund of the Treasury for debt reduction.''.
SEC. 4. OFFSET.
(a) Findings.--Congress finds the following:
(1) In 2010, the most current year for which figures are
available, the Federal Government spent $1,670,000,000
operating and maintaining unutilized and underutilized
buildings.
(2) Federal agencies have consistently indicated that the
disposal efforts of the agencies are often hampered by
statutory requirements.
(b) Offset.--Notwithstanding subtitle I of title 40, United States
Code, or any other provision of law, the Administrator of General
Services, in consultation with the Director of the Office of Management
and Budget, may immediately identify and dispose of, through sale at
fair market value or demolition if unsuitable for sale, the most
financially burdensome excess Federal property, so as to generate not
more than $500,000,000 in savings by the end of fiscal year 2022. | Safer Officers and Safer Citizens Act of 2017 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice's Bureau of Justice Assistance to award matching grants to states, local governments, and Indian tribes to purchase body-worn cameras. The Bureau of Justice Assistance must give preference to grant applications from jurisdictions that: (1) have comprehensive policies and procedures related to implementation of a body-worn camera program, (2) have high percentages of officers without access to body-worn cameras, (3) have violent crime rates above the national average, and (4) agree to submit metrics on the use of body-worn cameras. As an offset, the bill allows the General Services Administration to identify and dispose of (i.e., sell or demolish) excess federal property. | {"src": "billsum_train", "title": "Safer Officers and Safer Citizens Act of 2017"} | 1,476 | 168 | 0.610989 | 1.815329 | 0.767002 | 2.60625 | 8.68125 | 0.85625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coral Reef Conservation Act of
1999''.
SEC. 2. PURPOSES.
The purposes of this title are:
(1) To preserve, sustain, and restore the health of coral
reef ecosystems;
(2) To assist in the conservation and protection of coral
reefs by supporting conservation programs;
(3) To provide financial resources for those programs; and
(4) To establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be
used for coral reef conservation projects.
SEC. 3. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coral.--The term ``coral'' means species of the phylum
Cnidaria, including--
(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Gorgonacea (horny
corals), Stolonifera (organpipe corals and others),
Alcyanacea (soft corals), and Coenothecalia (blue
coral), of the class Anthozoa; and
(B) all species of the order Hydrocorallina (fire
corals and hydrocorals), of the class Hydrozoa.
(3) Coral reef.--The term ``coral reef'' means those
species (including reef plants), habitats, and other natural
resources associated with any reefs or shoals composed
primarily of corals within all maritime areas and zones subject
to the jurisdiction or control of the United States (e.g.,
Federal, State, territorial, or commonwealth waters), including
in the south Atlantic, Caribbean, Gulf of Mexico, and Pacific
Ocean.
(4) Corals and coral products.--The term ``corals and coral
products'' means any living or dead specimens, parts, or
derivatives, or any product containing specimens, parts, or
derivatives, of any species referred to in paragraph (2).
(5) Conservation.--The term ``conservation'' means the use
of methods and procedures necessary to preserve or sustain
corals and species associated with coral reefs as diverse,
viable, and self-perpetuating coral reefs, including all
activities associated with resource management, such as
assessment, conservation, protection, restoration, sustainable
use, and management of habitat; habitat monitoring; assistance
in the development of management strategies for marine
protected areas and marine resources consistent with the
National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C.1801 et seq.); law enforcement; conflict resolution
initiatives; and community outreach and education.
(6) Organization.--The term ``organization'' means any
qualified non-profit organization that promotes coral reef
conservation.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 4. CORAL REEF CONSERVATION PROGRAM.
(a) Grants.--The Secretary, through the Administrator and subject
to the availability of funds, shall provide grants of financial
assistance for projects for the conservation of coral reefs, hereafter
called coral conservation projects, for proposals approved by the
Administrator in accordance with this section.
(b) Matching Requirements.--
(1) Except as provided in paragraph (2), Federal funds for
any coral conservation project under this section may not
exceed 50 percent of the total cost of such project. For
purposes of this paragraph, the non-Federal share of project
costs may be provided by in-kind contributions and other
noncash support.
(2) The Administrator may waive all or part of the matching
requirement under paragraph (1) if--
(A) the project costs are $25,000 or less; or
(B) the Administrator determines that no reasonable
means are available through which applicant can meet
the matching requirement and the probable benefit of
such project outweighs the public interest in such
matching requirement.
(c) Eligibility.--Any relevant natural resource management
authority of a State or territory of the United States or other
government authority with jurisdiction over coral reefs or whose
activities directly or indirectly affect coral reefs, or educational or
non-governmental institutions with demonstrated expertise in the
conservation of coral reefs, may submit to the Administrator a coral
conservation proposal submitted under subsection (e) of this section.
(d) Geographic and Biological Diversity.--The Administrator shall
ensure that funding for grants awarded under subsection (b) of this
section during a fiscal year are distributed in the following manner--
(1) no less than 40 percent of funds available shall be
awarded for coral conservation projects in the Pacific Ocean;
(2) no less than 40 percent of the funds available shall be
awarded for coral conservation projects in the Atlantic Ocean,
Gulf of Mexico, and the Caribbean Sea; and
(3) remaining funds shall be awarded for projects that
address emerging priorities or threats, including international
priorities or threats, identified by the Administrator in
consultation with the Coral Reef Task Force under subsection
(i).
(e) Project Proposals.--Each proposal for a grant under this
section shall include the following:
(1) The name of the individual or entity responsible for
conducting the project.
(2) A succinct statement of the purposes of the project.
(3) A description of the qualifications of the individuals
who will conduct the project.
(4) An estimate of the funds and time required to complete
the project.
(5) Evidence of support of the project by appropriate
representatives of States or territories of the United States
or other government jurisdictions in which the project will be
conducted.
(6) Information regarding the source and amount of matching
funding available to the applicant, as appropriate.
(7) A description of how the project meets one or more of
the criteria in subsection (g) of this section.
(8) Any other information the Administrator considers to be
necessary for evaluating the eligibility of the project for
funding under this title.
(f) Project Review and Approval.--
(1) In general.--The Administrator shall review each final
coral conservation project proposal to determine if it meets
the criteria set forth in subsection (g).
(2) Review; approval or disapproval.--Not later than 3
months after receiving a final project proposal under this
section, the Administrator shall--
(A) request written comments on the proposal from
each State or territorial agency of the United States
or other government jurisdiction, including the
relevant regional fishery management councils
established under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.), or any National Marine Sanctuary, with
jurisdiction or management authority over coral reefs
or coral reef ecosystems in the area where the project
is to be conducted, including the extent to which the
project is consistent with locally-established
priorities;
(B) for projects costing more than $25,000, provide
for the regional, merit-based peer review of the
proposal and require standardized documentation of that
peer review;
(C) after considering any written comments and
recommendations based on the reviews under
subparagraphs (A) and (B), approve or disapprove the
proposal; and
(D) provide written notification of that approval
or disapproval to the person who submitted the
proposal, and each of those States, territories, and
other government jurisdictions.
(g) Criteria for Approval.--The Administrator may approve a final
project proposal under this section based on the extent that the
project will enhance the conservation of coral reefs by--
(1) implementing coral conservation programs which promote
sustainable development and ensure effective, long-term
conservation of coral reefs.;
(2) addressing the conflicts arising from the use of
environments near coral reefs or from the use of corals,
species associated with coral reefs, and coral products;
(3) enhancing compliance with laws that prohibit or
regulate the taking of corals, species associated with coral
reefs, and coral products or regulate the use and management of
coral reef ecosystems;
(4) developing sound scientific information on the
condition of coral reef ecosystems or the threats to such
ecosystems;
(5) promoting cooperative projects on coral reef
conservation that involve affected local communities, non-
governmental organizations, or others in the private sector; or
(6) increasing public knowledge and awareness of coral reef
ecosystems and issues regarding their long term conservation.
(h) Project Reporting.--Each grantee under this section shall
provide periodic reports, as specified by the Administrator. Each
report shall include all information required by the Secretary for
evaluating the progress and success of the project.
(i) Coral Reef Task Force.--The Administrator may consult with the
Coral Reef Task Force established under Executive Order 13089 (June 11,
1998), to obtain guidance in establishing coral conservation project
priorities under this section.
(j) Implementation Guidelines.--Within 90 days after the date of
enactment of this Act, the Administrator shall promulgate necessary
guidelines for implementing this section. In developing those
guidelines, the Administrator shall consult with regional and local
entities involved in setting priorities for conservation of coral
reefs.
SEC. 5. CORAL REEF CONSERVATION FUND.
(a) Fund.--The Administrator may enter into an agreement with an
organization authorizing such organization to receive, hold and
administer funds received pursuant to this section. The organization
shall invest, reinvest and otherwise administer the funds and maintain
such funds and any interest or revenues earned in a separate interest
bearing account, hereafter referred to as the Fund, established by such
organization solely to support partnerships between the public and
private sectors that further the purposes of this title.
(b) Authorization To Solicit Donations.--Consistent with 16 U.S.C.
3703, and pursuant to the agreement entered into under subsection (a)
of this section, an organization may accept, receive, solicit, hold
administer and use any gift or donation to further the purposes of this
title. Such funds shall be deposited and maintained in the Fund
established by an organization under subsection (a) of this section.
(c) Review of Performance.--The Administrator shall conduct a
continuing review of the grant program administered by an organization
under this section. Each review shall include a written assessment
concerning the extent to which that organization has implemented the
goals and requirements of this section.
(d) Administration.--Under the agreement entered into pursuant to
subsection (a) of this section, the Administrator may transfer funds
appropriated to carry out this Act to an organization. Amounts received
by an organization under this subsection may be used for matching, in
whole or in part, contributions (whether in currency, services, or
property) made to the organization by private persons and State and
local government agencies.
SEC. 6. EMERGENCY ASSISTANCE.
The Administrator may make grants to any State, local or
territorial government agency with jurisdiction over coral reefs for
emergencies to address unforeseen or disaster related circumstance
pertaining to coral reefs or coral reef ecosystems.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the
Secretary $3,800,000 for each of fiscal years 2000, 2001, and
2002 for grants under section 4, which may remain available
until expended.
(2) There are authorized to be appropriated to the
Secretary $200,000 for each of fiscal years 2000, 2001, and
2002 for emergency assistance under section 6.
(b) Use of Amounts Appropriated.--Not more than 5 percent of the
amounts appropriated under subsection (a) may be used by the Secretary,
through the Administrator, for administration of this title.
(c) Limitation.--Only amounts appropriated to implement this title
are subject to its requirements. | Coral Reef Conservation Act of 1999 - Directs the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to provide grants for the conservation of coral reefs.
Limits the Federal share to 50 percent of the total cost of any coral conservation project. Authorizes waivers.
Allows any relevant natural resource management authority of a State or U.S. territory or other government authority with jurisdiction over coral reefs or whose activities affect coral reefs, or educational or non-governmental institutions with demonstrated expertise in the conservation of coral reefs, to submit to the Administrator a coral conservation proposal.
Requires the Administrator to ensure that funding for grants awarded is distributed in following manner: (1) no less than 40 percent of available funds shall be awarded for coral conservation projects in the Pacific Ocean, Atlantic Ocean, Gulf of Mexico, and the Carribean Sea; and (2) remaining funds shall be awarded for projects that address emerging priorities or threats identified in consultation with the Coral Reef Task Force.
Sets forth proposal review guidelines, project approval criteria, and grantee reporting requirements.
Authorizes the Administrator to consult with the Task Force to obtain guidance in establishing coral conservation project priorities.
Authorizes the Administrator to enter into an agreement authorizing an organization to receive, hold, and administer funds received pursuant to this Act to support partnerships between the public and private sectors that further the purposes of this Act.
Authorizes the Administrator to make grants to any State, local, or territorial government agency with jurisdiction over coral reefs for emergencies to address unforseen or disaster related circumstance pertaining to coral reefs or coral reef ecosystems.
Authorizes appropriations. | {"src": "billsum_train", "title": "Coral Reef Conservation Act of 1999"} | 2,533 | 355 | 0.569917 | 1.55705 | 0.74958 | 4.669841 | 7.587302 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Environmental Improvement
Facilitation Act''.
SEC. 2. USE OF FEDERAL WATER POLLUTION CONTROL ACT CIVIL PENALTIES TO
FUND COMMUNITY ENVIRONMENTAL PROJECTS.
Section 309 of the Federal Water Pollution Control Act (33 U.S.C.
1319) is amended by adding at the end the following:
``(h) Use of Civil Penalties To Fund Community Environmental
Projects.--
``(1) Election.--Notwithstanding any other provision of
this Act or any other law, in the case of a civil or
administrative penalty assessed against an individual,
corporation, partnership, or association (referred to in this
subsection as a `private person') under this Act, the private
person may elect to--
``(A) pay the amount of the penalty to the Treasury
of the United States for deposit into the special
account described in section 3113(d) of title 31,
United States Code, for payment of public debt
obligations; or
``(B)(i) pay an amount not to exceed $500,000 of
the penalty to carry out a community environmental
project through an agreement entered into in accordance
with paragraph (2); and
``(ii) pay the remaining amount of the penalty in
accordance with subparagraph (A).
``(2) Agreements to carry out community environmental
projects.--
``(A) In general.--If a private person makes the
election described in paragraph (1)(B), the private
person, after consultation with and obtaining the
concurrence of the State and each political subdivision
of the State within the jurisdiction of which the
violation that resulted in the penalty occurred, shall
enter into an agreement with the parties described in
subparagraph (B) to pay the amount described in
paragraph (1)(B)(i) to an appropriate person in order
that the person may carry out 1 or more environmental
projects described in subparagraph (C). A separate
agreement shall be entered into with respect to each
penalty for which an election is made as described in
paragraph (1)(B).
``(B) Parties.--The parties to an agreement
referred to in subparagraph (A) shall be the private
person, the Administrator, and each person that is to
carry out the environmental project.
``(C) Environmental projects.--An environmental
project referred to in subparagraph (A)--
``(i) shall be described in the agreement,
which description shall include the type and
scope of the project and the time period in
which the project is to be carried out;
``(ii) shall be carried out within a city
or county in which the violation occurred;
``(iii) shall bear a relationship to the
nature of the violation;
``(iv) may not be inconsistent with any
Federal or State law;
``(v) may not duplicate an activity or
project for which Congress has specifically
appropriated funds; and
``(vi) may not consist of--
``(I) a monetary contribution to
environmental research conducted at a
college or university;
``(II) a study or assessment
(including a pollution prevention
assessment, a site assessment, an
environmental management system audit,
or a compliance audit) without a
commitment by a party to the agreement
or by another person or Federal entity
to implement the results of the study
or assessment; or
``(III) a project that is being
funded through a low-interest Federal
loan, a Federal contract, or a Federal
grant.
``(D) Oversight.--
``(i) In general.--The Administrator shall
ensure that an environmental project that is
the subject of an agreement entered into under
this subsection is carried out in accordance
with the terms of the agreement.
``(ii) Enforcement.--If the Administrator
determines that a private person that elected
under paragraph (1)(B) to enter into an
agreement fails to carry out the environmental
project in accordance with the agreement, the
Administrator may terminate the agreement and
require the private person to pay all or part
of the penalty amount described in paragraph
(1)(B)(i) as if no election had been made.''. | Local Environmental Improvement Facilitation Act - Amends the Federal Water Pollution Control Act to provide that, in the case of a civil or administrative penalty assessed against an individual, corporation, partnership, or association (private person), the private person may elect to pay: (1) the amount of the penalty to the Treasury for deposit into a special account for payment of public debt obligations; or (2) an amount not to exceed $500,000 of the penalty to carry out a community environmental project in accordance with this Act, with the remainder to be paid into the Treasury's special account.
Requires a private person who makes the latter election, after consulting with and obtaining the concurrence of the State and each political subdivision of the State within which the violation occurred, to enter into an agreement to pay the prescribed amount to an appropriate person to carry out one or more environmental projects. Requires a separate agreement to be entered into with respect to each penalty for which an election is made.
Sets forth provisions regarding: (1) suitable environmental projects; and (2) oversight. | {"src": "billsum_train", "title": "Local Environmental Improvement Facilitation Act"} | 929 | 220 | 0.701404 | 2.133613 | 0.84275 | 4.084906 | 4.09434 | 0.90566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom from Government Competition
Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Private sector business concerns, which are free to
respond to the private or public demands of the marketplace,
constitute the strength of the United States economic system.
(2) Competitive private enterprises are the most
productive, efficient, and effective sources of goods and
services.
(3) Unfair Government competition with the private sector
of the economy is detrimental to the United States economic
system.
(4) Unfair Government competition with the private sector
of the economy is at an unacceptably high level, both in scope
and in dollar volume.
(5) Current law and policy have failed to address
adequately the problem of unfair Government competition with
the private sector of the economy.
(6) It is in the public interest that the Federal
Government establish a consistent policy to rely on the private
sector of the economy to provide goods and services necessary
for or beneficial to the operation and management of Federal
agencies and to avoid unfair Government competition with the
private sector of the economy.
SEC. 3. DEFINITIONS.
In this Act, the term ``agency'' means--
(1) an executive department as defined by section 101 of
title 5, United States Code;
(2) a military department as defined by section 102 of such
title; and
(3) an independent establishment as defined by section
104(l) of such title.
SEC. 4. PROCUREMENT FROM PRIVATE SOURCES.
(a) Policy.--In the process of governing, the Federal Government
should not compete with its citizens. The competitive enterprise
system, characterized by individual freedom and initiative, is the
primary source of national economic strength. In recognition of this
principle, it has been and continues to be the general policy of the
Federal Government--
(1) to rely on commercial sources to supply the products
and services the Government needs;
(2) to refrain from providing a product or service if the
product or service can be procured more economically from a
commercial source; and
(3) to utilize Federal employees to perform inherently
governmental functions (as that term is defined in section 5 of
the Federal Activities Inventory Reform Act of 1998 (Public Law
105-270; 112 Stat. 2384)).
(b) General Rule.--Except as provided in subsection (c) and
notwithstanding any other provision of law, each agency shall obtain
all goods and services necessary for or beneficial to the
accomplishment of its authorized functions by procurement from private
sources.
(c) Exemptions.--Subsection (b) shall not apply to an agency with
respect to goods or services if--
(1) the goods or services are required by law to be
produced or performed, respectively, by the agency; or
(2) the head of the agency determines and certifies to
Congress in accordance with regulations promulgated by the
Director of the Office of Management and Budget that--
(A) Federal Government production, manufacture, or
provision of a good or service is necessary for the
national defense or homeland security;
(B) a good or service is so inherently governmental
in nature that it is in the public interest to require
production or performance, respectively, by Government
employees; or
(C) there is no private source capable of providing
the good or service.
(d) Method of Procurement.--The provision of goods and services not
exempt by subsection (c)(1) or (c)(2) shall be performed by an entity
in the private sector through--
(1) the divestiture of Federal involvement in the provision
of a good or service;
(2) the award of a contract to an entity in the private
sector, using competitive procedures, as defined in section 309
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 259) and section 2302 of title 10, United States
Code;
(3) converting an activity to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)); or
(4) conducting a public-private competitive sourcing
analysis in accordance with the procedures established by the
Office of Management and Budget and determining that using the
assets, facilities, and performance of the private sector is in
the best interest of the United States and that production or
performance, respectively, by the private sector provides the
best value to the taxpayer.
(e) Contracted Activities.--The head of an agency may utilize
Federal employees to provide goods or services previously provided by
an entity in the private sector upon completion of a public-private
competitive sourcing analysis described in subsection (d)(4), and after
making a determination that the provision of such goods or services by
Federal employees provides the best value to the taxpayer.
(f) Regulations.--The Director of the Office of Management and
Budget shall promulgate such regulations as the Director considers
necessary to carry out this section. In promulgating such regulations,
the Director shall assure that any State or territory, or political
subdivision of a State or territory, complies with the policy and
implements the requirements of this section when expending Federal
funds.
SEC. 5. STUDY AND REPORT.
The Director of the Office of Management and Budget, in conjunction
with the Comptroller General of the United States, shall carry out a
study to evaluate the activities carried out in each agency, including
those identified as commercial and inherently governmental in nature in
the inventory prepared pursuant to the Federal Activities Inventory
Reform Act (Public Law 105-270; 31 U.S.C. 501 note) and shall transmit
a report to the Congress prior to June 30 of each year. The report
shall include--
(1) an evaluation of the justification for exempting
activities pursuant to section 4(c); and
(2) a schedule for the transfer of commercial activities to
the private sector, pursuant to section 4(d), to be completed
within 5 years after the date on which such report is
transmitted to the Congress. | Freedom from Government Competition Act of 2009 - Requires each executive or military department or independent establishment to obtain all goods and services necessary for or beneficial to the accomplishment of its authorized functions by procurement from private sources, except if: (1) such goods or services are required by law to be produced or performed by such agency; or (2) the head of the agency determines and certifies that federal production or performance is necessary for the national defense or homeland security, that a good or service is so inherently governmental in nature that it is in the public interest to require production or performance by government employees, or that there is no private source capable of providing the good or service.
Requires such private sector provision of goods and services to be performed through: (1) the divestiture of federal involvement; (2) the award of a contract using competitive procedures; (3) converting an activity to performance by a qualified firm under at least 51% ownership by an Indian tribe or a Native Hawaiian Organization; or (4) conducting a public-private competitive sourcing analysis in accordance with Office of Management and Budget (OMB) procedures and determining that using the private sector is in the best interest of the United States and provides the best value to the taxpayer.
Authorizes an agency head to utilize federal employees to provide goods or services previously provided by a private sector entity upon completion of a public-private competitive sourcing analysis and after determining that provision by federal employees provides the best value.
Requires the Director to carry out a study, in conjunction with the Comptroller General, to evaluate the activities carried out in each agency. | {"src": "billsum_train", "title": "To require that the Federal Government procure from the private sector the goods and services necessary for the operations and management of certain Government agencies, and for other purposes."} | 1,329 | 340 | 0.576948 | 1.929949 | 0.786563 | 5.550633 | 4.098101 | 0.974684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Hiring Process Improvement
Act of 2010''.
SEC. 2. DEFINITION.
In this Act, the term ``agency''--
(1) means an Executive agency as defined under section 105
of title 5, United States Code; and
(2) shall not include the Government Accountability Office.
SEC. 3. STRATEGIC WORKFORCE PLAN.
(a) In General.--
(1) Development of plan.--Not later than 180 days after the
date of enactment of this Act and in every subsequent year, the
head of each agency, in consultation with the Office of
Personnel Management and the Office of Management and Budget,
shall develop a strategic workforce plan as part of the agency
performance plan required under section 1115 of title 31,
United States Code, to include--
(A) hiring projections, including occupation and
grade level;
(B) long-term and short-term strategic human
capital planning to address critical skills
deficiencies;
(C) recruitment strategies to attract highly
qualified candidates from diverse backgrounds;
(D) streamlining the hiring process to conform with
the provisions in this Act; and
(E) a specific analysis of the contractor
workforce, whether the balance between work being
performed by the Federal workforce and the contractor
workforce should be adjusted, and the capacity of the
agency to manage employees who are not Federal
employees and are doing the work of the Government.
(2) Inclusion in performance plan.--Section 1115(a) of
title 31, United States Code, is amended--
(A) in paragraph (5), by striking ``and'' after the
semicolon;
(B) in paragraph (6), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(7) include the strategic workforce plan developed under
section 3 of the Federal Hiring Process Improvement Act of
2010.''.
(b) Hiring Projections.--Agencies shall make hiring projections
made under strategic workforce plans available to the public, including
on agency websites.
(c) Submission to the Office of Personnel Management.--Each agency
strategic workforce plan shall be submitted to the Office of Personnel
Management.
(d) Governmentwide Strategic Workforce Plan.--Based on the agency
plans submitted under subsection (a), the Office of Personnel
Management shall--
(1) develop a governmentwide strategic workforce plan
updated at least annually to include the contents described
under subsection (a)(1) on a governmentwide basis; and
(2) make such plan available to the President, Congress,
and the public.
SEC. 4. FEDERAL JOB ANNOUNCEMENTS.
(a) Targeted Announcements.--In consultation with the Chief Human
Capital Officers Council, the head of each agency shall--
(1) take steps necessary to target highly qualified
applicant pools with diverse backgrounds before posting job
announcements;
(2) clearly and prominently post job announcements in
strategic locations convenient to, and accessible by, such
targeted applicant pools;
(3) seek to develop relationships with targeted and diverse
applicant pools to develop regular pipelines for high-quality
applicants; and
(4) post job announcements for a reasonable period of time.
(b) Public Notice Requirements.--The requirements of subsection (a)
shall not supersede public notice requirements.
(c) Plain Writing Requirement.--
(1) Definition.--In this subsection, the term ``plain
writing'' means writing that the intended audience can readily
understand and use because that writing is clear, concise,
well-organized, and follows other best practices of plain
writing.
(2) Requirement.--Not later than 180 days after the date of
enactment of this Act, all job announcements for Federal
positions shall be in plain writing in accordance with guidance
provided by the Office of Management and Budget.
(d) Contact Information.--Job announcements shall include contact
information for applicants to seek further information.
SEC. 5. APPLICATION PROCESS AND NOTIFICATION REQUIREMENTS.
(a) Application Process.--Not later than 180 days after the date of
enactment of this Act and in consultation with the Office of Personnel
Management and the Office of Management and Budget, the head of each
agency shall develop processes to--
(1) ensure that job announcements are open for a reasonable
period of time as determined by the head of the agency to allow
applicants from diverse backgrounds time to submit an
application;
(2) review and revise the hiring process of the agency to
create a streamlined and timely system for hiring decisions;
(3) allow applicants to submit a cover letter, resume, and
answers to brief questions, such as questions relating to
United States citizenship and veterans status, to complete an
application;
(4) allow applicants to submit application materials in a
variety of formats, including word processing documents and
portable document format;
(5) not require any applicant to provide a Social Security
number or any other personal identifying information
unnecessary for the initial review of an applicant for a
position;
(6) not require lengthy writing requirements such as
knowledge, skills, and ability essays as part of an initial
application;
(7) not require the submission of additional material in
support of an application, such as educational transcript,
proof of veterans status, and professional certifications,
unless necessary to complete the hiring process;
(8) provide for a valid, job-related assessment process to
help identify the best candidates for the position to be filled
and which does not place an unreasonable burden upon
applicants;
(9) ensure that applicants are given a reasonable amount of
time after the closing date of the job announcement to provide
additional necessary information; and
(10) include the hiring manager in all parts of the hiring
process, including--
(A) targeted recruitment;
(B) drafting the job announcement;
(C) review of the initial applications;
(D) interviewing the applicants; and
(E) the final decisionmaking process.
(b) Notification Requirements.--
(1) In general.--In consultation with the Chief Human
Capital Officers Council, the head of each agency shall develop
mechanisms under which each applicant for a Federal job vacancy
shall receive timely notification of the status of each
application or provide the applicant the ability to check on
the status of each application.
(2) Contents of notification.--A notification to an
applicant under this subsection shall include--
(A) notice of receipt of an application not later
than 5 business days after the application was received
by the employing agency;
(B) an explanation of the hiring process and an
estimated timeline of the next actions in the process;
(C) notice of the qualification and status of an
applicant after all applications for the applicable
position have been initially reviewed and ranked;
(D) notice of the qualifications and status of the
applicant after all interviews for the applicable
position are completed;
(E) for all applicants selected for an interview,
notice of the ongoing process if selected, including
the process for any needed security clearance or
suitability review, not later than the date of the
interview; and
(F) notice to nonaccepted applicants that the
applicable position is not open not later than 10
business days after the date on which--
(i) the selected candidate has accepted an
offer of employment; or
(ii) the job announcement has been
cancelled.
SEC. 6. APPLICANT INVENTORY.
(a) In General.--Section 3330 of title 5, United States Code, is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e)(1) The Office of Personnel Management shall establish and
keep current a comprehensive inventory of individuals seeking
employment in the Federal Government.
``(2) The inventory under this subsection shall--
``(A) be made available to agencies for use in filling
vacancies;
``(B) contain information voluntarily provided by
applicants for employment, including--
``(i) the resume and contact information provided
by the applicant; and
``(ii) any other information which the Office
considers appropriate;
``(C) retain information for no longer than 1 calendar
year;
``(D) not include information relating to--
``(i) the application of the applicant for a
specific vacancy announcement; or
``(ii) any other information relating to vacancy
announcements; and
``(E) shall provide for a mechanism to allow--
``(i) applicants to update resume, qualifications,
and contact information; and
``(ii) agency officials to search information in
the inventory by agency and job classification.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the date of enactment of this Act.
SEC. 7. TRAINING.
Not later than 120 days after the date of enactment of this Act--
(1) in consultation with the Chief Human Capital Officers
Council, the Office of Personnel Management shall develop and
notify agencies of a training program for human resources
professionals to implement the requirements of this Act; and
(2) each agency shall develop and submit to the Office of
Personnel Management a plan to implement the training program.
SEC. 8. REDUCTION IN THE LENGTH OF THE HIRING PROCESS.
(a) Agency Plans.--In consultation with the Office of Management
and Budget, the head of each agency shall develop a plan to reduce the
length of the hiring process, which shall include an analysis of the
current hiring process performed in accordance with standards
established by the Office of Personnel Management.
(b) Requirements.--To the extent practical, the plan shall require
that each agency fill identified vacancies not later than an average of
80 calendar days after the date of identification of the vacancy.
(c) Reports.--Each agency shall submit an annual report to Congress
on the average period of time required to fill each job, and whether
such jobs are cancelled or reopened.
SEC. 9. MEASURES OF FEDERAL HIRING EFFECTIVENESS.
(a) In General.--Each agency shall measure and collect information
on indicators of hiring effectiveness with respect to the following :
(1) Recruiting and hiring.--
(A) Ability to reach and recruit highly qualified
talent from diverse talent pools.
(B) Use and impact of each hiring authority and
flexibility to recruit most qualified applicants,
including the use of student internships and
scholarship programs as a talent pool for permanent
hires.
(C) Use and impact of special hiring authorities
and flexibilities to recruit diverse candidates,
including veteran, minority, and disabled candidates.
(D) The age, educational level, and source of
applicants.
(E) Length of time between the time a position is
advertised and the time a first offer of employment is
made.
(F) Length of time between the time a first offer
of employment for a position is made and the time a new
hire starts in that position.
(G) Number of internal and external applicants for
Federal positions.
(H) Number of positions filled compared to the
specific number in the annual workforce plan of the
agency, with specific reference to mission-critical
occupations or areas of critical shortage deficiencies.
(I) Number of offers accepted compared to the
number of offers made for permanent positions.
(2) Hiring manager assessment.--
(A) Manager satisfaction with the quality of the
applicants interviewed and new hires.
(B) Manager satisfaction with the match between the
skills of newly hired individuals and the needs of the
agency.
(C) Manager satisfaction with the hiring process
and hiring outcomes.
(D) Mission-critical deficiencies closed by new
hires and the connection between mission-critical
deficiencies and annual agency performance.
(E) Manager satisfaction with the length of time to
fill a position.
(3) Applicant assessment.--Applicant satisfaction with the
hiring process (including clarity of job announcement, reasons
for withdrawal of any application, user-friendliness of the
application process, communication regarding status of
application, and timeliness of hiring decision).
(4) New hire assessment.--
(A) New hire satisfaction with the hiring process
(including clarity of job announcement, user-
friendliness of the application process, communication
regarding status of application, and timeliness of
hiring decision).
(B) Satisfaction with the onboarding experience
(including timeliness of onboarding after the hiring
decision, welcoming and orientation processes, and
being provided with timely and useful new employee
information and assistance).
(C) New hire attrition.
(D) Investment in training and development for
employees during their first year of employment.
(E) Other indicators and measures as required by
the Office of Personnel Management.
(b) Reports.--
(1) In general.--Each agency shall submit on an annual
basis and in accordance with regulations prescribed under
subsection (c) the information collected under subsection (a)
to the Office of Personnel Management.
(2) Availability of recruiting and hiring information.--
Each year the Office of Personnel Management shall provide the
information submitted under paragraph (1) in a consistent
format to allow for a comparison of hiring effectiveness and
experience across demographic groups and agencies to--
(A) Congress before that information is made
publicly available; and
(B) the public on the website of the Office not
later than 90 days after the submission of the
information under paragraph (1).
(c) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Personnel
Management shall prescribe regulations directing the methodology,
timing, and reporting of the data described in subsection (a).
SEC. 10. REGULATIONS.
(a) In General.--Except as provided under section 9(c), not later
than 120 days after the date of enactment of this Act, the Director of
the Office of Personnel Management shall prescribe regulations as
necessary to carry out this Act.
(b) Consultation.--The Director of the Office of Personnel
Management shall consult the Chief Human Capital Officers Council in
the development of regulations under this section.
Passed the Senate May 18, 2010.
Attest:
NANCY ERICKSON,
Secretary. | Federal Hiring Process Improvement Act of 2010 - (Sec. 3) Requires the head of each executive agency (excluding the Government Accountability Office [GAO]) to develop a strategic workforce plan as part of the agency performance plan, to include: (1) hiring projections; (2) strategic human capital planning to address critical skills deficiencies; (3) recruitment strategies to attract highly qualified candidates from diverse backgrounds; (4) streamlining the hiring process; and (5) a specific analysis of the contractor workforce, the need to adjust the balance between work being performed by the federal workforce and the contractor workforce, and the capacity of the agency to manage employees who are not federal employees and are doing the work of the government.
Requires: (1) each agency strategic workforce plan to be submitted to the Office of Personnel Management (OPM); and (2) OPM to develop a government-wide strategic workforce plan based on such agency plans, update it annually, and make it available to the President, Congress, and the public.
(Sec. 4) Requires the agency head to: (1) target highly qualified applicant pools with diverse backgrounds; (2) post job announcements in strategic locations convenient to and accessible by such applicant pools; (3) seek to develop relationships with such applicant pools to develop regular pipelines for high-quality applicants; and (4) post job announcements for a reasonable period of time. Requires job announcements for federal positions to be in plain writing and to include contact information.
(Sec. 5) Directs the agency head to develop processes that: (1) revise its hiring process to create a streamlined and timely system for hiring decisions; (2) allow applicants to submit a cover letter, resume, and answers to brief questions to complete an application and to submit application materials in a variety of formats; (3) do not require provision of personal identifying information unnecessary for the initial review of an applicant, lengthy writing submissions such as knowledge, skills, and ability essays as part of an initial application, or additional material such as an educational transcript, proof of veterans status, or professional certifications unnecessary to complete the hiring process; (4) provide for a valid, job-related assessment to identify the best candidates without placing an unreasonable burden on applicants; (5) include the hiring manager in all parts of the hiring process; and (6) allow an applicant to check or receive timely notification of application status.
(Sec. 6) Requires OPM to establish and keep current a comprehensive inventory of individuals seeking employment in the federal government to be made available to agencies for use in filling vacancies.
(Sec. 7) Requires OPM to develop, and requires agencies to submit to OPM a plan to implement, a training program for human resources professionals to implement this Act.
(Sec. 8) Directs each agency to: (1) develop a plan to reduce the length of the hiring process to not more than an average of 80 calendar days after a vacancy is identified; and (2) report to Congress annually on the average period required to fill jobs and whether such jobs are canceled or reopened.
(Sec. 9) Requires each agency to measure, collect, and submit to OPM annually information on indicators of hiring effectiveness with respect to recruiting and hiring, hiring manager satisfaction, applicant satisfaction, and new hire satisfaction. Requires OPM each year to provide such information in a consistent format to permit a comparison of hiring effectiveness and experience across demographic groups and agencies. | {"src": "billsum_train", "title": "A bill to provide for improvements in the Federal hiring process and for other purposes."} | 3,049 | 739 | 0.649464 | 2.05599 | 0.747736 | 4.361795 | 4.289436 | 0.946454 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``George Washington National Forest
Mount Pleasant Scenic Area Act''.
SEC. 2. PURPOSES.
The purposes of this Act with respect to the George Washington
National Forest Mount Pleasant Scenic Area are to--
(1) ensure appropriate protection and preservation of the
scenic quality, water quality, natural characteristics, and water
resources;
(2) protect and manage vegetation to provide wildlife and fish
habitat, consistent with paragraph (1);
(3) provide areas that may develop characteristics of old-
growth forests; and
(4) provide a variety of recreation opportunities that are not
inconsistent with the preceding purposes.
SEC. 3. ESTABLISHMENT OF MOUNT PLEASANT NATIONAL SCENIC AREA.
(a) In General.--
(1) Establishment.--There is hereby established in the George
Washington National Forest, Virginia, the George Washington
National Forest Mount Pleasant Scenic Area (in this section
referred to as the ``scenic area'').
(2) Lands included in scenic area.--The scenic area shall
consist of certain lands in the George Washington National Forest,
Virginia, which comprise approximately seven thousand five hundred
and eighty acres, as generally depicted on a map entitled ``Mount
Pleasant National Scenic Area--Proposed'', dated June 21, 1993.
(3) Maps and descriptions.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file a map
and boundary description of the scenic area with the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives. The map
and description shall have the same force and effect as if included
in this Act, except that the Secretary is authorized to correct
clerical and typographical errors in such boundary description and
map. Such map and boundary description shall be on file and
available for public inspection in the Office of the Chief of the
Forest Service, Department of Agriculture. In the case of any
discrepancy between the acreage and the map described in paragraph
(2), the map shall control.
(b) Administration.--
(1) In general.--The Secretary of Agriculture (in this section
referred to as the ``Secretary'') shall administer the scenic area
in accordance with this Act and the laws and regulations generally
applicable to the National Forest System. In the event of conflict
between this Act and other laws and regulations, this Act shall
take precedence.
(2) Management plan.--Within three years after the date of the
enactment of this Act, the Secretary shall develop a management
plan for the scenic area as an amendment to the Land and Resource
Management Plan for the George Washington National Forest. Such an
amendment shall conform to the provisions of this Act. Nothing in
this Act shall require the Secretary to revise the Land and
Resource Management Plan for the George Washington National Forest
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(c) Roads.--After the date of the enactment of this Act, no new
permanent roads shall be constructed within the scenic area, except
that this prohibition shall not be construed to deny access to private
lands or interests therein in the scenic area.
(d) Vegetation Management.--No timber harvest shall be allowed
within the scenic area, except as may be necessary in the control of
fire, insects, and diseases and to provide for public safety and trail
access. Notwithstanding the foregoing, the Secretary may engage in
vegetation manipulation practices for maintenance of existing wildlife
clearings and visual quality. Firewood may be harvested for personal
use along perimeter roads under such conditions as the Secretary may
impose.
(e) Motorized Travel.--
(1) Authorized routes.--Motorized travel in the scenic area
shall be allowed on State Route 635. Subject to such conditions as
the Secretary may impose, motorized travel in the scenic area shall
also be allowed on Forest Development Road 51.
(2) Other areas.--Other than as provided in paragraph (1),
motorized travel shall not be permitted within the scenic area,
except that the Secretary may authorize motorized travel within the
scenic area as necessary for administrative use in furtherance of
the purposes of this Act and on temporary routes in support of
wildlife management projects.
(f) Fire.--Wildfires shall be suppressed in a manner consistent
with the purposes of this Act, using such means as the Secretary
considers appropriate.
(g) Insects and Disease.--Insect and disease outbreaks may be
controlled in the scenic area to maintain scenic quality, prevent tree
mortality, reduce hazards to visitors, or protect private lands.
(h) Water.--The scenic area shall be administered so as to maintain
or enhance existing water quality.
(i) Mining Withdrawal.--Subject to valid existing rights, all
federally owned lands in the scenic area are hereby withdrawn from
location, entry, and patent under the mining laws of the United States
and from leasing claims under the mineral and geothermal leasing laws
of the United States, including amendments to such laws.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | George Washington National Forest Mount Pleasant Scenic Area Act - Establishes in the George Washington National Forest, Virginia, the George Washington National Forest Mount Pleasant Scenic Area.
Sets forth provisions regarding administration of, and new roads, vegetation management, motorized travel, fire suppression, insects and disease control, and water quality in, the Area.
Withdraws all federally-owned lands in the Area from U.S. mining and mineral and geothermal leasing laws.
Directs the Secretary of Agriculture to develop a management plan for the Area as an amendment to the Land and Resource Management Plan for the George Washington National Forest. | {"src": "billsum_train", "title": "George Washington National Forest Mount Pleasant Scenic Area Act"} | 1,141 | 133 | 0.580262 | 1.59355 | 0.586816 | 3.810345 | 9.025862 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Functional Gastrointestinal and
Motility Disorders Research Enhancement Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Functional gastrointestinal and motility disorders
(FGIMDs) are chronic conditions associated with increased
sensitivity of the GI tract, abnormal motor functioning, and
brain-gut dysfunction.
(2) FGIMDs are characterized by symptoms in the GI tract
including pain or discomfort, nausea, vomiting, diarrhea,
constipation, incontinence, problems in the passage of food or
feces, or a combination of these symptoms.
(3) FGIMDs include conditions such as dysphagia,
gastroesophageal reflux disease, dyspepsia, cyclic vomiting
syndrome, gastroparesis, irritable bowel syndrome (IBS),
Hirschsprung's disease, chronic intestinal pseudo-obstruction,
bowel incontinence, and many others, which affect the
esophagus, stomach, gallbladder, small and large intestine, and
anorectal areas of the body.
(4) The severity of FGIMDs ranges from mildly uncomfortable
to debilitating and in some cases life-threatening.
(5) Effective treatments for the multiple symptoms of
FGIMDs are lacking, and while sufferers frequently use a
variety of medications and therapies for symptoms, few patients
report satisfaction with available treatments.
(6) Patients with FGIMDs frequently suffer for years before
receiving an accurate diagnosis, exposing them to unnecessary
and costly tests and procedures including surgeries, as well as
needless suffering and expense.
(7) The economic impact of FGIMDs is high. The annual cost
in the United States for IBS alone is estimated to be between
$1.7 billion and $10 billion in direct medical costs (excluding
prescription and over-the-counter medications) and $20 billion
in indirect medical costs.
(8) FGIMDs frequently take a toll on the workplace, as
reflected in work absenteeism, lost productivity, and lost
opportunities for the individual and society.
(9) Gastrointestinal symptoms consistent with functional
gastrointestinal disorders such as IBS and functional dyspepsia
have been recognized as a serious and disabling issue for
military veterans, particularly those who have been deployed.
(10) FGIMDs affect individuals of all ages including
children, and pediatric FGIMDs can be particularly serious,
leading to a lifetime of painful symptoms and medical expenses
associated with management of chronic illness or death.
(11) The National Institutes of Health's National
Commission on Digestive Diseases identified comprehensive
research goals related to FGIMDs in its April 2009 report to
Congress and the American public entitled ``Opportunities and
Challenges in Digestive Diseases Research: Recommendations of
the National Commission on Digestive Diseases''.
SEC. 3. FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS RESEARCH
ENHANCEMENT.
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. 409K. FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS.
``The Director of NIH may expand, intensify, and coordinate the
activities of the National Institutes of Health with respect to
functional gastrointestinal and motility disorders (in this section
referred to as `FGIMDs') by--
``(1) expanding basic and clinical research into FGIMDs by
implementing the research recommendations of the National
Commission on Digestive Diseases relating to FGIMDs;
``(2) providing support for the establishment of up to five
centers of excellence on FGIMDs at leading academic medical
centers throughout the country to carry out innovative basic,
translational, and clinical research focused on FGIMDs;
``(3) exploring collaborative research opportunities among
the National Institute of Diabetes and Digestive and Kidney
Diseases, the Office of Research on Women's Health, the Office
of Rare Disease Research, and other Institutes and Centers of
the National Institutes of Health;
``(4) directing the National Institute of Diabetes and
Digestive and Kidney Diseases to provide the necessary funding
for continued expansion and advancement of the FGIMDs research
portfolio through intramural and extramural research;
``(5) directing the National Institute of Diabetes and
Digestive and Kidney Diseases and the Eunice Kennedy Shriver
National Institute of Child Health and Human Development to
expand research into FGIMDs that impact children, such as
Hirschsprung's disease and cyclic vomiting syndrome, and
maternal health, such as fecal incontinence; and
``(6) exploring opportunities to partner with the
Department of Defense and the Department of Veterans Affairs to
increase research and improve patient care regarding FGIMDs
that commonly impact veterans and active duty military
personnel, such as IBS and dyspepsia.''.
SEC. 4. PROMOTING PUBLIC AWARENESS OF FUNCTIONAL GASTROINTESTINAL AND
MOTILITY DISORDERS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by adding at the end the following:
``SEC. 320B. PUBLIC AWARENESS OF FUNCTIONAL GASTROINTESTINAL AND
MOTILITY DISORDERS.
``The Secretary may engage in public awareness and education
activities to increase understanding and recognition of functional
gastrointestinal and motility disorders (in this section referred to as
`FGIMDs'). Such activities may include the distribution of print, film,
and web-based materials targeting health care providers and the public
and prepared and disseminated in conjunction with patient organizations
that treat FGIMDs. The information expressed through such activites
should emphasize--
``(1) basic information on FGIMDs, their symptoms,
prevalence, and frequently co-occurring conditions; and
``(2) the importance of early diagnosis, and prompt and
accurate treatment of FGIMDs.''.
SEC. 5. SENSE OF CONGRESS ON THE DEVELOPMENT AND OVERSIGHT OF
INNOVATIVE TREATMENT OPTIONS FOR FUNCTIONAL
GASTROINTESTINAL AND MOTILITY DISORDERS.
It is the sense of Congress that, considering the current lack of
effective treatment options for the global symptoms of functional
gastrointestinal and motility disorders (in this section referred to as
``FGIMDs'') and the inherent challenges of developing and bringing such
treatments to market, the Commissioner of Food and Drugs should
continue and accelerate important efforts to improve the development
and oversight of treatment options for FGIMDs by--
(1) enhancing the commitment to emerging efforts like the
Patient Reported Outcomes Consortium to expedite medical device
and drug development, study appropriate balances between risk
and patient benefit, and identify proper endpoints for
conditions without clear, biological indicators;
(2) enhancing the commitment to broad efforts like the
Critical Path Initiative focused on ensuring that scientific
breakthroughs are quickly translated into safe and beneficial
treatment options; and
(3) continuing collaboration with patient organizations
that treat FGIMDs so that the patient perspective is considered
when determining the need for innovative treatments. | Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2011 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH activities with respect to functional gastrointestinal and motility disorders (FGIMDs), including by: (1) expanding basic and clinical research into FGIMDs by implementing the research recommendations of the National Commission on Digestive Diseases, (2) providing support for the establishment of centers of excellence on FGIMDs, (3) directing the National Institute of Diabetes and Digestive and Kidney Diseases to provide the necessary funding for the continued expansion and advancement of the FGIMDs research portfolio through intramural and extramural research, and (4) directing such Institute and the Eunice Kennedy Shriver National Institute of Child Health and Human Development to expand research into FGIMDs that impact children.
Authorizes the Secretary of Health and Human Services (HHS) to engage in public awareness and education activities to increase understanding and recognition of FGIMDs. | {"src": "billsum_train", "title": "To expand the research activities of the National Institutes of Health with respect to functional gastrointestinal and motility disorders, and for other purposes."} | 1,618 | 231 | 0.479448 | 1.612652 | 0.717277 | 5.567568 | 7.286486 | 0.972973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transported Air Pollution Mitigation
Act of 2001''.
SEC. 2. SIP REQUIREMENTS FOR AREAS UPWIND OF OZONE NONATTAINMENT AREAS.
(a) SIP Revisions for All Areas.--Section 110(a) of the Clean Air
Act is amended by inserting the following new paragraph after paragraph
(3):
``(4) For each area (hereinafter in this paragraph referred to as
an `upwind area') in a State which, as determined by the State, causes
or significantly contributes to a violation of the national ambient air
quality standard for ozone in another area (hereinafter in this
paragraph referred to as a `downwind area') in the State, the State
shall submit, within 1 year of such determination, a revision of the
applicable implementation plan that includes a requirement that
either--
``(A) the upwind area reduce emissions of ozone or its
precursors by an amount determined by the State to be necessary
to mitigate impacts commensurate with the level of contribution
caused by the upwind area to air pollution concentrations in
the downwind area; or
``(B) the upwind area make payments to the State or to an
air quality district designated by the State to compensate the
downwind area in such amounts as such State finds necessary to
pay for the costs of emission reduction measures required to be
undertaken in the downwind area to fully mitigate the impacts
of pollutants transported from the upwind area.''.
(b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph
(4) of section 182(b) of the Clean Air Act is amended by adding the
following at the end thereof:
``(B) For each moderate area which the State determines to
cause or significantly contribute to a violation of the
national ambient air quality standards for ozone in a downwind
area (as identified by the State under section 110(a)(4)), the
State shall submit, within 1 year after such determination, a
revision to the applicable implementation plan that includes
all provisions necessary to provide for an enhanced vehicle
inspection and maintenance program as described in paragraph
(3) of subsection (c) of this section and the regulations of
the Administrator adopted pursuant to such paragraph (3).''.
SEC. 3. SIP REQUIREMENTS FOR STATES UPWIND OF OZONE NONATTAINMENT
AREAS.
(a) SIP Revisions for All Areas.--Section 126 of the Clean Air Act
is amended by inserting the following new subsection after subsection
(c):
``(d) States Upwind of Ozone Nonattainment Areas.--For each State
(hereinafter in this subsection referred to as an `upwind State')
which, as determined by the Administrator, causes or significantly
contributes to a violation of the national ambient air quality standard
for ozone in an area in one or more other States (hereinafter in this
paragraph referred to as a `downwind area'), the State shall submit,
within 1 year of such determination, a revision of the applicable
implementation plan provisions adopted under section 110(a)(2)(D)(ii)
that contains either or both the following:
``(1) Provisions under which the upwind State will require
reductions in emissions of ozone or its precursors by an amount
determined by the Administrator to be necessary to mitigate
impacts commensurate with the level of contribution caused by
sources in the upwind State to ozone concentrations in the
downwind area.
``(2) Provisions under which the upwind State will make
payments to the State or States in which all or part of the
downwind area is located or to an air quality district
designated by the Administrator to compensate such State or
States in such amounts as the Administrator finds necessary to
pay for the costs of emission reduction measures required to be
undertaken in the downwind area to fully mitigate the impacts
of pollutants transported from the upwind State.''.
(b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph
(4) of section 182(b) of the Clean Air Act is amended by adding the
following at the end thereof:
``(C) For each moderate area which the Administrator
determines to cause or significantly contribute to a violation
of the national ambient air quality standards for ozone in a
downwind area (as identified by the Administrator under section
126(d)), the State shall submit, within 1 year after such
determination, a revision to the applicable implementation plan
that includes all provisions necessary to provide for an
enhanced vehicle inspection and maintenance program as
described in paragraph (3) of subsection (c) of this section
and the regulations of the Administrator adopted pursuant to
such paragraph (3).''.
SEC. 4. MAINTENANCE PLANS.
(a) Requirements for Maintenance Plans.--(1) Subsection (a) of
section 175A of the Clean Air Act is amended by adding the following at
the end thereof: ``Such plan shall also be amended within 1 year after
the later of--
``(1) the date of enactment of the Transported Air
Pollution Mitigation Act of 2001, or
``(2) the date on which the request under section 107(d) is
submitted
to include measures to provide for an enhanced vehicle inspection and
maintenance program as described in paragraph (3) and (4) of section
182(c) and the regulations of the Administrator adopted pursuant to
such paragraphs if the State determines that the area requesting
redesignation is causing or significantly contributing to a violation
of the national ambient air quality standards for ozone in a downwind
area (as identified by the State under section 110(a)(4)) or if the
Administrator determines that the area requesting redesignation is
causing or significantly contributing to a violation of the national
ambient air quality standards for ozone in a downwind State (as
identified by the Administrator under section 126(d)).''.
(b) Transport Mitigation.--Section 175A of the Clean Air Act is
amended by adding the following at the end thereof:
``(e) Transport Mitigation.--Each plan adopted under this section
shall be amended within 1 year after the enactment of this subsection
to require that any upwind area (as identified by the State under
section 110(a)(4)) and any upwind State (as identified by the
Administrator under section 126(d)) that is designated as an attainment
area that causes or significantly contributes to a violation of the
national ambient air quality standard for ozone in any downwind area
(as identified under section 110(a)(4) or section 126(d)) shall be
required by the applicable implementation plans under section 110 and
this part to implement all measures with respect to the air pollutant
concerned which were contained in the State implementation plan for
such upwind area before its redesignation as an attainment area. Such
measures shall include all existing control measures, as well as any
control measures not yet implemented that are necessary to fully
mitigate the transport of ozone and its precursors to such downwind
areas. There shall be no relaxation or rescission of any control
measure or rule in the upwind area or unwind State as long as sources
in such upwind area or State cause or contribute to a violation of the
national ambient air quality standard for ozone in any such downwind
area.''. | Transported Air Pollution Mitigation Act of 2001 - Amends the Clean Air Act to require States to submit for each area (an "upwind area") that causes or significantly contributes to a violation of the national ambient air quality standard for ozone in another ("downwind") area an implementation plan revision that requires the upwind area to either: (1) reduce ozone or precursor emissions by an amount necessary to mitigate impacts in the downwind area commensurate with the contribution of the upwind area; or (2) compensate the State or an air quality district in amounts necessary to pay costs of emission reduction measures to fully mitigate in the downwind area the impacts of transported pollutants.Requires States, for each Moderate ozone nonattainment area determined to be such an upwind area, to submit a plan revision containing provisions for an enhanced vehicle inspection and maintenance program required for Serious Areas.Imposes requirements analogous to those above upon upwind States (those that cause or significantly contribute to a violation of the national standard for ozone in an area in one or more other States).Requires maintenance plans for upwind areas and States (in cases of requests for redesignation of nonattainment areas) to be amended to include: (1) the enhanced vehicle inspection and maintenance measures described in this Act; and (2) implementation of all measures concerning the pollutant concerned which were contained in the implementation plan as well as those not yet implemented that are necessary to fully mitigate transport of ozone and its precursors to downwind areas. Prohibits relaxation or rescission of control measures or rules in such upwind areas or States. | {"src": "billsum_train", "title": "To amend the Clean Air Act to impose certain requirements on areas upwind of ozone nonattainment areas, and for other purposes."} | 1,647 | 357 | 0.804858 | 2.543262 | 0.926209 | 3.22973 | 4.881757 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Refinery Permit Process Schedule
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``applicant'' means a person who (with the
approval of the governor of the State, or in the case of Native
American tribes or tribal territories the designated leader of
the tribe or tribal community, where the proposed refinery
would be located) is seeking a Federal refinery authorization;
(3) the term ``biomass'' has the meaning given that term in
section 932(a)(1) of the Energy Policy Act of 2005;
(4) the term ``Federal refinery authorization''--
(A) means any authorization required under Federal
law, whether administered by a Federal or State
administrative agency or official, with respect to
siting, construction, expansion, or operation of a
refinery; and
(B) includes any permits, licenses, special use
authorizations, certifications, opinions, or other
approvals required under Federal law with respect to
siting, construction, expansion, or operation of a
refinery;
(5) the term ``refinery'' means--
(A) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
crude oil by any chemical or physical process,
including distillation, fluid catalytic cracking,
hydrocracking, coking, alkylation, etherification,
polymerization, catalytic reforming, isomerization,
hydrotreating, blending, and any combination thereof,
in order to produce gasoline or distillate;
(B) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
coal by any chemical or physical process, including
liquefaction, in order to produce gasoline or diesel as
its primary output; or
(C) a facility designed and operated to receive,
load, unload, store, transport, process (including
biochemical, photochemical, and biotechnology
processes), and refine biomass in order to produce
biofuel; and
(6) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
SEC. 3. STATE ASSISTANCE.
(a) State Assistance.--At the request of a governor of a State, or
in the case of Native American tribes or tribal territories the
designated leader of the tribe or tribal community, the Administrator
is authorized to provide financial assistance to that State or tribe or
tribal community to facilitate the hiring of additional personnel to
assist the State or tribe or tribal community with expertise in fields
relevant to consideration of Federal refinery authorizations.
(b) Other Assistance.--At the request of a governor of a State, or
in the case of Native American tribes or tribal territories the
designated leader of the tribe or tribal community, a Federal agency
responsible for a Federal refinery authorization shall provide
technical, legal, or other nonfinancial assistance to that State or
tribe or tribal community to facilitate its consideration of Federal
refinery authorizations.
SEC. 4. REFINERY PROCESS COORDINATION AND PROCEDURES.
(a) Appointment of Federal Coordinator.--
(1) In general.--The President shall appoint a Federal
coordinator to perform the responsibilities assigned to the
Federal coordinator under this Act.
(2) Other agencies.--Each Federal and State agency or
official required to provide a Federal refinery authorization
shall cooperate with the Federal coordinator.
(b) Federal Refinery Authorizations.--
(1) Meeting participants.--Not later than 30 days after
receiving a notification from an applicant that the applicant
is seeking a Federal refinery authorization pursuant to Federal
law, the Federal coordinator appointed under subsection (a)
shall convene a meeting of representatives from all Federal and
State agencies responsible for a Federal refinery authorization
with respect to the refinery. The governor of a State shall
identify each agency of that State that is responsible for a
Federal refinery authorization with respect to that refinery.
(2) Memorandum of agreement.--(A) Not later than 90 days
after receipt of a notification described in paragraph (1), the
Federal coordinator and the other participants at a meeting
convened under paragraph (1) shall establish a memorandum of
agreement setting forth the most expeditious coordinated
schedule possible for completion of all Federal refinery
authorizations with respect to the refinery, consistent with
the full substantive and procedural review required by Federal
law. If a Federal or State agency responsible for a Federal
refinery authorization with respect to the refinery is not
represented at such meeting, the Federal coordinator shall
ensure that the schedule accommodates those Federal refinery
authorizations, consistent with Federal law. In the event of
conflict among Federal refinery authorization scheduling
requirements, the requirements of the Environmental Protection
Agency shall be given priority.
(B) Not later than 15 days after completing the memorandum
of agreement, the Federal coordinator shall publish the
memorandum of agreement in the Federal Register.
(C) The Federal coordinator shall ensure that all parties
to the memorandum of agreement are working in good faith to
carry out the memorandum of agreement, and shall facilitate the
maintenance of the schedule established therein.
(c) Consolidated Record.--The Federal coordinator shall, with the
cooperation of Federal and State administrative agencies and officials,
maintain a complete consolidated record of all decisions made or
actions taken by the Federal coordinator or by a Federal administrative
agency or officer (or State administrative agency or officer acting
under delegated Federal authority) with respect to any Federal refinery
authorization. Such record shall be the record for judicial review
under subsection (d) of decisions made or actions taken by Federal and
State administrative agencies and officials, except that, if the Court
determines that the record does not contain sufficient information, the
Court may remand the proceeding to the Federal coordinator for further
development of the consolidated record.
(d) Remedies.--
(1) In general.--The United States District Court for the
district in which the proposed refinery is located shall have
exclusive jurisdiction over any civil action for the review of
the failure of an agency or official to act on a Federal
refinery authorization in accordance with the schedule
established pursuant to the memorandum of agreement.
(2) Standing.--If an applicant or a party to a memorandum
of agreement alleges that a failure to act described in
paragraph (1) has occurred and that such failure to act would
jeopardize timely completion of the entire schedule as
established in the memorandum of agreement, such applicant or
other party may bring a cause of action under this subsection.
(3) Court action.--If an action is brought under paragraph
(2), the Court shall review whether the parties to the
memorandum of agreement have been acting in good faith, whether
the applicant has been cooperating fully with the agencies that
are responsible for issuing a Federal refinery authorization,
and any other relevant materials in the consolidated record.
Taking into consideration those factors, if the Court finds
that a failure to act described in paragraph (1) has occurred,
and that such failure to act would jeopardize timely completion
of the entire schedule as established in the memorandum of
agreement, the Court shall establish a new schedule that is the
most expeditious coordinated schedule possible for completion
of proceedings, consistent with the full substantive and
procedural review required by Federal law. The court may issue
orders to enforce any schedule it establishes under this
paragraph.
(4) Federal coordinator's action.--When any civil action is
brought under this subsection, the Federal coordinator shall
immediately file with the Court the consolidated record
compiled by the Federal coordinator pursuant to subsection (c).
(5) Expedited review.--The Court shall set any civil action
brought under this subsection for expedited consideration.
SEC. 5. DESIGNATION OF CLOSED MILITARY BASES.
(a) Designation Requirement.--Not later than 90 days after the date
of enactment of this Act, the President shall designate no less than 3
closed military installations, or portions thereof, as potentially
suitable for the construction of a refinery. At least 1 such site shall
be designated as potentially suitable for construction of a refinery to
refine biomass in order to produce biofuel.
(b) Redevelopment Authority.--The redevelopment authority for each
installation designated under subsection (a), in preparing or revising
the redevelopment plan for the installation, shall consider the
feasibility and practicability of siting a refinery on the
installation.
(c) Management and Disposal of Real Property.--The Secretary of
Defense, in managing and disposing of real property at an installation
designated under subsection (a) pursuant to the base closure law
applicable to the installation, shall give substantial deference to the
recommendations of the redevelopment authority, as contained in the
redevelopment plan for the installation, regarding the siting of a
refinery on the installation. The management and disposal of real
property at a closed military installation or portion thereof found to
be suitable for the siting of a refinery under subsection (a) shall be
carried out in the manner provided by the base closure law applicable
to the installation.
(d) Definitions.--For purposes of this section--
(1) the term ``base closure law'' means the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) and title II of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note); and
(2) the term ``closed military installation'' means a
military installation closed or approved for closure pursuant
to a base closure law.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act shall be construed to affect the application of
any environmental or other law, or to prevent any party from bringing a
cause of action under any environmental or other law, including citizen
suits.
SEC. 7. REFINERY REVITALIZATION REPEAL.
Subtitle H of title III of the Energy Policy Act of 2005 and the
items relating thereto in the table of contents of such Act are
repealed. | Refinery Permit Process Schedule Act - Authorizes the Administrator of the Environmental Protection Agency (EPA), upon the request of a state governor, or in the case of Native American tribes or tribal territories, the designated leader of the tribe or tribal community, to provide financial assistance to hire additional personnel to assist the state or tribe or tribal community with expertise in fields relevant to consideration of federal refinery authorizations.
Requires a federal agency responsible for refinery authorization to provide, upon the request of a state governor, or in the case of Native American tribes or tribal territories, the designated leader of the tribe or tribal community, technical, legal, or other nonfinancial assistance to facilitate state or tribal consideration of such authorizations.
Directs the President to appoint a federal coordinator to facilitate such authorizations.
Requires the coordinator, upon the request of an applicant seeking a federal refinery authorization, to establish a memorandum of agreement, executed by relevant federal and state agencies, setting forth the most expeditious coordinated schedule possible for completion of all such authorizations.
Instructs the President to designate at least three closed military installations as potentially suitable for the construction of a refinery. Requires that at least one such site be designated as potentially suitable for construction of a refinery to refine biomass in order to produce biofuel.
Requires the redevelopment authority, in preparing or revising the redevelopment plan for each such designated installation, to consider the feasibility and practicability of siting a refinery on the installation.
Amends the Energy Policy Act of 2005 to repeal certain requirements regarding refinery revitalization. | {"src": "billsum_train", "title": "To set schedules for the consideration of permits for refineries."} | 2,269 | 357 | 0.580352 | 1.912675 | 0.808243 | 4.786441 | 6.959322 | 0.942373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cybersecurity Education Enhancement
Act of 2005''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY TRAINING PROGRAMS
AND EQUIPMENT.
(a) In General.--The Secretary of Homeland Security, acting through
the Assistant Secretary of Cybersecurity, shall establish, in
conjunction with the National Science Foundation, a program to award
grants to institutions of higher education (and consortia thereof)
for--
(1) the establishment or expansion of cybersecurity
professional development programs;
(2) the establishment or expansion (or both) of associate
degree programs in cybersecurity; and
(3) the purchase of equipment to provide training in
cybersecurity for either professional development programs or
degree programs.
(b) Roles.--
(1) Department of homeland security.--The Secretary, acting
through the Assistant Secretary and in consultation with the
Director of the National Science Foundation, shall establish
the goals for the program established under this section and
the criteria for awarding grants.
(2) National science foundation.--The Director of the
National Science Foundation shall operate the program
established under this section consistent with the goals and
criteria established under paragraph (1), including soliciting
applicants, reviewing applications, and making and
administering awards. The Director may consult with the
Assistant Secretary in selecting awardees.
(3) Funding.--The Secretary shall transfer to the National
Science Foundation the funds necessary to carry out this
section.
(c) Awards.--
(1) Peer review.--All awards under this section shall be
provided on a competitive, merit-reviewed basis.
(2) Focus.--In making awards under this section, the
Director shall, to the extent practicable, ensure geographic
diversity and the participation of women and underrepresented
minorities.
(3) Preference.--In making awards under this section, the
Director--
(A) shall give preference to applications submitted
by consortia of institutions, to encourage as many
students and professionals as possible to benefit from
the program established under this section; and
(B) shall give preference to any application
submitted by a consortium of institutions that includes
at least one institution that is eligible to receive
funds under title III or V of the Higher Education Act
of 1965.
(d) Institution of Higher Education Defined.--In this section the
term ``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for carrying out this section $3,700,000
for each of fiscal years 2006 and 2007.
SEC. 3. E-SECURITY FELLOWS PROGRAM.
(a) Establishment of Program.--Subtitle C of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
``SEC. 226. E-SECURITY FELLOWS PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a
fellowship program in accordance with this section for the
purpose of bringing State, local, tribal, and private sector
officials to participate in the work of the National
Cybersecurity Division in order to become familiar with the
Department's stated cybersecurity missions and capabilities,
including but not limited to--
``(A) enhancing Federal, State, local, and tribal
government cybersecurity;
``(B) developing partnerships with other Federal
agencies, State, local, and tribal governments, and the
private sector;
``(C) improving and enhancing public/private
information sharing involving cyber attacks, threats,
and vulnerabilities;
``(D) providing and coordinating incident response
and recovery planning efforts; and
``(E) fostering training and certification.
``(2) Program name.--The program under this section shall
be known as the E-Security Fellows Program.
``(b) Eligibility.--In order to be eligible for selection as a
fellow under the program, an individual must--
``(1) have cybersecurity-related responsibilities; and
``(2) be eligible to possess an appropriate national
security clearance.
``(c) Limitations.--The Secretary--
``(1) may conduct up to 2 iterations of the program each
year, each of which shall be 180 days in duration; and
``(2) shall ensure that the number of fellows selected for
each iteration does not impede the activities of the Division.
``(d) Condition.--As a condition of selecting an individual as a
fellow under the program, the Secretary shall require that the
individual's employer agree to continue to pay the individual's salary
and benefits during the period of the fellowship.
``(e) Stipend.--During the period of the fellowship of an
individual under the program, the Secretary shall, subject to the
availability of appropriations, provide to the individual a stipend to
cover the individual's reasonable living expenses during the period of
the fellowship.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 226. E-Security Fellows Program.''. | Cybersecurity Education Enhancement Act of 2005 - Directs the Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, to establish, in conjunction with the National Science Foundation, a program to award grants to institutions of higher education for: (1) cybersecurity professional development programs; (2) associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for either professional development or degree programs.
Requires the Director of the National Science Foundation to operate the program.
Amends the Homeland Security Act of 2002 to direct the Secretary to establish an e-security fellowship program to bring state, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to become familar with Department of Homeland Security cybersecurity missions and capabilities. | {"src": "billsum_train", "title": "To authorize the Secretary of Homeland Security to establish a program to award grants to institutions of higher education for the establishment or expansion of cybersecurity professional development programs, and for other purposes."} | 1,179 | 164 | 0.64675 | 1.69166 | 0.804755 | 5.311688 | 6.974026 | 0.961039 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Social Security Surplus
Preservation and Debt Reduction Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) The $69,246,000,000 unified budget surplus achieved in
fiscal year 1998 was entirely due to surpluses generated by the
social security trust funds and the cumulative unified budget
surpluses projected for subsequent fiscal years are primarily
due to surpluses generated by the social security trust funds;
(2) Congress and the President should balance the budget
excluding the surpluses generated by the social security trust
funds;
(3) according to the Congressional Budget Office, balancing
the budget excluding the surpluses generated by the social
security trust funds will reduce the debt held by the public by
a total of $1,859,500,000,000 by the end of fiscal year 2009;
(4) social security surpluses should be used for social
security reform or to reduce the debt held by the public and
should not be spent on other programs; and
(5) if Social Security surpluses are not raided to pay for
non-Social Security spending, they will, under current law, be
used to reduce the debt held by the public and thereby improve
the future viability of the Social Security system.
SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS.
(a) Protection by Congress.--
(1) Reaffirmation of support.--Congress reaffirms its
support for the provisions of section 13301 of the Budget
Enforcement Act of 1990 that provides that the receipts and
disbursements of the social security trust funds shall not be
counted for the purposes of the budget submitted by the
President, the congressional budget, or the Balanced Budget and
Emergency Deficit Control Act of 1985.
(2) Protection of social security benefits.--If there are
sufficient balances in the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund, the Secretary of Treasury shall give priority to the
payment of social security benefits required to be paid by law.
(b) Points of Order.--Section 301 of the Congressional Budget Act
of 1974 is amended by adding at the end the following:
``(j) Social Security Point of Order.--It shall not be in order in
the Senate to consider a concurrent resolution on the budget, an
amendment thereto, or a conference report thereon that violates section
13301 of the Budget Enforcement Act of 1990.
``(k) Social Security Surplus Protection Point of Order.--
``(1) In general.--It shall not be in order in the Senate
to consider a concurrent resolution on the budget, an amendment
thereto, or a conference report thereon that sets forth a
deficit in any fiscal year.
``(2) Exception.--Paragraph (k) shall not apply if the
deficit for a fiscal year results solely from the enactment
of--
``(A) social security reform legislation, as
defined in section 253A(e)(2) of the Balanced Budget
and Emergency Deficit Control Act of 1985; or
``(B) provisions of legislation that are designated
as an emergency requirement pursuant to section
251(b)(2)(A) or 252(e) of the Balanced Budget and
Emergency Deficit Control Act of 1985.''.
(c) Supermajority Waiver and Appeal.--Subsections (c)(1) and (d)(2)
of section 904 of the Congressional Budget Act of 1974 are amended by
striking ``305(b)(2),'' and inserting ``301(k), 305(b)(2),''.
SEC 4. PRESIDENT'S BUDGET.
Section 1105(f) of title 31, United States Code, is amended by
striking ``in a manner consistent'' and inserting ``in compliance''.
SEC. 5. SENSE OF THE SENATE ON MEDICARE RESERVE FUND.
(a) Findings.--The Senate finds that--
(1) the Congressional budget plan has $505,000,000,000 over
ten years in unallocated budget surpluses that could be used
for long-term medicare reform, other priorities, or debt
reduction;
(2) the Congressional budget resolution for fiscal year
2000 already has set aside $90,000,000,000 over ten years
through a reserve fund for long-term medicare reform including
prescription drug coverage;
(3) the President estimates that his medicare proposal will
cost $46,000,000,000 over 10 years; and
(4) thus the Congressional budget resolution provides more
than adequate resources for medicare reform, including
prescription drugs.
(b) Sense of the Senate.--It is the sense of the Senate that the
Congressional budget resolution for fiscal year 2000 provides a sound
framework for allocating resources to medicare to modernize medicare
benefits, improve the solvency of the program, and improve coverage of
prescription drugs. | Makes it out of order in the Senate to consider a concurrent budget resolution (or amendment thereto or conference report thereon) that sets forth a deficit for any fiscal year. Makes such point of order inapplicable if the deficit for a fiscal year results solely from the enactment of social security reform legislation or provisions designated as emergency requirements.
Expresses the sense of the Senate that the congressional budget resolution for FY 2000 provides a sound framework for allocating resources to Medicare to modernize Medicare benefits, improve the solvency of the program, and improve coverage of prescription drugs. | {"src": "billsum_train", "title": "Social Security Surplus Preservation and Debt Reduction Act"} | 1,081 | 127 | 0.422507 | 1.208166 | 0.41724 | 5.273585 | 8.792453 | 0.915094 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Marihuana And Regulatory
Tolerance Enforcement Act''.
SEC. 2. INAPPLICABILITY OF CONTROLLED SUBSTANCES ACT TO MARIHUANA IN
CERTAIN STATES.
(a) In General.--Part E of the Controlled Substances Act (21 U.S.C.
871 et seq.) is amended by adding at the end the following:
``SEC. 521. INAPPLICABILITY TO MARIHUANA IN CERTAIN STATES.
``(a) In General.--For the period described in subsection (c), this
title shall not apply with respect to the production, manufacture,
distribution, prescribing, dispensing, possession, and use of marihuana
in a State if each of the following conditions is met:
``(1) The State submits a request to the Attorney General
certifying that the State has legalized marihuana for
recreational or medical use.
``(2) The request demonstrates, as determined by the
Attorney General, that the State has, or will have, in effect a
statewide regulatory regime for marihuana that is sufficient to
protect Federal interests, including each of the following:
``(A) Preventing the distribution of marihuana to
minors.
``(B) Preventing revenue from the sale of marihuana
from going to criminal enterprises, gangs, and cartels.
``(C) Preventing the diversion of marihuana from
States where the manufacture, distribution, dispensing,
and possession of marihuana is legal to other States.
``(D) Preventing State-authorized marihuana
activity from being used as a cover or pretext for the
trafficking of other illegal drugs or other illegal
activity.
``(E) Preventing violence and the use of firearms
in the cultivation and distribution of marihuana.
``(F) Preventing drugged driving and the
exacerbation of other adverse public health
consequences associated with marihuana use.
``(G) Preventing the growing of marihuana on public
lands and the attendant public safety and environmental
dangers posed by marihuana production on public lands.
``(H) Preventing marihuana possession or use on
Federal property.
``(I) Preventing distribution of tainted marihuana.
``(3) The State agrees to study and report annually to the
Attorney General regarding outcomes of legalizing marihuana in
the State on the following:
``(A) Youth marihuana use.
``(B) Rates of driving while intoxicated.
``(C) Diversion to other States.
``(D) Prevalence of drug-related organized crime
activity.
``(b) Finding by Attorney General.--
``(1) In general.--Not later than 90 days after receipt of
a request under subsection (a), the Attorney General shall--
``(A) issue a finding on whether the conditions
listed in subsection (a) are met; and
``(B) if the Attorney General finds that such
conditions are not met, include an explanation of the
reasons why such conditions are not met.
``(2) Failure to issue a finding.--If the Attorney General
fails to issue such a finding by the deadline specified in
paragraph (1), the Attorney General is deemed to have found
that the conditions listed in subsection (a) for the State
involved are met, subject to the Attorney General's authority
to revoke such a finding under subsection (e).
``(c) Duration of Period.--The period described in this subsection
is, with respect to a State, the period of 3 years beginning on the
effective date of the Attorney General's finding that the conditions
listed in subsection (a) are met. A State may submit requests under
subsection (a)(1) for subsequent, consecutive 3-year periods.
``(d) Effective Date.--The effective date of a finding under
subsection (b)(1) that the conditions listed in subsection (a) are met
with respect to a State shall be not sooner than the effective date of
the State's regulatory regime required by subsection (a)(2).
``(e) Loss of Waiver.--
``(1) In general.--The Attorney General may--
``(A) continually review the production,
manufacture, distribution, prescribing, dispensing,
possession, and use of marihuana in a State with
respect to which the Attorney General finds the
conditions listed in subsection (a) are met; and
``(B) after providing notice and an opportunity to
correct any failure to meet such conditions in
accordance with paragraph (2), revoke such finding if
the Attorney General finds that the conditions listed
in subsection (a) are no longer met.
``(2) Notice; opportunity to correct.--If the Attorney
General finds that the conditions listed in subsection (a) are
no longer met, the Attorney General shall give the State
involved--
``(A) notice of such finding; and
``(B) a period of not less than 180 days to correct
any failure to meet the conditions listed in subsection
(a).
``(f) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Federal Government from providing assistance
to a State (under Federal law other than this title) in the
implementation or enforcement of State law relating to the production,
manufacture, distribution, prescribing, dispensing, possession, or use
of marihuana.
``(g) Definition.--In this section, the term `tainted' means
containing microbes, pesticides, or controlled substances other than
marihuana.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public
Law 91-513) is amended by inserting at the end of the items relating to
part E of title II the following new item:
``Sec. 521. Inapplicability to marihuana in certain States.''. | State Marihuana And Regulatory Tolerance Enforcement Act This bill amends the Controlled Substances Act to prohibit federal enforcement of marijuana offenses in a state that: (1) requests a waiver from the Department of Justice (DOJ) certifying that it legalized marijuana; (2) demonstrates a regulatory scheme sufficient to protect federal interests (e.g., preventing marijuana distribution to minors); and (3) agrees to study and report on certain outcomes. DOJ may revoke the waiver of a state that fails to meets the conditions. | {"src": "billsum_train", "title": "State Marihuana And Regulatory Tolerance Enforcement Act"} | 1,402 | 127 | 0.533929 | 1.3813 | 0.591591 | 1.808081 | 12.171717 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Lands Rehabilitation and Job
Creation Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) The National Park Service's (NPS) 67,000 park assets
include over 17,000 buildings, 4,000 housing units, 1,200
campgrounds, 3,000 water and waste water systems, 5,000 miles
of paved roadways, and 18,000 miles of trails; in total, these
facilities have a replacement value in excess of $100 billion.
(2) The NPS's maintenance backlog can be traced to two
primary causes, the first being that new parks were added to
the National Park System with facilities that were frequently
in poor condition when transferred, and the second being that
inadequate funding and staffing over a number of years caused
routine maintenance to slip, slowly but steadily causing minor
problems to compound, leading to the need for major repairs and
in some cases, new construction.
(3) Over one-half of the backlogged infrastructure repair
and rehabilitation projects fall under the category of roads
and road-related infrastructure.
(4) To now reverse the backlog which has grown to nearly
$10 billion requires a concerted effort involving necessary
repairs and full funding of cyclic and routine maintenance
programs so that new problems can be treated at the earliest
possible stage.
(5) Although the American Recovery and Reinvestment Act of
2009 (ARRA) provided a much needed infusion of funds to kick-
start repairs in a number of parks, the NPS has identified
approximately $3.2 billion in highest priority critical system
deferred maintenance projects (those projects most important to
park operations) remaining.
(6) Because the ARRA-funded projects have depleted the
number of shovel-ready projects that NPS had ready for
construction, the NPS recommends that any funding increase
should be phased in over several years in order to allow the
NPS to rebuild its staff and support capacity.
(7) The NPS identifies preventive maintenance as the key to
slowing the growth of the maintenance backlog.
(8) The NPS cyclic maintenance program is currently funded
at about $100 million a year and is designed to perform
preventive maintenance through roof repairs, painting, and road
resealing. The NPS maintenance management system indicates a
need to increase this fund to $350 million annually, an
increase of $250 million from current levels.
(9) The NPS warns that any gains made through increased
cyclic maintenance efforts will be minimized unless additional
park operational maintenance is also increased.
(10) At the present time, the NPS has approximately 8,000
permanent and seasonal maintenance employees working within its
391 units. Virtually every park manager asserts that their
current staffing level is woefully insufficient to take on
identified maintenance needs, and as a result, needed repairs
go unaddressed, ultimately adding to an ever growing backlog.
(11) Evaluations by outside groups and individuals have
routinely identified a 50 to 100 percent maintenance staffing
shortfall in the parks they have visited. To increase
maintenance staffing by 50 percent would require an additional
operational increase of $350 million a year.
(12) The NPS estimates that in 4 to 6 months after funding
is provided, it can prepare needed plans and complete most of
its hiring efforts for additional construction and maintenance
work.
(13) With respect to National Forests, according to the
Wilderness Society, road removal and reclamation, rather than
road closings, are the best and most long-term solution to
addressing the negative impacts of roads on forest ecosystems.
With the proper training, roads and culverts can be reclaimed
and slopes recontoured, using the very same excavators,
bulldozers, and dump trucks used to build the roads in the
first place.
(14) For rural communities, road removal and reclamation
has the potential to create high-skill, high-wage, locally
based jobs, to improve community water supplies, and to enrich
fishing and hunting opportunities. Studies in Oregon and
northern California have shown that roadwork requiring heavy
equipment tends to be more locally based than thinning and
planting work, where crews often come from hundreds of miles
away.
(15) In the long run, the Forest Service estimates that
road and culvert reclamation would save taxpayers up to $1,200
per mile in reduced maintenance costs annually. Additionally,
each $1 million spent on road decommissioning will support an
estimated 11 direct jobs for heavy equipment operators and 3.5
jobs for other forest workers.
(16) While shovel-ready projects are good for rural
communities, the environment, and ultimately for taxpayers, the
reality is that the Forest Service currently has only a limited
number of shovel-ready roads-related projects on which to begin
work. To successfully allocate funding, the Forest Service
needs to identify its minimum road system, design the
engineering on projects to remove unneeded roads, and do the
project level National Environmental Policy Act analysis before
it can break ground. Like shovel-ready projects, this necessary
analysis work would also create family-wage, high-skilled,
green jobs.
SEC. 3. EMERGENCY SUPPLEMENTAL APPROPRIATIONS.
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, to provide emergency supplemental
appropriations for fiscal year 2010:
DEPARTMENT OF THE INTERIOR
National Park Service
operation of the national park service
For an additional amount for ``Operation of the National Park
Service'' for cyclic and routine maintenance and repair of visitor use,
cultural resource, and other park use facilities, $1,250,000,000, to
remain available until September 30, 2014: Provided, That the amount
under this heading is designated as an emergency requirement and
necessary to meet emergency needs pursuant to sections 403 and 423(b)
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
construction
For an additional amount for ``Construction'' for major repairs and
construction, $2,000,000,000, to remain available until September 30,
2014: Provided, That the amount under this heading is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
DEPARTMENT OF AGRICULTURE
Forest Service
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'' for road-related projects, including road
decommissioning, $500,000,000, to remain available until September 30,
2014: Provided, That at least $100,000,000 of the amount appropriated
under this heading shall be for identifying a minimum road system for
every national forest and grassland pursuant to section 212.5(b) of
title 36, Code of Federal Regulations, as in effect on December 10,
2009: Provided further, That at least $100,000,000 of the amount
appropriated under this heading shall be for inventorying, designing,
engineering, and executing the work to decommission unauthorized roads:
Provided further, The activities conducted under this heading may be
carried out through contracting with private entities: Provided
further, That the amount under this heading is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
highway infrastructure investment
For an additional amount for ``Highway Infrastructure Investment''
for the Park Roads and Parkways program for critical park road and
transportation-related infrastructure repairs and maintenance under
section 204 of title 23, United States Code, $1,000,000,000, to remain
available until September 30, 2014: Provided, That the amount under
this heading is designated as an emergency requirement and necessary to
meet emergency needs pursuant to sections 403 and 423(b) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the budget for
fiscal year 2010. | Public Lands Rehabilitation and Job Creation Act - Makes emergency supplemental appropriations for FY2010 to: (1) the Department of the Interior for National Park Service operations and construction; (2) the Department of Agriculture for the Forest Service for capital improvement and maintenance road projects; and (3) the Department of Transportation (DOT) for the Federal Highway Administration (FHWA) for highway infrastructure investment. | {"src": "billsum_train", "title": "Making emergency supplemental appropriations for fiscal year 2010 for the National Park Service, National Forest Service, and Federal Highway Administration for public land rehabilitation, road projects, and job creation."} | 1,715 | 79 | 0.474268 | 1.288263 | 0.359747 | 2.546667 | 21.786667 | 0.946667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hopewell Township Investment Act of
1994''.
SEC. 2. CONVEYANCE OF LAND.
(a) Administrator of General Services.--The Administrator of
General Services (hereinafter in this Act referred to as the
``Administrator'') is authorized to transfer, by negotiated sale at
fair market value, to a nonprofit organization known as the ``Beaver
County Corporation for Economic Development'' all right, title, and
interest of the United States in and to those pieces or parcels of land
in Hopewell Township, Pennsylvania, described in subsection (c),
together with all improvements thereon and appurtenances thereto. The
purpose of the conveyance is to provide a site for economic development
in Hopewell Township.
(b) Conveyance Terms.--
(1) Date of conveyance.--The date of the conveyance of
property under subsection (a) shall be not later than the 180th
day following the date of the enactment of this Act.
(2) Terms and conditions.--The conveyance of property under
subsection (a) shall be subject to such terms and conditions as
may be determined by the Administrator to be necessary to
safeguard the interests of the United States. Such terms and
conditions shall be consistent with the terms and conditions
set forth in this Act.
(3) Quitclaim deed.--The conveyance of property under
subsection (a) shall be by quitclaim deed.
(c) Property Description.--The land referred to in subsection (a)
is the parcel of land in the township of Hopewell, county of Beaver,
Pennsylvania, bounded and described as follows:
(1) Beginning at the southwest corner at a point common to
Lot No. 1, same plan, lands now or formerly of Frank and
Catherine Wutter, and the easterly right-of-way line of
Pennsylvania Legislative Route No. 60 (Beaver Valley
Expressway); thence proceeding by the easterly right-of-way of
Pennsylvania Legislative Route No. 60 by the following three
courses and distances:
(A) North 17 degrees, 14 minutes, 20 seconds West,
213.10 feet to a point.
(B) North 72 degrees, 45 minutes, 40 seconds East,
30.00 feet to a point.
(C) North 17 degrees, 14 minutes, 20 seconds West,
252.91 feet to a point; on a line dividing Lot No. 1
from the other part of Lot No. 1, said part now called
Lot No. 5, same plan; thence by last mentioned dividing
line, North 78 degrees, 00 minutes, 00 seconds East;
135.58 to a point, a cul-de-sac on Industrial Drive;
thence by said cul-de-sac and the southerly side of
Industrial Drive by the following courses and
distances:
(i) By a curve to the right having a radius
of 100.00 feet for an arc distance of 243.401
feet to a point.
(ii) Thence by a curve to the right having
a radius of 100.00 feet for an arc distance of
86.321 feet to a point.
(iii) Thence by 78 degrees, 00 minutes, 00
seconds East, 777.78 feet to a point.
(iv) Thence, North 12 degrees, 00 minutes,
00 seconds West, 74.71 feet to a point.
(v) Thence by a curve to the right, having
a radius of 50.00 feet for an arc distance of
78.54 feet to a point.
(vi) Thence North 78 degrees, 00 minutes,
00 seconds East, 81.24 feet to a point.
(vii) Thence by a curve to the right,
having a radius of 415.00 feet for an arc
distance of 140.64 feet to a point.
(viii) Thence, South 82 degrees, 35
minutes, 01 second East, 125.00 feet to a
point.
(ix) Thence, South 7 degrees, 24 minutes,
59 seconds West, 5.00 feet to a point.
(x) Thence by a curve to the right, having
a radius of 320.00 feet for an arc distance of
256.85 feet to a point.
(xi) Thence by a curve to the right having
a radius of 50.00 feet for an arc distance of
44.18 feet to a point on the northerly side of
Airport Road.
(2) Thence by the northerly side thereof by the following:
(A) South 14 degrees, 01 minute, 54 seconds West,
56.94 feet to a point.
(B) Thence by a curve to the right having a radius
of 225.00 feet for an arc distance of 207.989 feet to a
point.
(C) Thence South 66 degrees, 59 minutes, 45 seconds
West, 192.08 feet to a point on the southern boundary
of Lot No. 1, which line is also the line dividing Lot
No. 1 from lands now or formerly, Frank and Catherine
Wutter.
(3) Thence by the same, South 75 degrees, 01 minutes, 00
seconds West, 1,351.23 feet to a point at the place of
beginning.
SEC. 3. ALTERNATIVE CONVEYANCE.
In the event that the conveyance under section 2(a) is not
completed on or before the 180th day following the date of the
enactment of this Act, the Administrator is authorized to dispose of
the land referred to in section 2(a) to Hopewell Township,
Pennsylvania, in accordance with section 203(k)(2) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)(2)).
Passed the House of Representatives October 4, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Hopewell Township Investment Act of 1994 - Authorizes the Administrator of General Services to convey, by negotiated sale at fair market value, certain land in Hopewell Township, Pennsylvania, to the Beaver County Corporation for Economic Development.
States that if such conveyance is not made within 180 days after the enactment of this Act, then the Administrator may dispose of the land under surplus property provisions of the Federal Property and Administrative Services Act of 1949. | {"src": "billsum_train", "title": "Hopewell Township Investment Act of 1994"} | 1,314 | 94 | 0.573383 | 1.579327 | 0.631304 | 2.975904 | 13.771084 | 0.855422 |
SECTION 1. EXPORTS OF ALASKAN NORTH SLOPE OIL.
Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by
amending subsection (s) to read as follows:
``exports of alaskan north slope oil
``(s)(1) Subject to paragraphs (2) through (6) of this subsection
and notwithstanding any other provision of this Act or any other
provision of law (including any regulation) applicable to the export of
oil transported by pipeline over right-of-way granted pursuant to
section 203 of the Trans-Alaska Pipeline Authorization Act (43 U.S.C.
1652), such oil may be exported unless the President finds that
exportation of this oil is not in the national interest. The President
shall make his national interest determination within five months of
the date of enactment of this subsection. In evaluating whether exports
of this oil are in the national interest, the President shall at a
minimum consider--
``(A) whether exports of this oil would diminish the total
quantity or quality of petroleum available to the United
States;
``(B) the results of an appropriate environmental review,
including consideration of appropriate measures to mitigate any
potential adverse effects of exports of this oil on the
environment, which shall be completed within four months of the
date of the enactment of this subsection; and
``(C) whether exports of this oil are likely to cause
sustained material oil supply shortages or sustained oil prices
significantly above world market levels that would cause
sustained material adverse employment effects in the United
States or that would cause substantial harm to consumers,
including noncontiguous States and Pacific territories.
If the President determines that exports of this oil are in the
national interest, he may impose such terms and conditions (other than
a volume limitation) as are necessary or appropriate to ensure that
such exports are consistent with the national interest.
``(2) Except in the case of oil exported to a country with which
the United States entered into a bilateral international oil supply
agreement before November 26, 1979, or to a country pursuant to the
International Emergency Oil Sharing Plan of the International Energy
Agency, any oil transported by pipeline over right-of-way granted
pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act
(43 U.S.C. 1652) shall, when exported, be transported by a vessel
documented under the laws of the United States and owned by a citizen
of the United States (as determined in accordance with section 2 of the
Shipping Act, 1916 (46 U.S.C. App. 802)).
``(3) Nothing in this subsection shall restrict the authority of
the President under the Constitution, the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), or the National
Emergencies Act (50 U.S.C. 1601 et seq.) to prohibit exports of this
oil or under Part B of title II of the Energy Policy and Conservation
Act (42 U.S.C. 6271-76).
``(4) The Secretary of Commerce shall issue any rules necessary for
implementation of the President's national interest determination,
including any licensing requirements and conditions, within 30 days of
the date of such determination by the President. The Secretary of
Commerce shall consult with the Secretary of Energy in administering
the provisions of this subsection.
``(5) If the Secretary of Commerce finds that exporting oil under
authority of this subsection has caused sustained material oil supply
shortages or sustained oil prices significantly above world market
levels and further finds that these supply shortages or price increases
have caused or are likely to cause sustained material adverse
employment effects in the United States, the Secretary of Commerce, in
consultation with the Secretary of Energy, shall recommend, and the
President may take, appropriate action concerning exports of this oil,
which may include modifying or revoking authority to export such oil.
``(6) Administrative action under this subsection is not subject to
sections 551 and 553 through 559 of title 5, United States Code.''.
SEC. 2. GAO REPORT.
(a) Review.--The Comptroller General of the United States shall
conduct a review of energy production in California and Alaska and the
effects of Alaskan North Slope oil exports, if any, on consumers,
independent refiners, and shipbuilding and ship repair yards on the
West Coast and in Hawaii. The Comptroller General shall commence this
review two years after the date of enactment of this Act and, within
six months after commencing the review, shall provide a report to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources and the Committee on Commerce of the House of
Representatives.
(b) Contents of Report.--The report shall contain a statement of
the principal findings of the review and recommendations for Congress
and the President to address job loss in the shipbuilding and ship
repair industry on the West Coast, as well as adverse impacts on
consumers and refiners on the West Coast and in Hawaii, that the
Comptroller General attributes to Alaska North Slope oil exports.
Passed the House of Representatives July 24, 1995.
Attest:
ROBIN H. CARLE,
Clerk. | Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil unless the President finds, within five months after enactment of this Act, that such exportation is not in the national interest. Sets forth mandatory considerations in evaluating whether such exportation is in the national interest, including an environmental review and supply and employment impact analysis. Mandates that, except in certain cases, such oil be transported by U.S.-owned merchant marine vessels. Retains the President's authority to prohibit exportation of the oil. Instructs the Secretary of Commerce to issue, within 30 days after the President's national interest determination, necessary rules, including any licensing requirements and conditions, to implement such determination. Directs the Secretary to recommend that the President take appropriate action (including modification of export authorization) if oil exports under authority of this Act have caused sustained material supply shortages or price increases significantly above world market levels, together with sustained material adverse effects upon domestic employment. Instructs the Comptroller General to review and report to specified congressional committees on energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports upon consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii. | {"src": "billsum_train", "title": "To permit exports of certain domestically produced crude oil, and for other purposes."} | 1,125 | 272 | 0.588603 | 1.830191 | 0.79165 | 3.221739 | 4.565217 | 0.865217 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Perchlorate Community Right-to-Know
Act of 2003''.
SEC. 2. PERCHLORATE POLLUTION PREVENTION.
The Federal Water Pollution Control Act is amended by inserting
after section 406 (33 U.S.C. 1346) the following:
``SEC. 407. PERCHLORATE POLLUTION PREVENTION.
``(a) Definitions.--In this section:
``(1) Fund.--The term `Fund' means the Perchlorate
Pollution Prevention Fund established by subsection (i)(1).
``(2) Perchlorate storage facility.--
``(A) In general.--The term `perchlorate storage
facility' means a facility that stores more than 375
pounds of perchlorate over the course of a calendar
year.
``(B) Exclusion.--The term `perchlorate storage
facility' does not include a facility that stores
perchlorate for a retail or law enforcement purpose.
``(b) Discharge of Perchlorate.--
``(1) Notification.--
``(A) In general.--Any person that, without regard
to intent or negligence, causes or permits to occur a
discharge of perchlorate into or on any waters of the
United States shall notify the Administrator and the
appropriate State water pollution control agency of the
discharge as soon as practicable after--
``(i) the person has knowledge of the
discharge; and
``(ii) the notification may be provided
without substantially impeding cleanup or other
emergency measures.
``(B) Contents of notice.--A notice under
subparagraph (A) shall include--
``(i) the volume of perchlorate discharged;
``(ii) a description of the extent of the
discharge;
``(iii) a copy of each document relating to
any monitoring for potential discharges
undertaken by the person on or before the date
of the discharge; and
``(iv) a description of any actions taken
by the person in response to the discharge.
``(C) Failure to provide notice.--For each day for
which a person fails to provide the notice required by
subparagraph (A), the person shall--
``(i) be guilty of a misdemeanor; and
``(ii) be punished by a fine of not less
than $500 nor more than $5,000.
``(2) Discharge under permit.--Paragraph (1) applies to a
discharge of perchlorate under a permit issued under section
402 of the Federal Water Pollution Control Act (33 U.S.C.
1342).
``(3) Penalties.--A penalty collected under paragraph
(1)(B)(ii) shall be deposited in the Fund.
``(c) Submission of Information.--Not later than January 1, 2005,
each owner or operator of a perchlorate storage facility that has been
operated, by that owner or operator or by any other person, at any time
after January 1, 1950, shall submit to the Administrator and the
appropriate State water pollution control agency a report that
includes, for the period beginning on January 1, 1950 (or such later
date as the perchlorate storage facility initiated operations), and
ending on the date of submission of the report--
``(1) the volume of perchlorate stored during each calendar
year at the perchlorate storage facility;
``(2) a description of each method of storage used; and
``(3) a copy of each document relating to any monitoring
undertaken for potential discharges from the perchlorate
storage facility.
``(d) List of Perchlorate Storage Facilities.--Not later than June
1, 2005, and annually thereafter, the Administrator, in consultation
with each State water pollution control agency, shall publish in the
Federal register a list of perchlorate storage facilities operating in
the United States at any time during the period--
``(1) beginning on January 1, 1950; and
``(2) ending on the date of publication of the list.
``(e) List of Perchlorate Discharges.--Not later than June 1, 2005,
the Administrator, in consultation with each State water pollution
control agency, shall annually publish in the Federal Register a list
of discharges of perchlorate that occurred during the 1-year period
preceding the date of publication of the report (including a list of
locations at which perchlorate was detected in groundwater within the
State during that period).
``(f) Penalties.--
``(1) In general.--An owner or operator of a perchlorate
storage facility that violates subsection (c) shall be liable
for a civil penalty of not less than $500 nor more than $5,000
for each day of violation.
``(2) Determination of amount.--In determining the amount
of a civil penalty, a court of competent jurisdiction shall
consider all relevant circumstances, including--
``(A) the extent of harm or potential harm caused
by the violation;
``(B) the nature of the violation;
``(C) the period over which the violation occurred;
``(D) the frequency of any past violations by
perchlorate storage facility involved; and
``(E) any action taken to remedy the violation.
``(3) Deposit in fund.--A penalty collected under paragraph
(1) shall be deposited in the Fund.
``(g) Regulations.--Not later than June 1, 2005, the Administrator
shall promulgate regulations that--
``(1) require each perchlorate storage facility--
``(A) to meet minimum, industry-established
training standards; and
``(B) to be operated in a manner consistent with
industry-established best management practices; and
``(2) implement an outreach effort to educate owners and
operators of perchlorate storage facilities concerning the
regulations promulgated under this subsection.
``(h) State Loan Program.--
``(1) In general.--The Administrator, in coordination with
each State water pollution control agency, shall carry out a
loan program to assist public water suppliers and owners of
private wells in acquiring or providing water that meets
applicable Federal and State standards for drinking water to
replace water contaminated by perchlorate.
``(2) Applications.--A public water supplier or owner of a
private well that seeks to receive a loan under paragraph (1)
shall submit to the Administrator an application that is in
such form, and that contains such information, as the
Administrator shall require.
``(3) Amount.--A loan provided under paragraph (1) shall be
for not less than $10,000 and not more than $750,000.
``(4) Term.--The term of a loan provided under paragraph
(1) shall be--
``(A) not more than 20 years, if the loan is
secured by real property; or
``(B) not more than 10 years, if the loan is not
secured by real property.
``(5) Interest rate.--The interest rate for a loan shall be
equal to the rate of interest applicable at the time of the
loan commitment to Federal securities having a term of 10
years.
``(6) Use of loan funds.--Funds from a loan provided under
paragraph (1) may be used to pay up to 100 percent of costs
incurred by the recipient of the loan in acquiring or providing
water that meets applicable Federal and State standards for
drinking water to replace water contaminated by perchlorate.
``(7) Loan fee.--
``(A) In general.--The Administrator may charge a
loan fee, not to exceed an amount equal to 2 percent of
the amount of the loan, to an applicant for a loan
under paragraph (1).
``(B) Deposit in fund.--The Administrator shall
deposit each loan fee collected under subparagraph (A)
in the Fund.
``(i) Perchlorate Pollution Prevention Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a revolving fund, to be known as the
`Perchlorate Pollution Prevention Fund', to be used in carrying
out this section, consisting of--
``(A) such amounts as are deposited in the Fund
under subsections (b)(3), (f)(3), and (h)(7)(B); and
``(B) any interest earned on investment of amounts
in the Fund under paragraph (3).
``(2) Expenditures from fund.--
``(A) In general.--Subject to subparagraph (B),
upon request by the Administrator, the Secretary of the
Treasury shall transfer from the Fund to the
Administrator such amounts as the Administrator
determines are necessary--
``(i) to carry out this section; and
``(ii) to provide loans under subsection
(h).
``(B) Administrative expenses.--An amount not
exceeding 5 percent of the amounts in the Fund shall be
available in each fiscal year to pay the administrative
expenses necessary to carry out this subsection.
``(3) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals. Investments may be made only
in interest-bearing obligations of the United States.
``(B) Acquisition of obligations.--For the purpose
of investments under subparagraph (A), obligations may
be acquired--
``(i) on original issue at the issue price;
or
``(ii) by purchase of outstanding
obligations at the market price.
``(C) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
``(D) 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.
``(4) Transfers of amounts.--
``(A) In general.--The amounts required to be
transferred to the Fund under this subsection 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 were in excess of or less than the amounts
required to be transferred.
``(j) Reports.--Not later than 1 year after the date of enactment
of this section, and annually thereafter, the Administrator shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Resources and the Committee on Energy and Commerce
of the House of Representatives a report that describes progress made
in implementing this section.
``(k) No Effect on State Law.--Nothing in this section preempts or
otherwise affects any State law (including any State law that contains
a requirement that is more stringent than a requirement under this
section).''. | Perchlorate Community Right-to-Know Act of 2003 - Amends the Federal Water Pollution Control Act to require that information on the discharge and storage of perchlorate be reported to the Environmental Protection Agency (EPA) and the appropriate State water pollution control agency.Impose fines on violators.Requires that fines be deposited in a newly created Perchlorate Pollution Prevention Fund and used for loans to public water suppliers and private well owners to replace water contaminated by perchlorate. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to establish a perchlorate pollution prevention fund and to establish safety standards applicable to owners and operators of perchlorate storage facilities."} | 2,437 | 117 | 0.576412 | 1.318715 | 0.495503 | 3.094118 | 26.305882 | 0.858824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``At-Birth Abandoned Baby Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) each year thousands of babies throughout the United
States are abandoned by their parents shortly after birth, such
as when a mother gives birth at a hospital under an assumed
name and address and then disappears afterwards, leaving the
baby behind, when the whereabouts of the parents are unknown,
and when babies are left to die in garbage dumpsters because
their mothers cannot care for them;
(2) babies who are abandoned during the formative months
occurring shortly after birth are denied the ability to bond
with a loving parent or parents;
(3) the process of attachment or bonding between a baby and
the same adults is essential to the development of a healthy
personality in the baby;
(4) the Inspector General of the Department of Health and
Human Services, in the February 1990 report entitled ``Crack
Babies'', states that legislation ``should reduce barriers to
placing drug exposed infants into foster care and adoptive
homes and establish `fast track' procedures to expedite child
welfare cases involving drug abuse''; and
(5) according to experts, current legal rules and agency
policies make it exceedingly difficult and time consuming to
terminate parental rights of those parents who truly abandon
their babies, and as a result very few of those abandoned
babies are available for adoption;
(6) the welfare of babies abandoned during the formative
months occurring shortly after birth is of such special
interest and concern to our society that if there are persons
desiring to adopt and parentally bond with such a baby, the
baby should be afforded the right to expeditious placement
with, and adoption by, such persons; and
(7) other steps should be taken to expedite the adoption of
babies who are abandoned during the formative months occurring
shortly after birth.
SEC. 3. PURPOSE.
The purpose of this Act is to require States to implement a system
that will expedite the initiation of the adoption process for babies
abandoned at birth. In doing so, States shall appoint competent persons
to be preadoptive parents for babies abandoned at birth in order to
provide a proper and loving home during the infants' formative months.
The preadoptive parents will also be responsible for initiating legal
proceedings that could lead to the legal adoption of the infant. Once
the proceedings have been initiated, the State courts of proper
jurisdiction will continue to be responsible for the final decision,
taking into account the legal rights of all the parties involved,
including the baby abandoned at birth, the natural parents, the
preadoptive parents, and the State.
SEC. 4. ADOPTION BY PREADOPTIVE PARENTS OF BABIES ABANDONED AT BIRTH.
(a) Certain State Laws Required as Condition of Approving State
Plan for Foster Care and Adoption Assistance.--
(1) In general.--Section 471 of the Social Security Act (42
U.S.C. 671) is amended by adding at the end the following:
``(c)(1) The Secretary shall not approve a State plan under this
part unless there is in effect in the State laws and rules of law which
provide all of the following:
``(A) Within 30 days after the State obtains custody of a
baby abandoned at birth, the State shall--
``(i) find 1 or more individuals to be the
preadoptive parents of the baby;
``(ii) designate such individual or individuals as
the preadoptive parents of the baby; and
``(iii) place the baby with such individual or
individuals.
``(B)(i) During the 90-day period beginning on the date a
baby abandoned at birth is placed with the preadoptive parents
of the baby, the preadoptive parents shall have the right to
petition the courts of the State for an expedited hearing--
``(I) to terminate the parental rights of all other
persons with respect to the baby; and
``(II) to become the adoptive parents of the baby.
``(ii) In determining whether to grant a petition described
in clause (i), the courts of the State shall not draw any
inference adverse to the interests of a petitioner by reason of
the present or former status of any petitioner as a foster
parent.
``(C) If the preadoptive parents of a baby abandoned at
birth fail to file a petition described in subparagraph (B)(i)
during the 90-day period described in subparagraph (B)(i), the
State shall--
``(i) immediately revoke their designation as the
preadoptive parents of the baby; and
``(ii) within 30 days after the end of such 90-day
period--
``(I) find 1 or more individuals (other
than the former preadoptive parents of the
baby) to be the new preadoptive parents of the
baby;
``(II) designate such individual or
individuals as the preadoptive parents of the
baby; and
``(III) place the baby with such individual
or individuals.
``(2) As used in this subsection:
``(A) The term `baby abandoned at birth' means a child
who--
``(i) has been physically abandoned by the parents
or legal guardians of the child for a time during the
critical period; and
``(ii) has not attained the age of 18 months.
``(B) The term `critical period' means, with respect to a
child, the period beginning with the date the child is born and
ending with--
``(i) a date which may be specified by State law,
if such date occurs not earlier than 3 months, and not
later than 6 months, after the date the child is born;
or
``(ii) the date the child attains the age of 6
months, if State law fails to specify a date in
accordance with clause (i).
``(3) The provisions and rules of State law that are enacted or
adopted pursuant to this subsection shall not be construed to affect
any provision or rule of State law with respect to the abandonment of
children that is not so enacted or adopted, except to the extent that
such provisions or rules of State law are in direct conflict.''.
(2) Conforming amendment.--Section 471(b) of such Act (42
U.S.C. 671(b)) is amended by striking ``the provisions of
subsection (a) of this section'' and inserting ``subsections
(a) and (c)''.
(b) Babies Abandoned at Birth Treated as Children With Special
Needs for Purposes of Adoption Assistance Program.--
(1) In general.--Section 473 of such Act (42 U.S.C. 673) is
amended by adding at the end the following:
``(d) Notwithstanding subsection (c), for purposes of this section,
a child who is or was a baby abandoned at birth (as defined in section
471(c)(2)(A)) shall be considered a child with special needs.''.
(2) Applicability.--The amendment made by paragraph (1)
shall not apply to any child who attains the age of 18 months
before the date of the enactment of this Act.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall apply to payments under title IV of
the Social Security Act for calendar quarters beginning after the
calendar quarter in which this Act is enacted.
(b) Delay Permitted if State Legislation Required.--In the case of
a State plan approved under title IV 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 part 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
the enactment of this Act. For purposes of the previous sentence, in
the case of a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session of the
State legislature. | At-Birth Abandoned Baby Act of 1993 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require States to place babies abandoned at birth with preadoptive parents within 30 days of obtaining custody of such babies, and to find new preadoptive parents for such babies if the initial preadoptive parents do not petition the courts of the State within 90 days of receiving them for an expedited hearing to become their permanent adoptive parents. Treats such babies as children with special needs, thus qualifying their adoptive parents for adoption assistance. | {"src": "billsum_train", "title": "At-Birth Abandoned Baby Act of 1993"} | 1,899 | 134 | 0.550178 | 1.524563 | 0.649158 | 2.820755 | 16.433962 | 0.896226 |
SECTION 1. REVISION OF TAX TREATMENT OF DERIVATIVE TRANSACTIONS ENTERED
INTO BY A CORPORATION WITH RESPECT TO ITS STOCK.
(a) In General.--Section 1032 of the Internal Revenue Code of 1986
(relating to exchange of stock for property) is amended to read as
follows:
``SEC. 1032. TRANSACTIONS BY A CORPORATION WITH RESPECT TO ITS STOCK.
``(a) Nonrecognition of Gain or Loss.--No gain or loss shall be
recognized to a corporation on the receipt of property (including
money) or services in exchange for stock of such corporation.
``(b) Treatment of Derivative Transactions.--
``(1) Nonrecognition treatment.--
``(A) In general.--Except as provided in paragraph
(2), section 1032 derivative items of a corporation
shall not be taken into account in determining such
corporation's liability for tax under this subtitle.
``(B) Section 1032 derivative items.--For purposes
of subparagraph (A), the term `section 1032 derivative
item' means any item of income, gain, loss, or
deduction if--
``(i) such item arises out of the rights or
obligations under any option or forward or
futures contract to the extent such option or
contract relates to the corporation's stock (or
is attributable to any transfer or
extinguishment of any such right or
obligation), or
``(ii) such item arises under any other
contract or position but only to the extent
that such item reflects (or is determined by
reference to) changes in the value of such
stock or distributions thereon.
Such term shall not include any deduction allowable
under section 83 and shall not include any deduction
for any item which is in the nature of compensation for
services rendered. For purposes of this subparagraph,
de minimis relationships shall be disregarded.
``(2) Income recognition on certain forward contracts.--
``(A) In general.--If--
``(i) a corporation acquires its stock, and
``(ii) such acquisition is part of a plan
(or series of related transactions) pursuant to
which the corporation enters into a forward
contract with respect to its stock,
such corporation shall include amounts in income as if
the excess of the amount to be received under the
forward contract over the fair market value of the
stock as of the date the corporation entered into the
forward contract were original issue discount on a debt
instrument acquired on such date. The preceding
sentence shall apply only to the extent that the amount
of stock involved in the forward contract does not
exceed the amount acquired as described in clause (i).
``(B) Plan presumed to exist.--If a corporation
enters into a forward contract with respect to its
stock within the 60-day period beginning on the date
which is 30 days before the date that the corporation
acquires its stock, such acquisition shall be treated
as pursuant to a plan described in subparagraph (A)(ii)
unless it is established that entering into such
contract and such acquisition are not pursuant to a
plan or series of related transactions.
``(C) Forward contract.--The term `forward
contract' has the meaning given to such term by section
1259(d)(1); except that such term shall include any
transactions or series of related transactions having
the same effect as a forward contract (as so defined).
``(c) Treasury Stock Treated as Stock.--Any reference in this
section to stock shall be treated as including a reference to treasury
stock.
``(d) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations which treat the portion of an instrument which is
described in subsection (b) separately from the portion of such
instrument which is not so described.
``(e) Basis.--For basis of property acquired by a corporation in
certain exchanges for its stock, see section 362.''
(b) Clerical Amendment.--The item relating to section 1032 in the
table of sections for part III of subchapter O of chapter 1 of such
Code is amended to read as follows:
``Sec. 1032. Transactions by a
corporation with respect to its
stock.''
(c) Effective Date.--The amendments made by this section shall
apply to transactions entered into after the date of the enactment of
this Act. | Provides for nonrecognition of derivative gain, loss, or deduction items (as defined by this Act). Excepts certain forward contracts from such treatment. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to revise the tax treatment of derivative transactions entered into by a corporation with respect to its stock."} | 1,004 | 35 | 0.612823 | 1.462488 | 0.669887 | 1.964286 | 31.785714 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Section 8 Voucher Residential
Screening Committees Act''.
SEC. 2. NEIGHBORHOOD REVIEW COMMITTEES.
(a) In General.--Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended by inserting after subsection (k) the
following new subsection:
``(l) Neighborhood Review Committees.--
``(1) Establishment.--Each public housing agency that
administers tenant-based assistance under subsection (b) or (o)
of this section shall establish and maintain a neighborhood
review committee (in this subsection referred to as the
`committee'). The committee shall consist of not less than 3
and not more than 6 individuals, who shall be appointed by the
public housing agency and shall include not less than 3
individuals who are not, directly or indirectly, recipients of
housing assistance under this section or any other housing
assistance provided by the Federal Government or any State or
local government (not including single family mortgage
insurance provided under title II of the National Housing Act).
The members of the committee shall be residents of the
jurisdiction served by the agency. Members of the committee
shall serve for terms of not more than 2 years and there shall
be no limit to the number of terms that any member may serve.
``(2) Functions.--The committee shall obtain and review
information referred to in paragraphs (3) and (4) for the
purpose of advising the public housing agency regarding
enforcement of laws and regulations governing assistance
provided under the tenant-based rental assistance programs
under this section and assisting the agency to enforce such
laws and regulations.
``(3) Availability of records regarding assisted
families.--
``(A) In general.--Notwithstanding any other
provision of Federal or State law (including any law
regarding confidentiality of such information), the
committee for a public housing agency may obtain any of
the following records and information relating to any
member of a household on whose behalf tenant-based
assistance under subsection (b) or (o) of this section
is provided and who resides within the jurisdiction of
the agency:
``(i) Criminal conviction, arrest, and
activity records from any law enforcement
agency.
``(ii) Police reports.
``(iii) Juvenile arrest and punishment
records.
``(iv) References and reports of past or
present lessors.
``(v) Records of civil actions filed
against the member and any related judgments,
settlements, or other dispositions.
``(vi) Any other information reasonably
related to the procurement of information
described in this paragraph.
``(B) Applicability and notice.--This paragraph
shall apply with respect to any member of any household
on whose behalf such tenant-based assistance is
provided after the date on which the regulations
implementing this subsection take effect. A public
housing agency shall provide written notice to each
applicant for tenant-based assistance from the agency
of the effect of the provisions of this paragraph on
the applicant's rights to confidentiality of
information described in this paragraph.
``(4) Availability of records regarding landlords.--
``(A) In general.--Notwithstanding any other
provision of Federal or State law (including any law
regarding confidentiality of such information), the
committee for a public housing agency may obtain any of
the following records and information relating to any
owner of a dwelling unit located within the
jurisdiction of the agency for which assistance
payments are made under subsection (b) or (o) of this
section:
``(i) Criminal conviction, arrest, and
activity records from any law enforcement
agency.
``(ii) Police reports.
``(iii) Citations, convictions, fines, or
judgments for violations of any laws,
regulations, standards, or codes relating to
housing quality or habitability.
``(iv) Complaints, grievances, or actions
filed by any current or former tenants, and any
records of any related judgments, settlements,
or other dispositions.
``(v) Any other information reasonably
related to the procurement of information
described in this paragraph.
``(B) Applicability.--This paragraph shall apply
with respect to any owner of an assisted dwelling unit
for which assistance payments are made after the date
on which the regulations implementing this subsection
take effect.
``(5) Penalty.--Any person who obtains or uses information
under this subsection for purposes other than those described
in paragraph (2), or discloses such information in any manner
to any individual not authorized under law to receive such
information, shall be imprisoned not more than one year and
fined not more than $10,000 (and such offense is hereby
exempted from the applicability of the fine provided under
section 3571 of title 18, United States Code), or both.''.
(b) Regulations.--The Secretary of Housing and Urban Development
shall issue any regulations necessary to carry out the amendment made
by subsection (a) not later than the expiration of the 12-month period
beginning on the date of the enactment of this Act, and such
regulations shall take effect not later than the expiration of the 90-
day period beginning upon such issuance. | Section 8 Voucher Residential Screening Committees Act - Amends the United States Housing Act of 1937 with respect to the section 8 rental assistance voucher program to require each public housing agency to establish and maintain a neighborhood review committee which shall: (1) be made up of between three and six agency-area residents, of whom at least three must not be receiving housing assistance other than mortgage assistance; and (2) obtain and review references and certain enforcement-related information respecting assisted families and landlords. | {"src": "billsum_train", "title": "To establish neighborhood review committees to advise public housing agencies regarding the enforcement of laws and regulations governing assistance provided under tenant-based rental assistance programs."} | 1,130 | 102 | 0.555441 | 1.405658 | 1.127889 | 2.063158 | 11.473684 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Energy Act''.
SEC. 2. APPRAISALS.
(a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25
U.S.C. 3501 et seq.) is amended by adding at the end the following:
``SEC. 2607. APPRAISAL REFORMS.
``(a) Options to Indian Tribes.--With respect to a transaction
involving Indian land or the trust assets of an Indian tribe that
requires the approval of the Secretary, any appraisal relating to fair
market value required to be conducted under applicable law, regulation,
or policy may be completed by--
``(1) the Secretary;
``(2) the affected Indian tribe; or
``(3) a certified, third-party appraiser pursuant to a
contract with the Indian tribe.
``(b) Time Limit on Secretarial Review and Action.--Not later than
30 days after the date on which the Secretary receives an appraisal
conducted by or for an Indian tribe pursuant to paragraphs (2) or (3)
of subsection (a), the Secretary shall--
``(1) review the appraisal; and
``(2) provide to the Indian tribe a written notice of
approval or disapproval of the appraisal.
``(c) Failure of Secretary To Approve or Disapprove.--If, after 60
days, the Secretary has failed to approve or disapprove any appraisal
received, the appraisal shall be deemed approved.
``(d) Option to Indian Tribes To Waive Appraisal.--
``(1) An Indian tribe wishing to waive the requirements of
subsection (a), may do so after it has satisfied the
requirements of paragraphs (2) and (3).
``(2) An Indian tribe wishing to forego the necessity of a
waiver pursuant to this section must provide to the Secretary a
written resolution, statement, or other unambiguous indication
of tribal intent, duly approved by the governing body of the
Indian tribe.
``(3) The unambiguous indication of intent provided by the
Indian tribe to the Secretary under paragraph (2) must include
an express waiver by the Indian tribe of any claims for damages
it might have against the United States as a result of the lack
of an appraisal undertaken.
``(e) Definition.--For purposes of this subsection, the term
`appraisal' includes appraisals and other estimates of value.
``(f) Regulations.--The Secretary shall develop regulations for
implementing this section, including standards the Secretary shall use
for approving or disapproving an appraisal.''.
(b) Conforming Amendment.--The table of contents of the Energy
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the
end of the items relating to title XXVI the following:
``Sec. 2607. Appraisal reforms.''.
SEC. 3. STANDARDIZATION.
As soon as practicable after the date of the enactment of this Act,
the Secretary of the Interior shall implement procedures to ensure that
each agency within the Department of the Interior that is involved in
the review, approval, and oversight of oil and gas activities on Indian
lands shall use a uniform system of reference numbers and tracking
systems for oil and gas wells.
SEC. 4. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS.
Section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the
first sentence, and by adding at the end the following:
``(b) Review of Major Federal Actions on Indian Lands.--
``(1) Review and comment.--
``(A) In general.--Except as provided in
subparagraph (B), the statement required under
subsection (a)(2)(C) for a major Federal action
regarding an activity on Indian lands of an Indian
tribe shall only be available for review and comment
by--
``(i) Indian tribes in the affected area
and individual members of those tribes wherever
they reside;
``(ii) Other individuals who reside in the
affected area; and
``(iii) State and local governments within
the affected area.
``(B) Exception.--Subparagraph (A) shall not apply
to a statement for a major Federal action regarding an
activity on Indian lands of an Indian tribe related to
gaming under the Indian Gaming Regulatory Act.
``(2) Regulations.--The Chairman of the Council on
Environmental Quality shall develop regulations to implement
this section, including descriptions of affected areas for
specific major Federal actions, in consultation with Indian
tribes.
``(3) Definitions.--In this subsection, each of the terms
`Indian land' and `Indian tribe' has the meaning given that
term in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501).
``(4) Clarification of authority.--Nothing in the Native
American Energy Act, except section 6 of that Act, shall give
the Secretary any additional authority over energy projects on
Alaska Native Claims Settlement Act lands.''.
SEC. 5. JUDICIAL REVIEW.
(a) Time for Filing Complaint.--Any energy related action must be
filed not later than the end of the 60-day period beginning on the date
of the final agency action. Any energy related action not filed within
this time period shall be barred.
(b) District Court Venue and Deadline.--All energy related
actions--
(1) shall be brought in the United States District Court
for the District of Columbia; and
(2) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause of action is
filed.
(c) Appellate Review.--An interlocutory order or final judgment,
decree or order of the district court in an energy related action may
be reviewed by the United States Court of Appeals for the District of
Columbia Circuit. The District of Columbia Circuit Court of Appeals
shall resolve such appeal as expeditiously as possible, and in any
event not more than 180 days after such interlocutory order or final
judgment, decree or order of the district court was issued.
(d) Limitation on Certain Payments.--Notwithstanding section 1304
of title 31, United States Code, no award may be made under section 504
of title 5, United States Code, or under section 2412 of title 28,
United States Code, and no amounts may be obligated or expended from
the Claims and Judgment Fund of the United States Treasury to pay any
fees or other expenses under such sections, to any person or party in
an energy related action.
(e) Legal Fees.--In any energy related action in which the
plaintiff does not ultimately prevail, the court shall award to the
defendant (including any intervenor-defendants), other than the United
States, fees and other expenses incurred by that party in connection
with the energy related action, unless the court finds that the
position of the plaintiff was substantially justified or that special
circumstances make an award unjust. Whether or not the position of the
plaintiff was substantially justified shall be determined on the basis
of the administrative record, as a whole, which is made in the energy
related action for which fees and other expenses are sought.
(f) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Agency action.--The term ``agency action'' has the same
meaning given such term in section 551 of title 5, United
States Code.
(2) Indian land.--The term ``Indian Land'' has the same
meaning given such term in section 203(c)(3) of the Energy
Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501),
including lands owned by Native Corporations under the Alaska
Native Claims Settlement Act (Public Law 92-203; 43 U.S.C.
1601).
(3) Energy related action.--The term ``energy related
action'' means a cause of action that--
(A) is filed on or after the effective date of this
Act; and
(B) seeks judicial review of a final agency action
to issue a permit, license, or other form of agency
permission allowing:
(i) any person or entity to conduct
activities on Indian Land, which activities
involve the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity; or
(ii) any Indian Tribe, or any organization
of two or more entities, at least one of which
is an Indian tribe, to conduct activities
involving the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity, regardless of where such
activities are undertaken.
(4) Ultimately prevail.--The phrase ``ultimately prevail''
means, in a final enforceable judgment, the court rules in the
party's favor on at least one cause of action which is an
underlying rationale for the preliminary injunction,
administrative stay, or other relief requested by the party,
and does not include circumstances where the final agency
action is modified or amended by the issuing agency unless such
modification or amendment is required pursuant to a final
enforceable judgment of the court or a court-ordered consent
decree.
SEC. 6. TRIBAL BIOMASS DEMONSTRATION PROJECT.
The Tribal Forest Protection Act of 2004 is amended by inserting
after section 2 (25 U.S.C. 3115a) the following:
``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.
``(a) In General.--For each of fiscal years 2016 through 2020, the
Secretary shall enter into stewardship contracts or other agreements,
other than agreements that are exclusively direct service contracts,
with Indian tribes to carry out demonstration projects to promote
biomass energy production (including biofuel, heat, and electricity
generation) on Indian forest land and in nearby communities by
providing reliable supplies of woody biomass from Federal land.
``(b) Definitions.--The definitions in section 2 shall apply to
this section.
``(c) Demonstration Projects.--In each fiscal year for which
projects are authorized, the Secretary shall enter into contracts or
other agreements described in subsection (a) to carry out at least 4
new demonstration projects that meet the eligibility criteria described
in subsection (d).
``(d) Eligibility Criteria.--To be eligible to enter into a
contract or other agreement under this subsection, an Indian tribe
shall submit to the Secretary an application--
``(1) containing such information as the Secretary may
require; and
``(2) that includes a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; and
``(B) the demonstration project proposed to be
carried out by the Indian tribe.
``(e) Selection.--In evaluating the applications submitted under
subsection (c), the Secretary--
``(1) shall take into consideration the factors set forth
in paragraphs (1) and (2) of section 2(e) of Public Law 108-
278; and whether a proposed demonstration project would--
``(A) increase the availability or reliability of
local or regional energy;
``(B) enhance the economic development of the
Indian tribe;
``(C) improve the connection of electric power
transmission facilities serving the Indian tribe with
other electric transmission facilities;
``(D) improve the forest health or watersheds of
Federal land or Indian forest land or rangeland; or
``(E) otherwise promote the use of woody biomass;
and
``(2) shall exclude from consideration any merchantable
logs that have been identified by the Secretary for commercial
sale.
``(f) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian tribes and appropriate intertribal organizations likely
to be affected in developing the application and otherwise
carrying out this section.
``(g) Report.--Not later than one year subsequent to the date of
enactment of this section, the Secretary shall submit to Congress a
report that describes, with respect to the reporting period--
``(1) each individual tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(h) Incorporation of Management Plans.--In carrying out a
contract or agreement under this section, on receipt of a request from
an Indian tribe, the Secretary shall incorporate into the contract or
agreement, to the extent practicable, management plans (including
forest management and integrated resource management plans) in effect
on the Indian forest land or rangeland of the respective Indian tribe.
``(i) Term.--A stewardship contract or other agreement entered into
under this section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.
``SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
``The Secretary of the Interior and the Secretary of Agriculture
may carry out demonstration projects by which federally recognized
Indian tribes or tribal organizations may contract to perform
administrative, management, and other functions of programs of the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) through
contracts entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).''.
SEC. 7. TRIBAL RESOURCE MANAGEMENT PLANS.
Unless otherwise explicitly exempted by Federal law enacted after
the date of the enactment of this Act, any activity conducted or
resources harvested or produced pursuant to a tribal resource
management plan or an integrated resource management plan approved by
the Secretary of the Interior under the National Indian Forest
Resources Management Act (25 U.S.C. 3101 et seq.) or the American
Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.)
shall be considered a sustainable management practice for purposes of
any Federal standard, benefit, or requirement that requires a
demonstration of such sustainability.
SEC. 8. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.
Subsection (e)(1) of the first section of the Act of August 9, 1955
(25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing
Act''), is amended--
(1) by striking ``, except a lease for'' and inserting ``,
including leases for'';
(2) in subparagraph (A), by striking ``25'' the first place
it appears and all that follows and inserting ``99 years;'';
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of mineral resources, including
geothermal resources, 25 years, except that any such lease may
include an option to renew for one additional term not to
exceed 25 years.''.
SEC. 9. NONAPPLICABILITY OF CERTAIN RULES.
No rule promulgated by the Department of the Interior regarding
hydraulic fracturing used in the development or production of oil or
gas resources shall have any effect on any land held in trust or
restricted status for the benefit of Indians except with the express
consent of the beneficiary on whose behalf such land is held in trust
or restricted status. | Native American Energy Act (Sec. 2) This bill amends the Energy Policy Act of 1992 to allow the Department of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring Interior approval. (Currently, Interior sets appraisal requirements.) Interior must approve or disapprove an appraisal within 60 days or the appraisal is deemed approved. A tribe may waive the requirement for an appraisal if it also waives any claims for damages it might have against the United States as a result of the lack of an appraisal. (Sec. 3) Each agency within Interior involved in the review of oil and gas activities on Indian lands must use a uniform system of reference numbers and tracking systems for oil and gas wells. (Sec. 4) This bill amends the National Environmental Policy Act of 1969 to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected tribe, individuals residing within the affected area, and state and local governments within such area. (Sec. 5) This bill sets forth provisions for the judicial review of a cause of action related to energy development on Indian land. (Sec. 6) This bill amends the Tribal Forest Protection Act of 2004 to direct Interior, for land under Bureau of Land Management jurisdiction, and the Department of Agriculture, for land under Forest Service jurisdiction, to enter into agreements with Indian tribes to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. (Sec. 7) Activity pursuant to a tribal resource management plan or an integrated resource management plan approved by Interior under the National Indian Forest Resources Management Act or the American Indian Agricultural Resource Management Act is considered to be a sustainable management practice. (Sec. 8) This bill amends the Long-Term Leasing Act to allow the Navajo Nation to enter into mineral resource leases on their restricted lands without Interior's approval. The maximum term of a Navajo Nation lease that does not require Interior's approval is extended for commercial and agricultural leases and established for mineral resource leases. (Sec. 9) Interior rules regarding hydraulic fracturing do not apply on land held in trust for Indians or on restricted Indian land, except with the express consent of the Indian beneficiaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation. | {"src": "billsum_train", "title": "Native American Energy Act"} | 3,556 | 596 | 0.649525 | 2.022183 | 0.702023 | 3.151456 | 6.287379 | 0.899029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Demand Letter Transparency Act of
2013''.
SEC. 2. DEMAND LETTER DISCLOSURE REQUIREMENT.
(a) Amendment.--Chapter 26 of title 35, United States Code, is
amended by adding at the end the following new section:
``Sec. 263. Disclosure of Information Related to Patent Ownership
``(a) Demand Letter Disclosure.--Any entity that sends 20 or more
demand letters during any 365-day period shall, not later than the
disclosure deadline, submit to the Patent and Trademark Office with
respect to each patent that was the subject in each such letter the
following:
``(1) Identification of the patent and confirmation that
the entity that sent the letter is the owner of the patent (or
a representative of such person) and is the last recorded
entity in the records of the Patent and Trademark Office for
purposes of assignment, grant, or conveyance under this
chapter.
``(2) Identification of the entity that has the right to
license the patent or, in the case of a patent already
exclusively licensed, the name of the exclusive licensee.
``(3) Identification of each entity asserting a claim with
regard to a patent in such letter in accordance with subsection
(b).
``(4) Identification of each obligation to license the
patent on reasonable and nondiscriminatory terms, including a
copy of each letter of assurance to each standard-setting
organization with respect to such obligation, and the financial
terms, including the rate, at which such patent has been
licensed pursuant to such obligation.
``(5) Identification of the ultimate parent entity of such
entity.
``(6) Identification of the number of entities that
received a demand letter from the entity that sent the letter.
``(7) Identification of any case that has been filed by
such entity relating to each such patent, including the docket
number and the court in which the case was filed.
``(8) Identification of any ex parte review under chapter
30 or inter partes review under chapter 31 of such patent.
``(9) Any required registration fee established with regard
to this section.
``(b) Information Not Readily Accessible.--An entity required to
disclose the information described under subsection (a) shall include
with such disclosure a description of any information described under
subsection (a) that is not disclosed, why such undisclosed information
was not readily accessible, and the efforts made by such entity to
access such undisclosed information.
``(c) Identification.--
``(1) Publicly traded.--For purposes of subsection (a)(3),
if the entity to be identified is owned or controlled by a
corporation traded on a public stock exchange, an
identification of the publicly traded corporation and the
public stock exchange shall be sufficient.
``(2) Not publicly traded.--For purposes of subsection
(a)(3), if the entity to be identified is not owned or
controlled by a publicly traded corporation, the information
shall identify--
``(A) in the case of a partnership, the name and
address of each partner or other entity, holding more
than a 5 percent share of that partnership;
``(B) in the case of a corporation, the location of
incorporation and the name of each officer of the
corporation;
``(C) in the case of an entity that is directly or
indirectly controlled by another entity, the name and
address of the entity and each other entity, and the
name, address, location of incorporation, and each
officer or partner of the entity and each other entity;
and
``(D) for each individual, the name and address of
that individual.
``(3) Number of demand letters.--The requirement under
subsection (a)(6) shall be updated regularly by the Director.
``(d) Failure To Comply.--
``(1) Monetary sanctions.--Any entity that does not meet
the requirements of this section with regard to a patent or the
disclosure requirements with respect to a demand letter under
section 264 may be subject to monetary sanctions by a court in
an action brought by such entity with regard to infringement or
validity of such patent, for an amount to be awarded to the
adverse party that covers any cost incurred by the adverse
party resulting from the failure of such entity to meet the
requirements of this section, including any reasonable cost
incurred by such adverse party to discover the correct and
complete information described under subsection (a) with regard
to such patent, unless such sanctions would be unjust.
``(2) Award of damages or fees.--A court in a case
involving monetary sanctions described in paragraph (1)--
``(A) may not award treble damages under the second
undesignated paragraph of section 284 or attorney's
fees under section 285 to the entity described in
paragraph (1), unless the denial of such damages or
fees would be manifestly unjust; and
``(B) shall consider good faith mistakes in a
relevant demand letter when calculating attorneys fees
under section 285 and damages under section 284.
``(e) Ongoing Duty To Correct or Supplement.--An entity described
in subsection (a) shall update any filing made pursuant to such
subsection with correct information not later than 20 days after any
change in the information described under subsection (a).
``(f) Exemption.--This section shall not apply to any of the
following:
``(1) The original inventor or joint inventor.
``(2) An institution of higher education (as that term is
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)).
``(3) A technology transfer organization whose primary
purpose is to facilitate the commercialization of technology
developed by one or more institutions of higher education.
``(g) Definitions.--In this section:
``(1) Demand letter.--The term `demand letter' means any
written communication directed to an unaffiliated third party
stating or indicating, directly or indirectly, that the
intended recipient or anyone affiliated with that recipient is
or may be infringing a patent, or may bear liability or owe
compensation to another because of such patent.
``(2) Disclosure deadline.--The term `disclosure deadline'
means the lesser of 30 days after the 20th demand letter is
sent or 15 days before the earliest date of compliance
described in the 20th demand letter.
``(3) Ultimate parent entity.--
``(A) In general.--Except as provided in
subparagraph (B), the term `ultimate parent entity' has
the meaning given such term in section 801.1(a)(3) of
title 16, Code of Federal Regulations, or any successor
regulation.
``(B) Modification of definition.--The Director may
modify the definition of `ultimate parent entity' by
regulation.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 26 of title 35, United States Code, is amended by adding at the
end the following new item:
``263. Disclosure of Information Related to Patent Ownership.''.
(c) Regulations.--The Director may promulgate such regulations as
are necessary to establish a registration fee in an amount sufficient
to recover the estimated costs of administering section 263 of title
35, United States Code, as added by subsection (a), to facilitate the
collection and maintenance of the information required by such section,
and to ensure the timely disclosure of such information to the public.
(d) Demand Letter Database.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Director, in consultation
with the Attorney General and the Federal Trade Commission,
shall establish a publicly accessible and searchable database
of the information obtained pursuant to section 263 of title
35, United States Code, as added by subsection (a), to be
maintained at and updated by the Office.
(2) Protection of information.--The Director shall allow
recipients of a demand letter (as such term is defined under
section 263(g), as added by subsection (a)) to request the
redaction of the company name, company-specific information, or
any other company information from the database described in
paragraph (1).
SEC. 3. DEMAND LETTER REQUIREMENT.
(a) Amendment.--Chapter 26 of title 35, United States Code, as
amended by section 2(a), is amended by adding at the end the following
new section:
``Sec. 264. Requirements for patent infringement demand letters
``(a) In General.--Any entity sending a demand letter shall include
in any demand letter sent to another entity the following:
``(1) An identification of each patent that is or may be
allegedly infringing.
``(2) An identification of each claim of each patent
identified under paragraph (1) that is allegedly infringed.
``(3) For each claim identified under paragraph (2), an
identification of each accused apparatus, product, feature,
device, method, system, process, function, act, service, or
other instrumentality (referred to in this section as an
`accused instrumentality') alleged to infringe the claim.
``(4) For each accused instrumentality identified under
paragraph (3), an identification with particularity, if known,
of--
``(A) the name or model number of each accused
instrumentality; and
``(B) the name of each accused method, system,
process, function, act, or service, or the name or
model number of each apparatus, product, feature, or
device that, when used, allegedly results in the
practice of the claimed invention.
``(5) For each accused instrumentality identified under
paragraph (3), an explanation of--
``(A) where each element of each asserted claim
identified under paragraph (2) is found within the
accused instrumentality;
``(B) whether each such element is infringed
literally or under the doctrine of equivalents; and
``(C) with detailed specificity, how the terms in
each asserted claim identified under paragraph (2)
correspond to the functionality of the accused
instrumentality.
``(6) For each claim that is alleged to have been infringed
indirectly, a description of--
``(A) the direct infringement;
``(B) any person alleged to be a direct infringer
known to the party alleging infringement; and
``(C) the acts of the alleged indirect infringer
that contribute to or are inducing the direct
infringement.
``(7) A description of the right of the party alleging
infringement to assert each--
``(A) patent identified under paragraph (1); and
``(B) patent claim identified in paragraph (2).
``(8) A description of the principal business of the party
alleging infringement.
``(9) A list of each complaint filed, of which the party
alleging infringement has knowledge, that asserts or asserted
any of the patents identified under paragraph (1).
``(10) Identification of any case that has been filed by
such entity relating to each patent identified under paragraph
(1), including the docket number and the court in which the
case was filed.
``(11) Identification of any ex parte review under chapter
30 or any inter partes review under chapter 31 for each patent
identified under paragraph (1).
``(12) For each patent identified under paragraph (1),
whether such patent is subject to any licensing term or pricing
commitments through any agency, organization, standard-setting
body, or other entity or community.
``(13) The identity of any person other than the party
alleging infringement, known to the party alleging
infringement, who--
``(A) owns or co-owns a patent identified under
paragraph (1);
``(B) is the assignee of a patent identified under
paragraph (1); or
``(C) is an exclusive licensee to a patent
identified under paragraph (1).
``(14) The identity of any person other than the party
alleging infringement, known to the party alleging
infringement, who has a legal right to enforce a patent
identified under paragraph (1) through a civil action under any
Act of Congress relating to patents or is licensed under such
patent.
``(15) The identity of any person with a direct financial
interest in the outcome of the action, including a right to
receive proceeds, or any fixed or variable portion thereof.
``(16) A description of any agreement or other legal basis
for a financial interest described in paragraph (13).
``(17) A description of how the recipient of the demand
letter can access the demand letter database of the Patent and
Trademark Office.
``(18) At the bottom of such letter, a clear statement of
the following: `You are not required to respond to this letter
by law.'.
``(b) Information Not Readily Accessible.--An entity required to
disclose the information described under subsection (a) shall include
with such disclosure a description of any information described under
subsection (a) that is not disclosed, why such undisclosed information
was not readily accessible, and the efforts made by such entity to
access such undisclosed information.
``(c) Demand Letter Defined.--In this section, the term `demand
letter' shall have the meaning given that term under section 263(g).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 26 of title 35, United States Code, as amended by section 2(b),
is amended by adding at the end the following new item:
``264. Requirements for patent infringement demand letters.''.
SEC. 4. PENALTIES.
(a) Amendment.--Chapter 26 of title 35, United States Code, as
amended by sections 2(a) and 3(a), is amended by adding at the end the
following new section:
``Sec. 265. Penalties
``(a) Disclosure of Information to the Patent and Trademark Office
Violation.--Any entity that receives a demand letter and that believes
the requirements under section 263 have not been met with respect to
such patent may submit to the Office in writing a petition--
``(1) describing the requirements that have not been met
under section 263; and
``(2) anything else the Director determines to be
necessary.
``(b) Demand Letter Requirement Violation.--Any entity that
receives a demand letter that does not meet the requirements described
under section 264 may submit to the Office in writing a petition--
``(1) describing the requirements that have not been
included in such letter; and
``(2) anything else the Director determines to be
necessary.
``(c) Notice of Intent To Abandon.--If the Office determines that
the requirements of section 263 or 264 have not been met with respect
to a patent, the Office shall notify the patent owner that the patent
will be voided unless a fee is paid not later than 3 months after the
date on which the notification is sent. The Director may accept the
payment of any fee required by this subsection if the delay is shown to
the satisfaction of the Director to have been unintentional or
unavoidable. The Director shall consider good faith mistakes in the
determination of whether to void a patent under this section.
``(d) Demand Letter Defined.--In this section, the term `demand
letter' shall have the meaning given that term under section 263(g).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 26 of title 35, United States Code, as amended by sections 2(b)
and 3(b), is amended by adding at the end the following new item:
``265. Penalties.''.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Director shall establish, by regulation, a
fee for filing a petition under section 265 in such amounts as the
Director determines to be reasonable.
SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT.
(a) Enforcement.--A violation of section 263 or 264 of title 35,
United States Code, as added by sections 2 and 3, respectively, shall
be treated as a violation of a rule defining an unfair or deceptive act
or practice under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall enforce such rules
in the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the
Federal Trade Commission Act were incorporated into and made a part of
this section. Any entity who violates this section shall be subject to
the penalties and entitled to the privileges and immunities provided in
the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(b) Rule of Construction.--Nothing in this section shall be
construed--
(1) to limit the authority of the Federal Trade Commission
under any other provision of law; or
(2) except as specifically provided in this section to
provide the Federal Trade Commission with any additional
authority.
SEC. 6. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
(2) Office.--The term ``Office'' means the United States
Patent and Trademark Office.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon the
expiration of the 6-month period beginning on the date of the enactment
of this Act and shall apply to an entity that sends a demand letter (as
such term is defined under section 263(g) of title 35, United States
Code, as added by section 2(a)) on or after that date. | Demand Letter Transparency Act of 2013 - Requires any entity that sends a specified number of demand letters during any 365-day period to submit to the U.S. Patent and Trademark Office (USPTO), with respect to each patent that was the subject in each letter, a disclosure identifying: the patent, including a confirmation that the entity that sent the letter is the owner of the patent and is the last recorded entity in USPTO records for purposes of assignment, grant, or conveyance; the entity that has the right to license the patent or the name of the exclusive licensee; each entity asserting a claim with regard to the patent; each obligation to license the patent and the financial terms at which such patent has been licensed; the ultimate parent entity of such entity; the number of recipients of the letter; any case that has been filed by such entity relating to such patent; and any ex parte review or inter partes review of such patent. Defines "demand letter" as any written communication directed to an unaffiliated third party stating or indicating that the intended recipient, or anyone affiliated with that recipient, is or may be infringing a patent, or may bear liability or owe compensation to another because of such patent. Authorizes a court, in a patent infringement or validity action brought by an entity that does not meet such USPTO disclosure requirements, to sanction such entity for an amount to be awarded to the adverse party to cover any costs incurred as a result of such violation. Exempts from such disclosure requirements: (1) original or joint inventors, (2) institutions of higher education, and (3) technology transfer organizations facilitating the commercialization of technology developed by institutions of higher education. Directs the USPTO to establish a publicly accessible and searchable database of the information obtained pursuant to such disclosures. Requires any demand letter sent to another entity to include specified information concerning: each claim of each patent allegedly infringed, including each accused instrumentality; each party alleging infringement; the direct infringement for each claim alleged to have been infringed indirectly; the principal business of the party alleging infringement; each complaint filed that asserts or asserted any of the same patents, each case filed by such entity, and any ex parte or inter partes review for each patent; whether the patent is subject to any licensing term or pricing commitments; owners, co-owners, assignees, or exclusive licensees of the patent; any person who has a legal right to enforce the patent; any person with a direct financial interest in the outcome of the action; and how the recipient can access the USPTO demand letter database. Permits a recipient of a demand letter to file a petition with the USPTO if it believes that disclosure or patent letter information requirements have not been met. Directs the USPTO, if it determines that a requirement has not been met, to notify the patent owner that the patent will be voided unless a fee is paid. Requires the USPTO to consider good faith mistakes in the determination of whether to void a patent. Directs the Federal Trade Commission (FTC) to enforce a violation of this Act as an unfair or deceptive act or practice. | {"src": "billsum_train", "title": "Demand Letter Transparency Act of 2013"} | 3,927 | 724 | 0.700959 | 2.335929 | 0.771273 | 3.995074 | 6.139573 | 0.917898 |
SECTION 1. INCLUSION OF CERTAIN COVERED BENEFICIARIES IN FEDERAL
EMPLOYEES HEALTH BENEFITS PROGRAM.
(a) FEHBP Option.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1079a the following new section:
``Sec. 1079b. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--(1) Covered beneficiaries described in
subsection (b) shall be afforded an opportunity to enroll in any health
benefits plan under the Federal Employee Health Benefits program
offering medical and dental care that is comparable to the care
authorized by section 1077 of this title to be provided under section
1076 of this title.
``(2) The Secretary of Defense and the other administering
Secretaries shall jointly enter into an agreement with the Director of
the Office of Personnel Management to carry out paragraph (1).
``(b) Eligible Covered Beneficiaries.--(1) A covered beneficiary
referred to in subsection (a) is a member or former member of the
uniformed services described in section 1074(b) of this title, and any
dependent of the member described in section 1076(b) of this title,
who, as determined pursuant to standards and procedures provided in the
agreement entered into pursuant to subsection (a)(2)--
``(A) is not guaranteed access under CHAMPUS or TRICARE
Standard to health and dental care that is comparable to the
highest level of health and dental care benefits provided under
the service benefit plan offered under the Federal Employee
Health Benefits program;
``(B) is eligible to enroll in the TRICARE program but is
not enrolled because of the location of the beneficiary, a
limitation on the total enrollment, or any other reason; or
``(C) is entitled to hospital insurance benefits under part
A of title XVIII of the Social Security Act (42 U.S.C. 1395c et
seq.).
``(2) A covered beneficiary shall not be required to satisfy any
eligibility criteria specified in chapter 89 of title 5 as a condition
for enrollment in a health benefits plan of the Federal Employee Health
Benefits program under this section.
``(c) Contributions.--(1) Contributions shall be made for an
enrollment of a covered beneficiary in a plan of the Federal Employee
Health Benefits program under this section as if the beneficiary were
an employee of the Federal Government.
``(2) The administering Secretary concerned shall be responsible
for the Government contributions that the Director of the Office of
Personnel Management determines would be payable by the Secretary under
section 8906 of title 5 for an enrolled covered beneficiary if the
beneficiary were an employee of the Secretary.
``(3) Each covered beneficiary enrolled in a health benefits plan
under this section shall be required to contribute the amount that
would be withheld from the pay of a similarly situated Federal employee
who is enrolled in the same health benefits plan under chapter 89 of
title 5.
``(d) Management of Participation.--The Director of the Office of
Personnel Management shall manage the participation of a covered
beneficiary in a health benefits plan of the Federal Employee Health
Benefits program pursuant to an enrollment under this section. The
Director shall maintain separate risk pools for participating covered
beneficiaries until such time as the Director determines that a
complete inclusion of participating covered beneficiaries under chapter
89 of title 5 will not adversely affect Federal employees and
annuitants enrolled in health benefits plans under such chapter.
``(e) Reporting Requirements.--Not later than November 1 of each
year, the Secretary of Defense and the Director of the Office of
Personnel Management shall jointly submit to Congress a report
describing the provision of health and dental care services to covered
beneficiaries under this section during the preceding fiscal year. The
report shall address or contain the following:
``(1) The number of covered beneficiaries who are
participating in health benefits plans of the Federal Employee
Health Benefits program pursuant to an enrollment under this
section, both in terms of total number and as a percentage of
all covered beneficiaries who are receiving health care through
the health care system of the uniformed services.
``(2) The extent to which covered beneficiaries use the
health and dental care services available to the beneficiaries
under health benefits plans pursuant to enrollments under this
section.
``(3) The cost to covered beneficiaries for health and
dental care under such health benefits plans.
``(4) The cost to the Department of Defense, the Department
of Transportation, the Department of Health and Human Services,
and any other departments and agencies of the Federal
Government of providing care to covered beneficiaries pursuant
to enrollments in such health benefits plans under this
section.
``(5) A comparison of the costs determined under paragraphs
(3) and (4) and the costs that would otherwise have been
incurred by the United States and enrollees under alternative
health care options available to the administering Secretaries.
``(6) The effects of the exercise of authority under this
section on the cost, access, and utilization rates of other
health care options under the health care system of the
uniformed services.''.
(b) Conforming Amendments.--(1) Section 8905 of title 5, United
States Code, is amended--
(A) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) An individual whom the Secretary of Defense determines is an
eligible covered beneficiary under subsection (b) of section 1079b of
title 10 may enroll in a health benefits plan under this chapter in
accordance with the agreement entered into under subsection (a) of such
section between the Secretary and the Office and with applicable
regulations under this chapter.''.
(2) Section 8906 of title 5, United States Code, is amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting in lieu thereof ``paragraphs
(2), (3), and (4)''; and
(ii) by adding at the end the following new
paragraph:
``(4) In the case of individuals who enroll in a health plan under
section 8905(d) of this title, the Government contribution shall be
determined under section 1079b(c) of title 10.''; and
(B) in subsection (g)--
(i) in paragraph (1), by striking ``paragraph (2)''
and inserting in lieu thereof ``paragraphs (2) and
(3)''; and
(ii) by adding at the end the following new
paragraph:
``(3) The Government contribution described in subsection (b)(4)
for beneficiaries who enroll under section 8905(d) of this title shall
be paid as provided in section 1079b(c) of title 10.''.
SEC. 2. IMPROVED BENEFITS UNDER CHAMPUS AND TRICARE STANDARD.
Chapter 55 of title 10, United States Code, as amended by section
1(a), is further amended by inserting after section 1079b the following
new section:
``Sec. 1079c. CHAMPUS and TRICARE Standard benefits: comparability with
service benefit plan of the Federal Employees Health
Benefits program
``(a) Benefits.--The health and dental care benefits provided under
CHAMPUS and TRICARE Standard shall be comparable to the highest level
of benefits provided under the service benefit plan of the Federal
Employees Health Benefits program.
``(b) Provider Reimbursement Rates.--The rates prescribed for the
reimbursement of health and dental care providers under CHAMPUS and
TRICARE Standard shall be the same as those provided for the highest
level of benefits under the service benefit plan of the Federal
Employees Health Benefits program.''.
SEC. 3. DEFINITIONS.
Section 1072 of title 10, United States Code, is amended--
(1) in paragraph (4), by striking out ``The term `Civilian
Health and Medical Program of the Uniformed Services' means''
and inserting in lieu thereof ``The terms `Civilian Health and
Medical Program of the Uniformed Services' and `CHAMPUS'
mean''; and
(2) by adding at the end the following:
``(7) The term `TRICARE program' means the managed health
care program that is established by the Secretary of Defense
under the authority of this chapter, principally section 1097
of this title, and includes the competitive selection of
contractors to financially underwrite the delivery of health
care services under CHAMPUS.
``(8) The term `TRICARE Standard' means a CHAMPUS health
care benefits option that, subject to the deductibles and cost-
sharing requirements under CHAMPUS, pays a share of the cost of
covered health care services that are provided by health care
providers outside the Federal Government who are not part of
the CHAMPUS network of health care providers.
``(9) The term `Federal Employee Health Benefits program'
means the Federal Employee Health Benefits program under
chapter 89 of title 5.''.
SEC. 4. IMPLEMENTATION.
The Secretary of Defense shall begin to offer the health benefits
option under section 1079b(a) of title 10, United States Code (as added
by section 1(a)), and the improved benefits under section 1079c of such
title (as added by section 3) not later than November 1, 1997.
SEC. 5. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 55 of title 10,
United States Code, is amended by inserting after the item relating to
section 1079a the following:
``1079b. Health care coverage through Federal Employees Health Benefits
program.
``1079c. CHAMPUS and TRICARE Standard benefits: comparability with
service benefit plan of the Federal
Employees Health Benefits program.''. | Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical and dental care comparable to that offered under CHAMPUS. Includes as an eligible covered beneficiary any member or former member of the armed forces, and any dependent of such member, who: (1) is not guaranteed access under CHAMPUS or TRICARE Standard (a Department of Defense managed care program) to health and dental care comparable to the highest level provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of geographical inaccessibility, enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act. States that any such beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) enrollment contributions; (2) participation management by the Director of the Office of Personnel Management (OPM); and (3) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care.
Requires the health and dental care benefits provided under CHAMPUS and TRICARE Standard, as well as the rates prescribed for the reimbursement of providers under such programs, to be comparable to the highest level of benefits provided under the FEHB.
Requires the Secretary to begin offering the health benefits option of this Act no later than November 1, 1997. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to permit beneficiaries of the military health care system to enroll in Federal employees health benefits plans; to improve health care benefits under the CHAMPUS and TRICARE Standard, and for other purposes."} | 2,160 | 331 | 0.709824 | 2.092913 | 0.789404 | 3.691803 | 6.629508 | 0.904918 |
57 as a rare
and valuable national treasure of international importance.
(2) The city of New Orleans is widely recognized as the
birthplace of jazz. In and around this city, cultural and
musical elements blended to form the unique American music that
is known as New Orleans jazz, which is an expression of the
cultural diversity of the lower Mississippi Delta Region.
(3) Jean Lafitte National Historical Park and Preserve was
established to commemorate the cultural diversity of the lower
Mississippi Delta Region including a range of cultural
expressions like jazz.
(b) Purpose.--In furtherance of the need to recognize the value and
importance of jazz, it is the purpose of this Act to establish a New
Orleans Jazz National Historical Park to preserve the origins, early
history, development and progression of jazz; provide visitors with
opportunities to experience the sights, sounds, and places where jazz
evolved; and implement innovative ways of establishing jazz educational
partnerships that will help to ensure that jazz continues as a vital
element of the culture of New Orleans and our Nation.
SEC. 3. ESTABLISHMENT.
(a) In General.--In order to assist in the preservation, education,
and interpretation of jazz as it has evolved in New Orleans, and to
provide technical assistance to a broad range of organizations involved
with jazz music and its history, there is hereby established the New
Orleans Jazz National Historical Park (hereinafter referred to as the
``historical park''). The historical park shall be administered in
conjunction with the Jean Lafitte National Historical Park and
Preserve, which was established to preserve and interpret the cultural
and natural resources of the lower Mississippi Delta Region.
(b) Area Included.--The historical park shall consist of lands and
interests therein as follows:
(1) Lands which the Secretary of the Interior (hereinafter
referred to as ``the Secretary'') may designate for an
interpretive visitor center complex.
(2) Sites that are the subject of cooperative agreements
with the National Park Service for the purposes of interpretive
demonstrations and programs associated with the purposes of
this Act.
(3)(A) Sites designated by the Secretary as provided in
subparagraph (B).
(B)(i) No later than 18 months after the date of enactment
of this Act, the Secretary is directed to complete a national
historic landmark evaluation of sites associated with jazz in
and around New Orleans as identified in the document entitled
``New Orleans Jazz Special Resource Study'', prepared by the
National Park Service pursuant to Public Law 101-499. In
undertaking the evaluation, the Secretary shall, to the extent
practicable, utilize existing information relating to such
sites.
(ii) If any of the sites evaluated are found to meet the
standards of the National Historic Landmark program and
National Park Service tests of suitability and feasibility, and
offer outstanding opportunities to further the purposes of this
Act, the Secretary may designate such sites as part of the
historical park, following consultation with the owners of such
sites, the city of New Orleans, the Smithsonian Institution,
and the New Orleans Jazz Commission, and notification to the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on Natural Resources of the United
States House of Representatives.
SEC. 4. ADMINISTRATION.
(a)(1) In General.--The Secretary shall administer the historical
park in accordance with this Act and with provisions of law generally
applicable to units of the National Park System, including the Act
entitled ``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4);
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). The
Secretary shall manage the historical park in such a manner as will
preserve and perpetuate knowledge and understanding of the history of
jazz and its continued evolution as a true American art form.
(2) To minimize operational costs associated with the management
and administration of the historical park and to avoid duplication of
effort, the Secretary shall, to the maximum extent practicable, utilize
the facilities, administrative staff and other services of the Jean
Lafitte National Historical Park and Preserve.
(b) Donations.--The Secretary may accept and retain donations of
funds, property, or services from individuals, foundations,
corporations, or other public entities for the purposes of providing
services, programs, and facilities that further the purposes of this
Act.
(c) Interpretive Center.--The Secretary is authorized to construct,
operate, and maintain an interpretive center in the historical park on
lands identified by the Secretary pursuant to section 3(b)(1). Programs
at the center shall include, but need not be limited to, live jazz
interpretive and educational programs, and shall provide visitors with
information about jazz-related programs, performances, and
opportunities.
(d) Jazz Heritage Districts.--The Secretary may provide technical
assistance to the city of New Orleans and other appropriate entities
for the designation of certain areas in and around New Orleans as jazz
heritage districts. Such districts shall include those areas with an
exceptional concentration of jazz historical sites and established
community traditions of jazz street parades.
(e) Cooperative Agreements, Grants and Technical Assistance.--In
furtherance of the purposes of this Act--
(1) the Secretary, after consultation with the New Orleans
Jazz Commission established pursuant to section 7, is
authorized to enter into cooperative agreements with owners of
properties that are designated pursuant to section 3(b)(3)
which provide outstanding educational and interpretive
opportunities relating to the evolution of jazz in New Orleans.
The Secretary may assist in rehabilitating, restoring, marking,
and interpreting and may provide technical assistance for the
preservation and interpretation of such properties. Such
agreements shall contain, but need not be limited to,
provisions that the National Park Service will have reasonable
rights of access for operational and visitor use needs, that
rehabilitation and restoration will meet the Secretary's
standards for rehabilitation of historic buildings, and that
specify the roles and responsibilities of the Secretary for
each site or structure;
(2) the Secretary is authorized to enter into cooperative
agreements with the city of New Orleans, the State of
Louisiana, and other appropriate public and private
organizations under which the other parties to the agreement
may contribute to the acquisition, construction, operation, and
maintenance of the interpretive center and to the operation of
educational and interpretive programs to further the purposes
of this Act; and
(3) the Secretary, in consultation with the New Orleans
Jazz Commission, is authorized to provide grants or technical
assistance to public and private organizations.
(f) Jazz Educational Programs.--The Secretary shall, in the
administration of the historical park, promote a broad range of
educational activities relating to jazz and its history. The Secretary
shall cooperate with schools, universities, and organizations
supporting jazz education to develop educational programs that provide
expanded public understanding of jazz and enhanced opportunities for
public appreciation. The Secretary may assist appropriate entities in
the development of an information base including archival material,
audiovisual records, and objects that relate to the history of jazz.
SEC. 5. ACQUISITION OF PROPERTY.
(a) General Authority.--The Secretary may acquire lands and
interests therein within the sites designated pursuant to section
3(b)(1) and (3) by donation or purchase with donated or appropriated
funds or long term lease: Provided, That sites designated pursuant to
section 3(b)(3) shall only be acquired with the consent of the owner
thereof.
(b) State and Local Properties.--Lands and interests in lands which
are owned by the State of Louisiana, or any political subdivision
thereof, may be acquired only by donation.
SEC. 6. GENERAL MANAGEMENT PLAN.
Within 3 years after the date funds are made available therefor and
concurrent with the national landmark study referenced in section
3(b)(3), the Secretary, in consultation with the New Orleans Jazz
Commission, shall prepare a general management plan for the historical
park. The plan shall include, but need not be limited to--
(1) a visitor use plan indicating programs and facilities
associated with park programs that will be made available to
the public;
(2) preservation and use plans for any structures and sites
that are identified through the historic landmark study for
inclusion within the historical park;
(3) the location and associated cost of public facilities
that are proposed for inclusion within the historical park,
including a visitor center;
(4) identification of programs that the Secretary will
implement or be associated with through cooperative agreements
with other groups and organizations;
(5) a transportation plan that addresses visitor use access
needs to sites, facilities, and programs central to the purpose
of the historical park;
(6) plans for the implementation of an archival system for
materials, objects, and items of importance relating to the
history of jazz; and
(7) guidelines for the application of cooperative
agreements that will be used to assist in the management of
historical park facilities and programs.
SEC. 7. ESTABLISHMENT OF THE NEW ORLEANS JAZZ COMMISSION.
(a) Establishment.--To assist in implementing the purposes of this
Act and the document entitled ``New Orleans Jazz Special Resource
Study'', there is established the New Orleans Jazz Commission
(hereinafter referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of 17 members to be
appointed no later than 6 months after the date of enactment of this
Act. The Commission shall be appointed by the Secretary as follows:
(1) One member from recommendations submitted by the Mayor
of New Orleans.
(2) Two members who have recognized expertise in music
education programs that emphasize jazz.
(3) One member, with experience in and knowledge of tourism
in the greater New Orleans area, from recommendations submitted
by local businesses.
(4) One member from recommendations submitted by the Board
of the New Orleans Jazz and Heritage Foundation.
(5) One member, with experience in and knowledge of
historic preservation within the New Orleans area.
(6) Two members, one from recommendations submitted by the
Secretary of the Smithsonian Institution and one member from
recommendations submitted by the Chairman of the National
Endowment of the Arts, who are recognized musicians with
knowledge and experience in the development of jazz in New
Orleans.
(7) Two members, one from recommendations submitted by the
Secretary of the Smithsonian Institution and one member from
recommendations submitted by the Director of the Louisiana
State Museum with recognized expertise in the interpretation of
jazz history or traditions related to jazz in New Orleans.
(8) Two members who represent local neighborhood groups or
other local associations; from recommendations submitted by the
Mayor of New Orleans.
(9) One member representing local mutual aid and benevolent
societies as well as local social and pleasure clubs, from
recommendations submitted by the Board of the New Orleans Jazz
and Heritage Foundation.
(10) One member from recommendations submitted by the
Governor of the State of Louisiana, who shall be a member of
the Louisiana State Music Commission.
(11) One member representing the New Orleans Jazz Club from
recommendations submitted by the club.
(12) One member who is a recognized local expert on the
history, development and progression of jazz in New Orleans and
is familiar with existing archival materials from
recommendations submitted by the Librarian of Congress.
(13) The Director of the National Park Service, or the
Director's designee, ex officio.
(c) Duties of the Commission.--The Commission shall--
(1) advise the Secretary in the preparation of the general
management plan for the historical park; assist in public
discussions of planning proposals; and assist the National Park
Service in working with individuals, groups, and organizations
including economic and business interests in determining
programs in which the Secretary should participate through
cooperative agreement;
(2) in consultation and cooperation with the Secretary,
develop partnerships with educational groups, schools,
universities, and other groups to furtherance of the purposes
of this Act;
(3) in consultation and cooperation with the Secretary,
develop partnerships with city-wide organizations, and raise
and disperse funds for programs that assist mutual aid and
benevolent societies, social and pleasure clubs and other
traditional groups in encouraging the continuation of and
enhancement of jazz cultural traditions;
(4) acquire or lease property for jazz education, and
advise on hiring brass bands and musical groups to participate
in education programs and help train young musicians;
(5) in consultation and cooperation with the Secretary,
provide recommendations for the location of the visitor center
and other interpretive sites;
(6) assist the Secretary in providing funds to support
research on the origins and early history of jazz in New
Orleans; and
(7) notwithstanding any other provision of law, seek and
accept donations of funds, property, or services from
individuals, foundations, corporations, or other public or
private entities and expend and use the same for the purposes
of providing services, programs, and facilities for jazz
education, or assisting in the rehabilitation and restoration
of structures identified in the national historic landmark
study referenced in section 3(b)(3) as having outstanding
significance to the history of jazz in New Orleans.
(d) Appointment.--Members of the Commission shall be appointed for
staggered terms of 3 years, as designated by the Secretary at the time
of the initial appointment.
(e) Chairman.--The Commission shall elect a chairman from among its
members. The term of the chairman shall be for 3 years.
(f) Terms.--Any member of the Commission appointed by the Secretary
for a 3-year term may serve after the expiration of his or her term
until a successor is appointed. Any vacancy shall be filled in the same
manner in which the original appointment was made. Any member appointed
to fill a vacancy shall serve for the remainder of the term for which
the predecessor was appointed.
(g) Per Diem Expenses.--Members of the Commission shall serve
without compensation. Members shall be entitled to travel expenses
under section 5703, title 5, United States Code, when engaged in
Commission business, including per diem in lieu of subsistence in the
same manner as persons employed intermittently.
(h) Administrative Support.--The Secretary shall provide the
Commission with assistance in obtaining such personnel, equipment, and
facilities as may be needed by the Commission to carry out its duties.
(i) Annual Report.--The Commission shall submit an annual report to
the Secretary identifying its expenses and income and the entities to
which any grants or technical assistance were made during the year for
which the report is made.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act.
Passed the Senate April 12 (legislative day, April 11),
1994.
Attest:
WALTER J. STEWART,
Secretary. | New Orleans Jazz National Historical Park Act of 1994 - Establishes the New Orleans Jazz National Historical Park, Louisiana, to be administered in conjunction with the Jean Lafitte National Historical Park and Preserve.
Directs the Secretary of the Interior to complete a national historic landmark evaluation of sites associated with jazz in and around New Orleans. Authorizes the Secretary to: (1) designate and acquire appropriate sites as part of the Park; (2) enter into cooperative agreements with property owners for the preservation and interpretation of such property; (3) construct and operate an interpretive center in the Park; (4) provide technical assistance to the city of New Orleans for the designation of certain areas as jazz heritage districts; and (5) provide, in consultation with the New Orleans Jazz Commission, grants or technical assistance to public and private organizations.
Directs the Secretary: (1) in administering the Park, to promote a broad range of educational activities relating to jazz and its history; and (2) to prepare a general management plan, meeting specified criteria, for the Park.
Establishes the New Orleans Jazz Commission to: (1) advise the Secretary in the preparation of the general management plan, assist in public discussions of planning proposals, and assist the National Park Service in working with individuals, groups, and organizations in determining programs in which the Secretary should participate through cooperative agreements; (2) develop partnerships with educational groups, schools, universities, and other groups, including city-wide organizations, in furtherance of this Act; (3) raise and disperse funds for programs that assist mutual aid and benevolent societies, social and pleasure clubs, and other traditional groups in encouraging the continuation of and enhancement of jazz cultural traditions; (4) acquire or lease property for jazz education, advise on hiring brass bands and musical groups to participate in education programs, and help train young musicians; (5) assist in providing recommendations for the location of the Park's visitor center and other interpretive sites and funds to support research on the origins and early history of jazz in New Orleans; and (6) seek and accept donations to use for providing services, programs, and facilities for jazz education or assisting in the rehabilitation and restoration of structures identified in the national historic landmark study as having outstanding significance to the history of jazz in New Orleans.
Authorizes appropriations. | {"src": "billsum_train", "title": "New Orleans Jazz National Historical Park Act of 1994"} | 3,087 | 468 | 0.725187 | 2.663795 | 0.855906 | 5.308696 | 6.63913 | 0.969565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Fuel Vehicle Development
Act''.
SEC. 2. ALTERNATIVE FUEL VEHICLES.
(a) Maximum Fuel Economy Increase for Alternative Fuel
Automobiles.--Section 32906(a) of title 49, United States Code, is
amended by striking ``(except an electric automobile)'' and inserting
``(except an electric automobile or, beginning with model year 2016, an
alternative fueled automobile that does not use a fuel described in
subparagraph (A), (B), (C), or (D) of section 32901(a)(1))''.
(b) Minimum Driving Ranges for Dual Fueled Passenger Automobiles.--
Section 32901(c)(2) of title 49, United States Code, is amended--
(1) in subparagraph (B), by inserting ``, except that
beginning with model year 2016, alternative fueled automobiles
that do not use a fuel described in subparagraph (A), (B), (C),
or (D) of subsection (a)(1) shall have a minimum driving range
of 150 miles'' after ``at least 200 miles''; and
(2) in subparagraph (C), by adding at the end the
following: ``Beginning with model year 2016, if the Secretary
prescribes a minimum driving range of 150 miles for alternative
fueled automobiles that do not use a fuel described in
subparagraph (A), (B), (C), or (D) of subsection (a)(1),
subparagraph (A) shall not apply to dual fueled automobiles
(except electric automobiles).''.
(c) Manufacturing Provision for Alternative Fuel Automobiles.--
Section 32905(d) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``For any model'' and inserting the
following:
``(1) Model years 1993 through 2015.--For any model'';
(3) in paragraph (1), as redesignated, by striking ``2019''
and inserting ``2015''; and
(4) by adding at the end the following:
``(2) Model years after 2015.--For any model of gaseous
fuel dual fueled automobile manufactured by a manufacturer
after model year 2015, the Administrator shall calculate fuel
economy as a weighted harmonic average of the fuel economy on
gaseous fuel as measured under subsection (c) and the fuel
economy on gasoline or diesel fuel as measured under section
32904(c). The Administrator shall apply the utility factors set
forth in the table under section 600.510-12(c)(2)(vii)(A) of
title 40, Code of Federal Regulations.
``(3) Model years after 2016.--Beginning with model year
2017, the manufacturer may elect to utilize the utility factors
set forth under subsection (e)(1) for the purposes of
calculating fuel economy under paragraph (2).''.
(d) Electric Dual Fueled Automobiles.--Section 32905 of title 49,
United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Electric Dual Fueled Automobiles.--
``(1) In general.--At the request of the manufacturer, the
Administrator may measure the fuel economy for any model of
dual fueled automobile manufactured after model year 2015 that
is capable of operating on electricity in addition to gasoline
or diesel fuel, obtains its electricity from a source external
to the vehicle, and meets the minimum driving range
requirements established by the Secretary for dual fueled
electric automobiles, by dividing 1.0 by the sum of--
``(A) the percentage utilization of the model on
gasoline or diesel fuel, as determined by a formula
based on the model's alternative fuel range, divided by
the fuel economy measured under section 32904(c); and
``(B) the percentage utilization of the model on
electricity, as determined by a formula based on the
model's alternative fuel range, divided by the fuel
economy measured under section 32904(a)(2).
``(2) Alternative utilization.--The Administrator may adapt
the utility factor established under paragraph (1) for
alternative fueled automobiles that do not use a fuel described
in subparagraph (A), (B), (C), or (D) of section 32901(a)(1).
``(3) Alternative calculation.--If the manufacturer does
not request that the Administrator calculate the manufacturing
incentive for its electric dual fueled automobiles in
accordance with paragraph (1), the Administrator shall
calculate such incentive for such automobiles manufactured by
such manufacturer after model year 2015 in accordance with
subsection (b).''.
(e) Conforming Amendment.--Section 32906(b) of title 49, United
States Code, is amended by striking ``section 32905(e)'' and inserting
``section 32905(f)''.
SEC. 3. HIGH OCCUPANCY VEHICLE FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subparagraph (b)(5), by striking subparagraph (A)
and inserting the following:
``(A) Inherently low-emission vehicles.--If a State
agency establishes procedures for enforcing the
restrictions on the use of a HOV facility by vehicles
listed in clauses (i) and (ii), the State agency may
allow the use of the HOV facility by--
``(i) alternative fuel vehicles; and
``(ii) new qualified plug-in electric drive
motor vehicles (as defined in section 30D(d)(1)
of the Internal Revenue Code of 1986).''; and
(2) in subparagraph (f)(1), by inserting ``solely'' before
``operating''.
SEC. 4. STUDY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Energy, after consultation with the Secretary of
Transportation, shall submit a report to Congress that--
(1) describes options to incentivize the development of
public compressed natural gas fueling stations; and
(2) analyzes a variety of possible financing tools, which
could include--
(A) Federal grants and credit assistance;
(B) public-private partnerships; and
(C) membership-based cooperatives. | Alternative Fuel Vehicle Development Act - Creates incentives for the manufacture of dual-fueled automobiles that use alternative fuels other than methanol, denatured ethanol, and other alcohols (non-alcohol, dual-fueled automobiles). Removes the cap on credits under the Corporate Average Fuel Economy (CAFE) program for non-alcohol, dual-fueled automobiles. (The cap on CAFE credits limits the total increase of a manufacturer's average fuel economy attributable to dual-fueled automobiles.) Reduces the minimum driving range for non-alcohol, dual-fueled automobiles. Disallows any petition to lower the driving range below 150 miles for those automobiles. Revises the formula the Administrator of the Environmental Protection Agency (EPA) uses to calculate fuel economy for dual-fueled automobiles operating with gaseous fuel, such as natural gas or hydrogen. Requires the EPA to apply utility factors based on the driving range for such automobiles. Allows the EPA to use a different methodology to calculate the fuel economy for dual-fueled, electric automobiles. Makes permanent the state's authority to exempt alternative fuel vehicles from high occupancy vehicle (HOV) lane restrictions. Makes eligible only those alternative fuel vehicles operating solely on alternative fuel, including electric vehicles. Requires the Secretary of Energy (DOE) to report on incentives and financing tools to develop public compressed natural gas fueling stations. | {"src": "billsum_train", "title": "Alternative Fuel Vehicle Development Act"} | 1,442 | 314 | 0.509441 | 1.302594 | 0.65366 | 1.420233 | 5.054475 | 0.758755 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Peace Corps Volunteer Service
Improvement Act of 2011''.
SEC. 2. CONFIDENTIALITY OF REPORTS OF RAPE OR SEXUAL ASSAULT.
(a) In General.--The Director of the Peace Corps shall establish
and maintain policies and procedures that clearly establish a process
for volunteers to make confidential reports of rape or sexual assault.
(b) Penalty.--Any Peace Corps volunteer or staff member who is
responsible for maintaining confidentiality under subsection (a) and
who breaches such duty shall be subject to disciplinary action,
including termination, and in the case of a staff member, ineligibility
for re-employment with the Peace Corps.
(c) Inclusion.--In this Act, Peace Corps volunteers includes
trainees and Peace Corps staff members include any employee,
contractor, expert, consultant, or Foreign Service national employed or
contracted by the Peace Corps, whether in the United States or in a
foreign country.
SEC. 3. SAFETY AND SECURITY AGREEMENT REGARDING PEACE CORPS VOLUNTEERS
SERVING IN FOREIGN COUNTRIES.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Director of the Peace Corps shall consult
with the Assistant Secretary of State for Diplomatic Security and enter
into a memorandum of understanding that specifies the duties and
obligations of the Peace Corps and the Bureau of Diplomatic Security of
the Department of State with respect to the protection of Peace Corps
volunteers and staff members serving in foreign countries, including
with respect to investigations of safety and security incidents and
crimes committed against such volunteers and staff members.
(b) Inspector General Review.--
(1) Review.--The Inspector General of the Peace Corps shall
review the memorandum of understanding described in subsection
(a) and be afforded the opportunity to recommend changes that
advance the safety and security of Peace Corps volunteers
before its entry into force.
(2) Report.--The Director of the Peace Corps shall consider
the recommendations of the Inspector General of the Peace Corps
regarding the memorandum of understanding described in
subsection (a). If the Director enters into such memorandum
without implementing a recommendation of the Inspector General,
the Director shall submit to the Inspector General a written
explanation relating thereto.
(3) Failure to meet deadline.--
(A) Requirement to submit report.--If, by the date
that is 6 months after the date of the enactment of
this section, the Director of the Peace Corps is unable
to obtain agreement with the Assistant Secretary of
State for Diplomatic Security and certification by the
Inspector General of the Peace Corps, the Director
shall submit to the committees of Congress specified in
subparagraph (C) a report explaining the reasons for
such failure.
(B) Limitation on funds.--If, by the date that is 9
months after the date of the enactment of this section,
the memorandum of understanding described in subsection
(a) has not entered into force, no funds available to
the Peace Corps may be obligated or expended to extend
to Peace Corps volunteers invitations for service or to
deploy Peace Corps trainees overseas unless the
Director of the Peace Corps certifies to the committees
of Congress specified in subparagraph (C) that--
(i) significant progress is being made
toward finalizing such memorandum; and
(ii) the Peace Corps is using best efforts
to provide volunteers with the training,
support, and information they need to stay safe
and secure.
(C) Committees of congress specified.--The
committees of Congress specified in this subparagraph
are the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
SEC. 4. INDEPENDENCE OF THE INSPECTOR GENERAL OF THE PEACE CORPS.
The limitations specified in section 7(a)(2)(A) of the Peace Corps
Act (22 U.S.C. 2506(a)(2)(A)) on the length of appointment or
assignment under section 7(a)(2) of such Act, section 7(a)(2)(B) of
such Act on reappointment or reassignment of an individual whose
appointment or assignment under section 7(a)(2) of such Act has been
terminated, and section 7(a)(5) of such Act on the circumstances under
which an appointment or assignment under section 7(a)(2) of such Act
may exceed five years shall not apply to--
(1) the Inspector General of the Peace Corps; and
(2) officers and employees of the Office of the Inspector
General of the Peace Corps.
SEC. 5. SAFETY AND SECURITY REPORTS.
(a) In General.--The Director of the Peace Corps shall annually
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate a
report on the safety of Peace Corps volunteers. Each such report shall
at a minimum include the following information:
(1) The incidence of crimes, together with the number of
arrests, prosecutions, and incarcerations for every country in
which volunteers serve for the preceding year.
(2) A three year trend analysis of the types and frequency
of crimes committed against volunteers for every country in
which the Peace Corps has operated for at least the three
preceding years.
(b) Inspector General Audit.--Not later than two years after the
date of the enactment of this section and at least once every five
years thereafter (or more frequently as appropriate), the Inspector
General of the Peace Corps shall perform an audit of Peace Corps
implementation of safety and security protocols, including the status
of any Inspector General findings and recommendations from previous
audits that have not been adequately remediated or implemented.
SEC. 6. PORTFOLIO REVIEWS.
(a) In General.--The Director of the Peace Corps shall, at least
once every three years (or more frequently as appropriate), perform a
review to evaluate the allocation and delivery of resources across the
countries the Peace Corps serves or is considering for service. Such
portfolio reviews shall at a minimum include the following with respect
to each such country:
(1) An evaluation of the country's commitment to the Peace
Corps program.
(2) An analysis of the safety and security of volunteers.
(3) An evaluation of the country's need for assistance.
(4) An analysis of country program costs.
(5) An evaluation of the effectiveness of management of
each post within a country.
(6) An evaluation of the country's congruence with the
Peace Corps' mission and strategic priorities.
(b) Report.--The Director of the Peace Corps shall prepare a report
on each portfolio review required under subsection (a). Each such
report shall discuss performance measures and sources of data used
(such as project status reports, volunteer surveys, impact studies,
reports of Inspector General of the Peace Corps, and any relevant
external sources) in making such review's findings and conclusions. The
Director shall make each such report available upon request to the
Chairman and Ranking Member of the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of the
Senate in a manner consistent with the protection of classified
information if determined necessary to protect sensitive information. | Peace Corps Volunteer Service Improvement Act of 2011 - Requires the Director of the Peace Corps to establish a process for volunteers to make confidential reports of rape or sexual assault. Subjects any Peace Corps volunteer or member who breaches a duty of confidentiality regarding such a report to disciplinary action, including termination.
Requires the Director to enter into with the Assistant Secretary of State for Diplomatic Security, and requires the Inspector of the Peace Corps to review, a memorandum of understanding that specifies the duties and obligations of the Peace Corps and the Department of State's Bureau of Diplomatic Security regarding the protection of Peace Corps volunteers and staff members serving in foreign countries. Prohibits the obligation or expenditure of Peace Corps funds for volunteers' invitations for service or to deploy trainees overseas if such agreement has not entered into force within nine months after enactment of this Act, unless the Director certifies that: (1) significant progress is being made toward finalizing such memorandum, and (2) the Peace Corps is using best efforts to provide volunteers with the training, support, and information they need to stay safe.
Exempts such Inspector General and officers and employees of the Inspector General's Office from certain length of appointment, reappointment, and reassignment limitations applicable to the Foreign Service.
Requires the Director to: (1) annually submit a report on the safety of Peace Corps volunteers; and (2) perform, at least once every three years, a review to evaluate the allocation and delivery of resources across the countries the Peace Corps serves.
Requires the Inspector General to perform an audit every five years of Peace Corps implementation of safety and security protocols. | {"src": "billsum_train", "title": "To establish policies and procedures in the Peace Corps to provide for the safety and security of volunteers from rape and sexual assault, and for other purposes."} | 1,557 | 356 | 0.731357 | 2.399012 | 0.932679 | 4.447284 | 4.559105 | 0.958466 |
SECTION 1. PENALTY-FREE DISTRIBUTIONS FROM CERTAIN RETIREMENT PLANS TO
REPAIR OR REPLACE CERTAIN PROPERTY DAMAGED IN
PRESIDENTIALLY-DECLARED DISASTERS.
(a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 (relating to exceptions to 10-percent additional
tax on early distributions from qualified retirement plans) is amended
by adding at the end thereof the following new subparagraph:
``(D) Distributions from certain retirement plans
for disaster-related expenses.--Distributions 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),
which are qualified disaster-related distributions (as
defined in paragraph (6)).''
(b) Definitions.--Section 72(t) of such Code is amended by adding
at the end thereof the following new paragraph:
``(6) Qualified disaster-related distributions.--
``(A) In general.--For purposes of paragraph
(2)(D), the term `qualified disaster-related
distribution' means any distribution received by an
individual to the extent such distribution is used by
such individual before the close of the 60th day after
the day on which such distribution is received to pay
for the repair or replacement of qualified disaster-
damaged property which is--
``(i) personal property of such individual,
or
``(ii) a residence of such individual.
``(B) Limitations.--
``(i) Only distributions within first 1
year to qualify.--Paragraph (2)(D) shall not
apply to any distribution made more than 1 year
after the date of the determination referred to
in subparagraph (C)(ii).
``(ii) Withdrawals limited to uninsured
losses.--Paragraph (2)(D) shall apply to
distributions to repair or replace any
property--
``(I) only to the extent of the
loss sustained with respect to such
property which is not compensated for
by insurance or otherwise, and
``(II) in the case of property
covered by insurance, only if a timely
claim is filed for compensation by such
insurance on the loss sustained with
respect to such property.
``(C) Definitions.--For purposes of this
paragraph--
``(i) Disaster-damaged property.--The term
`qualified disaster-damaged property' means
property--
``(I) which was located in a
disaster area on the date of the
determination referred to in clause
(ii),
``(II) which was damaged or
destroyed as a result of the disaster
occurring in such area, and
``(III) which is not connected with
a trade or business or a transaction
entered into for profit.
``(ii) Disaster area.--The term `disaster
area' means an area determined by the President
to warrant assistance under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act.
``(D) Special rules relating to replacement of
residence.--For purposes of this paragraph--
``(i) Certain costs included.--The cost of
replacing a residence includes any usual or
reasonable settlement, financing, or other
closing costs.
``(ii) Special rule where delay in
acquisition.--If any distribution fails to meet
the requirements of subparagraph (A) solely by
reason of a delay or cancellation of the
purchase or construction of a 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.''
(c) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) of such Code 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
disaster-related distributions (as
defined in section 72(t)(6)) are made,
and''.
(2) Section 403(b)(11) of such Code 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 disaster-related distributions
(as defined in section 72(t)(6)).''
(d) Effective Date.--The amendments made by this section shall
apply to distributions after December 31, 1993, with respect to areas
determined after such date to warrant assistance under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act. | Amends the Internal Revenue Code to allow penalty-free distributions from certain retirement plans to pay for the repair or replacement of qualified disaster-damaged property. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow penalty-free withdrawals from certain retirement plans for the repair or replacement of certain property damaged in a Presidentially-declared disaster."} | 1,206 | 34 | 0.567752 | 1.31402 | 0.343953 | 5.413793 | 35.448276 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Standardized School Report Card
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the report ``Quality Counts 99'', by
Education Week, 36 States require the publishing of annual
report cards on individual schools, but the content of the
report cards varies widely.
(2) The content of most of the report cards described in
paragraph (1) does not provide parents with the information the
parents need to measure how their school or State is doing
compared with other schools and States.
(3) Ninety percent of taxpayers believe that published
information about individual schools would motivate educators
to work harder to improve the schools' performance.
(4) More than 60 percent of parents and 70 percent of
taxpayers have not seen an individual report card for their
area school.
(5) Dissemination of understandable information about
schools can be an important tool for parents and taxpayers to
measure the quality of the schools and to hold the schools
accountable for improving performance.
SEC. 3. PURPOSE.
The purpose of this Act is to provide parents, taxpayers, and
educators with useful, understandable school report cards.
SEC. 4. REPORT CARDS.
(a) State Report Cards.--Each State educational agency receiving
assistance under the Elementary and Secondary Education Act of 1965
shall produce and widely disseminate an annual report card for parents,
the general public, teachers and the Secretary of Education, in easily
understandable language, with respect to elementary and secondary
education in the State. The report card shall contain information
regarding--
(1) student performance in language arts and mathematics,
plus any other subject areas in which the State requires
assessments, including comparisons with students from different
school districts within the State, and, to the extent possible,
comparisons with students throughout the Nation;
(2) attendance and graduation rates;
(3) professional qualifications of teachers in the State,
the number of teachers teaching out of field, and the number of
teachers with emergency certification;
(4) average class size in the State;
(5) school safety, including the safety of school
facilities, incidents of school violence and drug and alcohol
abuse, and the number of instances in which a student was
determined to have brought a firearm to school under the State
law described in the Gun-Free Schools Act of 1994;
(6) to the extent practicable, parental involvement, as
measured by the extent of parental participation in school
parental involvement policies described in section 1118(b) of
the Elementary and Secondary Education Act of 1965;
(7) the annual school dropout rate, as calculated by
procedures conforming with the National Center for Education
Statistics Common Core of Data;
(8) student access to technology, including the number of
computers for educational purposes, the number of computers per
classroom, and the number of computers connected to the
Internet; and
(9) other indicators of school performance and quality.
(b) School Report Cards.--Each school receiving assistance under
the Elementary and Secondary Education Act of 1965, or the local
educational agency serving that school, shall produce and widely
disseminate an annual report card for parents, the general public,
teachers and the State educational agency, in easily understandable
language, with respect to elementary or secondary education, as
appropriate, in the school. The report card shall contain information
regarding--
(1) student performance in the school in language arts and
mathematics, plus any other subject areas in which the State
requires assessments, including comparisons with other students
within the school district, in the State, and, to the extent
possible, in the Nation;
(2) attendance and graduation rates;
(3) professional qualifications of the school's teachers,
the number of teachers teaching out of field, and the number of
teachers with emergency certification;
(4) average class size in the school;
(5) school safety, including the safety of the school
facility, incidents of school violence and drug and alcohol
abuse, and the number of instances in which a student was
determined to have brought a firearm to school under the State
law described in the Gun-Free Schools Act of 1994;
(6) parental involvement, as measured by the extent of
parental participation in school parental involvement policies
described in section 1118(b) of the Elementary and Secondary
Education Act of 1965;
(7) the annual school dropout rate, as calculated by
procedures conforming with the National Center for Education
Statistics Common Core of Data;
(8) student access to technology, including the number of
computers for educational purposes, the number of computers per
classroom, and the number of computers connected to the
Internet; and
(9) other indicators of school performance and quality.
(c) Model School Report Cards.--The Secretary of Education shall
use funds made available to the Office of Educational Research and
Improvement to develop a model school report card for dissemination,
upon request, to a school, local educational agency, or State
educational agency.
(d) Disaggregation of Data.--Each State educational agency or
school producing an annual report card under this section shall
disaggregate the student performance data reported under section
4(a)(1) or 4(b)(1), as appropriate, in the same manner as results are
disaggregated under section 1111(b)(3)(I) of the Elementary and
Secondary Education Act of 1965. | Standardized School Report Card Act - Requires annual State and school report cards with respect to elementary and secondary education, in easily understandable language.
Requires each State educational agency (SEA) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to produce and widely disseminate a State report card for parents, the general public, teachers and the Secretary of Education.
Requires each school receiving assistance under ESEA, or the local educational agency (LEA) serving that school, to produce and widely disseminate a school report card for parents, the general public, teachers and the SEA, in easily understandable language, with respect to elementary or secondary education in the school.
Requires such State and school report cards to contain, as appropriate, specified information regarding indicators of school performance and quality, including: (1) student performance in language arts and mathematics, and other assessed subject areas, including comparisons with students elsewhere; (2) attendance and graduation rates; (3) professional qualifications of teachers, and numbers teaching out-of-field or with emergency certification; (4) average class size; (5) school safety; (6) parental involvement; (7) annual school dropout rate; and (8) student access to technology, including computers and the Internet.
Directs the Secretary to use Office of Educational Research and Improvement funds to develop a model school report card for dissemination, upon request, to a school, LEA, or SEA.
Requires a certain disaggregation of student performance data in State and school report cards. | {"src": "billsum_train", "title": "Standardized School Report Card Act"} | 1,096 | 330 | 0.649085 | 1.961044 | 0.850662 | 4.536667 | 3.736667 | 0.943333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mountain Park Project Act of 1994''.
SEC. 2. MODIFICATION OF MOUNTAIN PARK PROJECT.
(a) In General.--The first section of the Act entitled ``An Act to
authorize the Secretary of the Interior to construct, operate, and
maintain the Mountain Park reclamation project, Oklahoma, and for other
purposes'' (Public Law 90-503; 82 Stat. 853) is amended by striking out
``and controlling floods.'' and inserting in lieu thereof ``controlling
floods, and environmental quality activities. As used in this Act, the
term `environmental quality activity' means any activity that primarily
benefits the quality of natural environmental resources.''.
(b) Reallocation of Project Costs.--Such Act is further amended by
adding at the end the following new section:
``Sec. 7. (a)(1) Not later than 180 days after the date of
enactment of the Mountain Park Project Act of 1994, the Secretary of
the Interior (referred to in this section as the `Secretary') shall--
``(A) conduct appropriate investigations to determine
environmental quality activities that could be carried out for
the Mountain Park project; and
``(B) on the basis of the determination made under
subparagraph (A), make an appropriate reallocation of the costs
of the project under sections 2 and 3 (referred to in this
section as `project costs') to accommodate the environmental
quality activities that the Secretary authorizes pursuant to
this subsection.
``(2) In conducting investigations under this subsection, the
Secretary shall examine the benefits to natural environmental resources
achievable from an environmental quality activity that requires
reallocating water or using facilities or land of the Mountain Park
project, including any of the following activities:
``(A) Developing in-stream flows.
``(B) Developing wetland habitat.
``(C) Any other environmental quality activity that the
Secretary determines to be appropriate to benefit the overall
quality of the environment.
``(b)(1) Upon completion of the investigations under subsection
(a)(2), the Secretary shall carry out the following:
``(A) The preparation of a proposed reallocation of project
costs in conformance with subsection (a)(1)(B).
``(B) Negotiations with the Mountain Park Master
Conservancy District (referred to in this section as the
`District') to amend the contract executed by the District
pursuant to this Act to adjust the obligation of the District
to repay project costs, as described in section 2, to reflect
the reallocation of nonreimbursable project costs.
``(2) For the purposes of paragraph (1), project costs associated
with an environmental quality activity specified by the Secretary
pursuant to subsection (a)(2) shall be nonreimbursable project costs.
``(c)(1) Notwithstanding any other provision of this Act, the
Secretary is authorized to accept prepayment of the repayment
obligation of the District for the reimbursable construction costs of
the project allocated to municipal and industrial water supply for the
city of Altus, Oklahoma, the city of Frederick, Oklahoma, or the city
of Snyder, Oklahoma (or any combination thereof), and, upon receipt of
such prepayment, the District's obligation to the United States shall
be reduced by the amount of such costs, and any security held therefor,
shall be released by the Secretary.
``(2) Any prepayment made pursuant to subsection (c)(1) shall
realize to the United States an amount calculated by discounting the
remaining repayment obligation by the interest rate determined in
accordance with subsection (d).
-`-`-(-d-)-(-1-) -T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l
-d-e-t-e-r-m-i-n-e -t-h-e -i-n-t-e-r-e-s-t -r-a-t-e -i-n
-a-c-c-o-r-d-a-n-c-e -w-i-t-h -t-h-e -g-u-i-d-e-l-i-n-e-s -s-e-t
-f-o-r-t-h -i-n -C-i-r-c-u-l-a-r -A---1-2-9 -i-s-s-u-e-d -b-y -t-h-e
-O-f-f-i-c-e -o-f -M-a-n-a-g-e-m-e-n-t -a-n-d -B-u-d-g-e-t
-c-o-n-c-e-r-n-i-n-g -l-o-a-n -s-a-l-e-s -a-n-d -p-r-e-p-a-y-m-e-n-t
-o-f -l-o-a-n-s-. -I-n -d-e-t-e-r-m-i-n-i-n-g -t-h-e -i-n-t-e-r-e-s-t
-r-a-t-e-, -t-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -e-q-u-a-t-e -a-n
-a-p-p-r-o-p-r-i-a-t-e -a-m-o-u-n-t -o-f -p-r-e-p-a-y-m-e-n-t -w-i-t-h
-t-h-e -p-r-i-c-e -o-f -t-h-e -D-i-s-t-r-i-c-t-'-s -o-b-l-i-g-a-t-i-o-n
-i-f -i-t -w-e-r-e -t-o -b-e -s-o-l-d -o-n -t-h-e -o-p-e-n -m-a-r-k-e-t
-t-o -a -t-h-i-r-d -p-a-r-t-y-.
``(d)(1) The Secretary of the Treasury shall determine the interest
rate in accordance with the guidelines set forth in Circular A-129
issued by the Office of Management and Budget and the Department of
Treasury Financial Manual. In determining the interest rate, the
Secretary shall consider the price of the District's obligation if it
were to be sold on the open market to a third party.
``(2) If the District uses tax-exempt financing to finance a
prepayment under subsection (c)(1), then the interest rate by which the
Secretary discounts the remaining payments due on the District's
obligation shall be adjusted by an amount that compensates the United
States for the direct or indirect loss of future tax revenues.
``(e) Notwithstanding any payment made by the District pursuant to
this section or pursuant to any contract with the Secretary, title to
the project facilities shall remain with the United States.''.
(c) Repeal.--Section 3101 of the Reclamation Projects Authorization
and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4698) is
repealed. | Mountain Park Project Act of 1994 - Adds environmental quality activities to the list of activities of the Mountain Park Reclamation Project, Oklahoma.
Directs the Secretary of the Interior to: (1) conduct investigations to determine environmental quality activities that could be carried out for the Project; and (2) make an appropriate reallocation of Project costs to accommodate such activities. Requires the Secretary, in conducting such investigations, to examine the benefits to natural environmental resources achievable from an environmental quality activity that requires reallocating water using facilities or land of the Project.
Requires the Secretary, upon completion of investigations, to: (1) prepare a proposed reallocation of Project costs; and (2) negotiate with the Mountain Park Master Conservancy District to amend the contract to adjust the obligation of the District to repay Project costs to reflect the reallocation of nonreimbursable Project costs. Requires Project costs associated with an environmental quality activity to be nonreimbursable. Authorizes the Secretary to accept prepayment of the repayment obligation of the District for reimbursable construction costs allocated to municipal and industrial water supply for the cities of Altus, Frederick, or Snyder, Oklahoma, or any combination thereof, and reduces the District's obligation by the amount of such costs upon receipt of prepayment.
Directs the Secretary of the Treasury: (1) to determine the interest rate in accordance with the guidelines set forth in Circular A-129 issued by the Office of Management and Budget and the Department of Treasury Financial Manual; and (2) in determining such rate, to consider the price of the District's obligation if it were to be sold on the open market to a third party.
Provides that title to the Project facilities shall remain with the United States.
Repeals provisions of existing law regarding prepayment by the District for Project costs. | {"src": "billsum_train", "title": "Mountain Park Project Act of 1994"} | 1,781 | 379 | 0.637116 | 2.138407 | 0.892752 | 4.982609 | 4.57971 | 0.947826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Learning and Opportunity State
Grants Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The first 3 years of life are a critical period of
brain development, intellectual growth, and emotional, social,
affective, and moral development, that help determine the
health and productivity of a child in later life.
(2) Scientific research shows that how individuals function
from preschool through adolescence and adulthood hinges to a
significant extent on the experiences children have in their
first 3 years of life.
(3) One in 3 victims of physical abuse is a baby less than
1 year of age.
(4) In 1993 the National Educational Goals Panel reported
that nearly half of infants in the United States do not have
what they need to grow and thrive.
(5) High-quality care from a parent or other adult is
necessary to facilitate growth and development.
(6) More than 50 percent of mothers with children less than
1 year of age are working outside the home.
(7) Five million children under age 3 are in the care of
other adults while their parents work outside the home.
(8) Parents of very young children have few child care
service options. Many cannot afford to stay home with their
children, or to pay for safe, high-quality developmental child
care services.
(9) Statewide and multistate studies have found that less
than 20 percent of child care services for very young children
is of good quality; nearly 50 percent is of such substandard
quality that it adversely affects such children's development
and may put their health and safety at risk.
(10) Families with children less than 3 years of age are
the single largest group living in poverty. Twenty-five percent
of such children, 3,000,000 children, are living below the
poverty line, are at greater risk for malnutrition, poor
health, and maltreatment, and are less likely to receive the
care they need from parents or other child care service
providers to grow and develop normally.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to improve the quality, and to increase the
availability, of child care services for children less than 3
years of age,
(2) to improve the affordability of child care services
available to such children,
(3) to improve the quality, and to increase the
availability, of services to assist families to nurture such
children, and
(4) to improve the coordination and effectiveness of
existing programs that provide such services to such children
and their families.
SEC. 4. GRANTS FOR SERVICES.
(a) Authority To Make Grants.--The Secretary of Health and Human
Services may make grants, on a competitive basis, to eligible States to
improve the quality, and to increase the availability, of child care
services for very young children and of support services for the
families of such children.
(b) Priority.--For the purpose of making grants under subsection
(a), the Secretary shall give priority to eligible States to the extent
that such State, as demonstrated in the application for a grant under
such subsection--
(1) will minimize the administrative costs to be incurred
to carry out the plan contained in such application,
(2) has coordinated the activities described in the plan
contained in such application, with providers of child care
services for children between 3 and 6 years of age, and with
providers of family support services for families of such
children, located in the State,
(3) has taken substantial legislative or executive action
to reduce the duplication of, and barriers to providing, such
services, and
(4) during the fiscal year for which such grant is
received, will reimburse such providers for such services at
rates that reflect--
(A) the higher costs incurred by such providers who
are accredited by national association that provides
accreditation for providers of the respective types of
such services and that is recognized by the Secretary,
and
(B) the higher costs incurred by such providers to
provide child care services to children who are very
young children.
SEC. 5. ELIGIBILITY FOR GRANTS.
To be eligible to receive a grant under section 4, a State shall
submit to the Secretary an application that satisfies the following
requirements:
(1) Such application is prepared by the State after
consultation with providers of child care services for very
young children, and with providers of family support services
for families of such children, located in the State.
(2) Such application contains a plan that describes how the
State will expend such grant to do 1 or more of the following:
(A) To improve quality of child care services.
(B) To improve licensing standards applicable to
providers of child care services for very young
children in the State by specifying matters that apply
to providing child care services, such as child-to-
staff ratios, group size, staff preparation and
qualifications, ongoing staff training, health and
safety, and linkages to parents and community services.
(C) To improve enforcement of licensing standards
applicable to providers of child care services for care
for very young children in the State.
(D) To improve salaries for caregivers of such
child care services.
(E) To support ongoing and more advanced training
for such caregivers (including training to provide
child care services for children with special needs)
and to create incentives for individuals to obtain, and
child care centers to employ individuals who have
obtained, more advanced training in providing child
care services.
(F) To improve accessibility to child care services
for very young children, including improving the
quality of, and expanding the availability of, resource
and referral services and transportation services for
families with very young children.
(G) To improve affordability of child care services
for very young children.
(H) To improve and expand support services to
families with very young children.
(I) To improve coordination of existing Federal and
State programs that provide support services for
families with very young children.
(3) Such application shall contain assurances that--
(i) not more than 70 percent of the cost of
carrying out the plan contained in such application
will be paid with such grant together with any other
available Federal funds,
(ii) such grant will be used to supplement, not
supplant, non-Federal funds otherwise available to
provide child care services for very young children and
support services for the families of such children,
(iii) the State will expend in cash or in kind,
from State resources (including private contributions
and excluding resources available to local governmental
entities) an amount not less than 30 percent of the
amount of such grant, and
(iv) such grant will be administered by the lead
agency that is designated by the State under section
658D of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858b).
(4) Such application shall contain such other information
and assurances as the Secretary may require by rule.
SEC. 6. MODEL TRAINING PROGRAM FOR EMPLOYEES OF CHILD CARE PROVIDERS.
The Secretary shall--
(1) by adapting the requirements in effect under section
1792(a) of title 10, United States Code, develop a voluntary
model training program applicable to individuals who are
employed as caregivers by providers of child care services,
(2) make available to Head Start agencies and providers of
child care services the model training code developed under
paragraph (1), and
(3) provide to such agencies and such providers technical
assistance to implement such program.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Caregiver.--The term ``caregiver'' means an individual
who provides a service directly to a child on a person-to-
person basis.
(2) Family support services.--The term ``family support
services'' means community-based activities designed to promote
parental competencies and behaviors that will increase the
ability of families to successfully nurture their children.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Very young children.--The term ``very young children''
means children who are less than 3 years of age.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$500,000,000 for fiscal year 1999, $750,000,000 for fiscal year 2000,
$1,000,000,000 for each of the fiscal years 2001, 2002, and 2003. | Early Learning and Opportunity State Grants Act of 1997 - Authorizes the Secretary of Health and Human Services to make grants to eligible States to improve the quality and increase the availability of child care services, and of family support services, for families with children under three years of age.
Directs the Secretary to: (1) develop a voluntary model training program for employees of child care providers; (2) make available to Head Start agencies and child care providers the code developed for such model training program; and (3) provide technical assistance to such agencies and providers to implement it.
Authorizes appropriations. | {"src": "billsum_train", "title": "Early Learning and Opportunity State Grants Act of 1997"} | 1,743 | 120 | 0.525635 | 1.449179 | 0.623369 | 3.838983 | 15.144068 | 0.957627 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Terrorism, Anti-Hijacking, and
Federal Criminal Investigators' Empowerment Act of 2001''.
SEC. 2. AUTHORITY TO RESPOND TO CRIMES OF VIOLENCE AND ACTS OF
TERRORISM.
(a) In General.--Chapter 203 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3064. Powers of Federal criminal investigators to respond to
crimes of violence or acts of terrorism
``(a) A criminal investigator employed by any department or agency
of the United States Government is authorized to--
``(1) carry firearms within the jurisdiction of the United
States and the special aircraft jurisdiction of the United
States; and
``(2) respond to any crime of violence or act of terrorism
within the jurisdiction of the United States, or any violation
of Federal law related to the special aircraft jurisdiction of
the United States, committed in the presence of the criminal
investigator and to take into custody any person or persons
committing such crimes of violence, acts of terrorism, or other
violations of Federal law on an interim Federal basis, but, as
soon as possible, the custody of such person or persons shall
be turned over to the appropriate Federal law enforcement
agency with jurisdiction.
``(b) The authorities provided for in subsection (a)(2) shall be
exercised only in exigent circumstances, or under the direction of the
head of any department or agency of the United States Government with
jurisdiction.
``(c) Within 60 days of the enactment of this section, the head of
any department or agency of the United States Government employing
criminal investigators, in consultation with the Director of the
Federal Law Enforcement Training Center, or in the case of those
agencies within the Department of Justice not trained at the Federal
Law Enforcement Center, in consultation with the Director of the
Federal Bureau of Investigation, shall ensure that its firearms policy
for criminal investigators conforms with standards and regulations
established by the Attorney General.
``(d) Within 180 days of the enactment of this section, criminal
investigators shall receive specific training in responding to crimes
of violence, acts of terrorism, or other crimes committed in the
special aircraft jurisdiction of the United States. Such training shall
be approved by the Attorney General and administered by the Director of
the Federal Law Enforcement Training Center, or in the case of those
criminal investigators employed by the Department of Justice, may be
administered by the Director of the Federal Bureau of Investigation.
``(e) Upon successful completion of such training as provided for
in subsection (d), the Administrator of the Federal Aviation
Administration shall issue the criminal investigator a special
identification credential. The Administrator may prescribe regulations
requiring the criminal investigator to display the special
identification credential to authorized security officials before
carrying a firearm in the special aircraft jurisdiction of the United
States.
``(f) In the absence of exigent circumstances, a criminal
investigator shall take no action involving the use or display of a
firearm, or other law enforcement action, while an aircraft is in
flight unless directed to do by the pilot in command or other
authorized crewmember. However, this subsection shall not restrict a
criminal investigator from reacting to exigent circumstances aboard an
aircraft in flight involving the risk of serious injury or death of
passengers or crew, and the hijacking or destruction of the aircraft.
``(g) Not later than 180 days after the date of the enactment of
this section, an advisory panel shall provide recommendations to
Congress and the Administrator of the Federal Aviation Administration
regarding the design, control, production, security and
anticounterfeiting features of the special identification credential
authorized in subsection (e). The advisory panel shall be chaired by
the Comptroller General, or designee, and shall include one
representative appointed by the Administrator, Attorney General,
Secretary of Defense, Secretary of State, Secretary of Transportation,
Secretary of the Treasury, the Director of the Federal Bureau of
Investigation, and the Director of the United States Secret Service.
The Comptroller General may invite any other Federal, State, or local
officials or private individuals to provide information and participate
in panel meetings. The panel may provide recommendations in a public
document and in a restricted document.
``(h) Nothing in this section may be construed to--
``(1) limit the law enforcement or investigative
authorities a criminal investigator may otherwise exercise
under existing law;
``(2) limit the law enforcement or investigative
authorities a department or agency of the United States
Government may otherwise exercise under existing law;
``(3) grant a criminal investigator authorities not
specified in this section; and
``(4) grant a department or agency of the United States
Government authorities not specified in this section.
``(i) As used in this section--
``(1) the term `criminal investigator' means a Federal law
enforcement officer, as defined in section 5545a of title 5,
who has--
``(A) demonstrated proficiency in the use of
firearms; and
``(B) successfully completed a training program for
Federal criminal investigators at the Federal Law
Enforcement Training Center, Federal Bureau of
Investigation Academy, or equivalent Federal facility
approved by the Attorney General;
``(2) the term `crime of violence' has the same meaning as
defined in section 16 of this title;
``(3) the term `act of terrorism' has the same meaning as
defined in section 3077 of this title;
``(4) the term `aircraft in flight' has the same meaning as
defined in section 46501 of title 49;
``(5) the term `exigent circumstances' means those
circumstances when a criminal investigator reasonably believes
that there is risk of serious injury or death to the criminal
investigator or others;
``(6) the term `jurisdiction of the United States' has the
same meaning as defined in section 5 of this title; and
``(7) the term `special aircraft jurisdiction of the United
States' has the same meaning as defined in section 46501 of
title 49.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 203 of title 18, United States Code, is amended by adding at
the end the following new item:
``3064. Powers of Federal criminal investigators to respond to crimes
of violence or acts of terrorism.''.
SEC. 3. LAW ENFORCEMENT AVAILABILITY PAY.
Paragraph (1) of section 5545a(1) of title 5, United States Code,
is amended to read as follows:
``(1) the term `available' refers to the availability of a
criminal investigator and means that a criminal investigator--
``(A) shall be considered generally and reasonably
accessible by the agency employing such investigator to
perform unscheduled duty based upon the needs of an
agency; and
``(B) shall be available to respond to a crime of
violence or act of terrorism in the jurisdiction of the
United States, or any violation of Federal law related
to the special aircraft jurisdiction of the United
States, as defined in section 3064 of title 18.''. | Anti-Terrorism, Anti-Hijacking, and Federal Criminal Investigators' Empowerment Act of 2001 - Amends the Federal criminal code to authorize a criminal investigator employed by any Government agency to: (1) carry firearms within U.S. jurisdiction and the special aircraft jurisdiction of the United States; and (2) respond to any crime of violence or act of terrorism within such jurisdictions committed in the investigator's presence and to take into custody anyone committing such crimes or acts or other Federal violations.Requires: (1) the head of any agency employing criminal investigators to ensure that its firearms policy for investigators conforms with standards and regulations established by the Attorney General; (2) investigators to receive specific training in responding to such crimes or acts; (3) the Administrator of the Federal Aviation Administration to issue an investigator who completes training a special identification credential; and (4) an advisory panel to make recommendations regarding the design, control, production, security, and anti-counterfeiting features of the credential.Prohibits an investigator from taking action involving the use or display of a firearm or other law enforcement action while an aircraft is in flight unless so directed by the pilot or other authorized crew member in the absence of exigent circumstances.Specifies that for purposes of availability pay provisions, criminal investigators shall be available to respond to any such crime or act. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to prevent or mitigate crimes of violence or acts of terrorism by authorizing Federal criminal investigators to carry firearms and respond to such crimes of violence or acts of terrorism committed in their presence and to amend section 5545a of title 5, United States Code, to expand the definition of \"available\" for those criminal investigators who receive Law Enforcement Availability Pay, to include responding to crimes of violence or acts of terrorism, and for other purposes."} | 1,523 | 293 | 0.659466 | 2.033496 | 0.789751 | 4.404669 | 5.859922 | 0.933852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prison Work and Victim Restitution
Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) work is inherently American and honorable;
(2) work is of fundamental importance to any orderly
society which reveres such common values as responsibility,
independence, and respect for others;
(3) in order to reduce recidivism, provide restitution to
victims, reparations to communities, and promote the values of
responsibility, independence, and respect for others, the
Federal Government should enact policies which expand work,
educational, and life skills opportunities for prisoners
incarcerated in Federal and State penal institutions;
(4) American taxpayers are justified to expect that
prisoners reimburse the United States Treasury for the cost of
their incarceration, and in addition, that prisoners should
make monetary restitution to a fund which benefits the victims
of crime;
(5) prisoners should be prohibited from engaging in certain
types of activities which are not healthy and conducive to
their successful rehabilitation and restitution;
(6) prisoners should not have access to certain amenities
which are unnecessary, enhance leisure activities, or do not
promote successful rehabilitation;
(7) prisoners should not be guaranteed the same wage and
working conditions guaranteed to hard working, law abiding
Americans;
(8) existing Federal laws limit prisoners from engaging in
work, and do not impose mandatory work requirements for
prisoners; and
(9) existing barriers to prisoner labor should be removed
and Federal laws should be strengthened to ensure that
prisoners, their victims, taxpayers, and society in general
reap the maximum benefits and positive values associated with
work.
SEC. 3. WORK REQUIREMENT FOR FEDERAL PRISONERS.
(a) Work Requirement.--Section 2905 of the Crime Control Act of
1990 (18 U.S.C. 4121 note) is amended by adding at the end of
subsection (a) the following: ``Subject to this section, such inmates
shall engage in work for not less than 50 hours weekly. In addition
inmates shall engage job-training and educational and life skills
preparation study. In the event that opportunities otherwise provided
by law for inmates to work are not sufficient to meet the requirements
of the preceding sentence, notwithstanding any other provision of law,
the services of prisoners may also be made available to nonprofit
entities to carry out any of their business or other functions. Each
authority of the United States that makes grants to nonprofit entities
shall take appropriate action to inform such entities of the
availability of inmates for this purpose. The Attorney General shall
make rules governing the provision of services by inmates to such
entities and the payment of any wages or other compensation for such
services.''.
(b) Use of Prison Labor by Private Entities.--
(1) Section 4125(a) of title 18, United States Code, is
amended by inserting ``, and notwithstanding any other
provision of law, to for-profit American entities either
located in a foreign country or considering moving to a foreign
country by reason of high domestic labor costs for work for
those entities'' after ``Congress''.
(2) The Attorney General may provide incentives to American
entities either located in a foreign country or considering
moving to a foreign country by reason of high domestic labor
costs, such as the use of space and facilities in Federal
prisons at a free or reduced rate.
(3) The Attorney General shall make rules governing the provision
of services by prisoners to private for-profit entities under this
subsection and the amendment made by this subsection. Such rules shall
govern the wages and other proceeds paid by entities for those
services.
(c) Use of Revenues From Prison Labor.--
(1) There is established in the Treasury a Fund
(hereinafter in this subsection referred to as the ``Fund''.
(2) All proceeds and wages, less any taxes or withholding
required by Federal or State law, from prison labor shall be
placed in the Fund.
(3) The Fund shall be used, under guidelines established by
the Attorney General, as follows:
(A) One third shall be used to offset the costs of
prisoner incarceration.
(B) One third shall be used for victim restitution.
(C) One tenth to be held in a non-interest bearing
account for the individual prisoner, to be paid on
release from prison, but if the prisoner will not be
eligible for release, then this portion shall be
immediately available for use under subparagraph (B).
(D) The remainder to States for programs to benefit
the dependents of prisoners, but only to those States
the Attorney General determines have substantially the
same prison work requirements and prison conditions as
established for Federal prisoners.
SEC. 4. PRISONERS UNDER THE FAIR LABOR STANDARDS ACT OF 1938 AND THE
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970.
(a) Fair Labor Standards Act of 1938.--Section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)) is amended by adding at
the end the following:
``(5) The term `employee' does not include a prisoner confined in a
Federal or State prison, in a prison of a political subdivision of a
State, or in a prison maintained for the Federal Government, a State
government, or political subdivision government.''.
(b) Occupational Safety and Health Act of 1970.--Section 3(6) of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(6)) is
amended by adding at the end the following: ``The term `employee' does
not include a prisoner confined in a Federal or State prison, in a
prison of a political subdivision of a State, or in a prison maintained
for the Federal Government, a State government, or political
subdivision government.''.
SEC. 5. PRISON CONDITIONS.
The Bureau of Prisoners shall ensure that Federal prisoners--
(1) do not smoke, use or possess any type of tobacco;
(2) do not possess, view or read pornographic or sexually
explicit materials;
(3) are subject to regular and random testing for drugs and
illegal substances;
(4) do not possess microwave ovens, hot plates, toaster
ovens, or televisions (unless provided by the prison for group
viewing), or VCRs;
(5) do not possess, or listen to, music which contains
lyrics that are violent, sexually explicit, vulgar, glamorize
gang membership or activities, demean women or disrespect law
enforcement;
(6) do not view cable television which is not educational
in nature; and
(7) do not engage in sexual activity.
SEC. 6. CONVICT PILOT PROJECTS.
Section 1761(c)(1) of title 18, United States Code, is amended by
striking ``--one of not more than 50''. | Prison Work and Victim Restitution Act of 1996 - Amends the Crime Control Act of 1990 to require convicted inmates confined in Federal prisons, jails, and other detention facilities to engage in: (1) work for no fewer than 50 hours weekly; and (2) job-training and educational and life skills preparation study. Allows nonprofit entities to utilize the services of prisoners if opportunities otherwise provided by law for inmates to work are insufficient to meet such requirements.
Authorizes the Attorney General to: (1) make prisoners available to for-profit American entities either located in a foreign country or considering moving to a foreign country because of high domestic labor costs, subject to specified requirements; and (2) provide incentives to such entities, such as the use of space and facilities in Federal prisons at a free or reduced rate.
Directs the Attorney General to make rules governing the provision of services by inmates to such nonprofit and for-profit entities.
Establishes in the Treasury a Fund into which shall be placed all proceeds and wages from prison labor. Directs that such Fund be used: (1) to offset the costs of prisoner incarceration (one third); (2) for victim restitution (one third); (3) for payment into the individual prisoner's account to be paid upon his or her release (one tenth); and (4) for payments to States with prison work requirements that are substantially the same as Federal requirements for programs to benefit the dependents of prisoners.
Amends the Fair Labor Standards Act of 1938 and the Occupational Safety and Health Act of 1970 to exclude prisoners from the term "employee" for purposes of such Acts.
Directs the Bureau of Prisons to ensure that Federal prisoners: (1) are subject to regular and random testing for drugs and illegal substances; (2) do not engage in specified activities, such as smoking, viewing pornographic materials, or sexual activity; and (3) do not possess microwave ovens, hot plates, toaster overs, televisions, or VCRs.
Repeals the limitation on the number of non-Federal prison work pilot projects with respect to which penalties for transporting in interstate commerce or importing from any foreign country into the United States goods, wares, or merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners are inapplicable. | {"src": "billsum_train", "title": "Prison Work and Victim Restitution Act of 1996"} | 1,497 | 501 | 0.614274 | 2.129025 | 0.790281 | 3.564551 | 3.089716 | 0.873085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Improvement and Immigration
Act of 1999''.
SEC. 2. AMENDMENT OF THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT
RESPONSIBILITY ACT OF 1996.
Section 110(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1221 note) is amended to read as
follows:
``(a) System.--
``(1) In general.--Subject to paragraph (3), not later than
October 15, 1998, the Attorney General shall develop an
automated entry and exit control system at air ports-of-entry
that will--
``(A) collect a record of departure for every alien
departing the United States and match the record of
departure with the record of the alien's arrival in the
United States; and
``(B) enable the Attorney General to identify,
through on-line searching procedures, lawfully admitted
nonimmigrants who remain in the United States beyond
the period authorized by the Attorney General.
``(2) Implementation.--The Attorney General shall fully
implement the system developed under paragraph (1) at all air
ports-of-entry into the United States not later than October 1,
2001. The Attorney General may not implement the system at any
land border or seaport.
``(3) Exception.--The system under paragraphs (1) and (2)
shall not collect a record of arrival or departure for any
alien for whom the documentary requirements in section
212(a)(7)(B) of the Immigration and Nationality Act have been
waived by the Attorney General and the Secretary of State under
section 212(d)(4)(B) of the Immigration and Nationality Act.''.
SEC. 3. REPORT ON AUTOMATED ENTRY-EXIT CONTROL SYSTEM.
(a) Requirement.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall submit a report to the
Committees on the Judiciary of the Senate and the House of
Representatives on the feasibility of developing and implementing an
automated entry-exit control system that would collect a record of
departure for every alien departing the United States and match the
record of departure with the record of the alien's arrival in the
United States, including departures and arrivals at the land borders
and seaports of the United States.
(b) Contents of Report.--Such report shall--
(1) assess the costs and feasibility of various means of
operating such an automated entry-exit control system,
including exploring--
(A) how, if the automated entry-exit control system
were limited to certain aliens arriving at airports,
departure records of those aliens could be collected
when they depart through a land border or seaport; and
(B) the feasibility of the Attorney General, in
consultation with the Secretary of State, negotiating
reciprocal agreements with the governments of
contiguous countries to collect such information on
behalf of the United States and share it in an
acceptable automated format;
(2) consider the various means of developing such a system,
including the use of pilot projects if appropriate, and assess
which means would be most appropriate in which geographical
regions;
(3) evaluate how such a system could be implemented without
increasing border traffic congestion and border crossing delays
and, if any such system would increase border crossing delays,
evaluate to what extent such congestion or delays would
increase; and
(4) estimate the length of time that would be required for
any such system to be developed and implemented.
SEC. 4. INCREASED RESOURCES FOR BORDER CONTROL AND ENFORCEMENT.
(a) Increased Number of INS Inspectors at the Land Borders.--The
Attorney General in each of fiscal years 2000, 2001, and 2002 shall
increase by not less than 300 the number of full-time immigration
inspectors assigned to active duty at the land borders of the United
States by the Immigration and Naturalization Service, above the number
of such positions for which funds were made available for the preceding
fiscal year. The inspectors added under the preceding sentence in each
fiscal year shall be assigned equally to the northern and southern
borders of the United States.
(b) Increased Number of Customs Inspectors at the Land Borders.--
The Secretary of the Treasury in each of fiscal years 2000, 2001, and
2002 shall increase by not less than 150 the number of full-time
inspectors assigned to active duty at the land borders of the United
States by the Customs Service, above the number of such positions for
which funds were made available for the preceding fiscal year. The
inspectors added under the preceding sentence in each fiscal year shall
be assigned equally to the northern and southern borders of the United
States. | Border Improvement and Immigration Act of 1999 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to the automated entry-exit control system to exempt from required recordkeeping: (1) land border and seaport crossings; and (2) aliens for whom certain documentation requirements have been waived by the Attorney General or the Secretary of State. Requires airport implementation of such system by a specified date.
Requires the Attorney General to report on the feasibility of implementing an automated entry-exit control system that would include land border and seaport arrivals and departures.
Provides for increased numbers of full-time Immigration and Naturalization and Customs inspectors at U.S. land borders, with such inspectors to be equally assigned to the northern and southern borders. | {"src": "billsum_train", "title": "Border Improvement and Immigration Act of 1999"} | 1,032 | 170 | 0.627349 | 1.690199 | 0.750835 | 2.839161 | 6.629371 | 0.881119 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Debt Collector Abuse Act of
2012''.
SEC. 2. ENHANCED VALIDATION NOTICES.
(a) In General.--Section 809(a) of the Fair Debt Collection
Practices Act (15 U.S.C. 1692g(a)) is amended--
(1) in paragraph (4), by striking ``and'' at the end; and
(2) by striking paragraph (5) and inserting the following:
``(5) the date of the last payment made by or on behalf of
the consumer on the subject debt and the amount of the debt at
that time;
``(6) the name and address of the last person to extend
credit with respect to the debt;
``(7) an itemization of the principal, fees, interest, and
any other charges that make up the debt, including any other
charges added after the date of the last payment made by or on
behalf of the consumer on the subject debt;
``(8) a description of the rights of the consumer--
``(A) to request that the debt collector cease
communication with the consumer under section 805(c);
and
``(B) to have collection efforts stopped under
subsection (b); and
``(9) the name and contact information of the person
responsible for handling complaints on behalf of the debt
collector.''.
(b) Effective Date.--This section and the amendments made by this
section shall become effective 1 year after the date of enactment of
this Act.
SEC. 3. MEDICAL DEBT PROVISIONS.
(a) Findings.--Section 802 of the Fair Debt Collection Practices
Act (15 U.S.C. 1692) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Medical debt is unique among types of consumer debt in that--
``(1) with very few exceptions, consumers seek out health
care services out of medical need, not choice;
``(2) consumers typically do not know the cost of health
care services in advance and are not in a position to negotiate
a lower price; and
``(3) overly aggressive medical debt collection can
discourage consumers from seeking needed healthcare services,
with dire financial, physical and public health consequences
for themselves and their communities.''.
(b) Prohibiting Medical Facility Contacts.--Section 806 of the Fair
Debt Collection Practices Act (15 U.S.C. 1692d) is amended by adding at
the end the following:
``(7) Communicating or attempting to communicate with a
consumer in connection with the collection of any debt in a
hospital emergency department, labor and delivery department,
or any department where critical care medical services are
provided, such as the intensive care unit. Nothing in this
paragraph prohibits a health care provider from providing
information to a consumer about a debt in response to a direct
request from the consumer or discussing a debt at the time the
consumer is discharged.''.
(c) Actions Constituting Unfair Medical Debt Collection
Practices.--Section 808 of the Fair Debt Collection Practices Act (15
U.S.C. 1692f) is amended by adding at the end the following:
``(9) Withholding emergency medical services, taking action
to delay such services, threatening to withhold such services,
or giving the impression that such services will be withheld
until a debt is paid.
``(10) Using protected health information, as defined in
regulations promulgated pursuant to section 264(c) of the
Health Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note), except to the extent as is absolutely
necessary to provide adequate information to consumers.''.
(d) Treatment of Medical Debt.--The Fair Debt Collection Practices
Act (15 U.S.C. 1692a et seq.) is amended by adding at the end the
following new section:
``SEC. 820. TREATMENT OF MEDICAL DEBT.
``(a) In General.--Sections 806, 807 (other than paragraph (11)),
808, 811, and 813, shall apply to the collection of a medical debt,
whether or not the debt is being collected directly by the creditor or
on behalf of the creditor by a third party, and regardless of whether
such debt is current or past due.
``(b) Availability of Information.--Any person attempting to
collect a medical debt shall--
``(1) in the initial written communication to the
consumer--
``(A) prominently disclose the availability of any
charity care coverage (or the equivalent thereof),
financial assistance, discounts based on income
eligibility, or public or private insurance coverage
that may assist in the payment of all or part of the
debt; and
``(B) provide the consumer with information
regarding how to apply for such programs; and
``(2) in the initial oral communication to the consumer--
``(A) orally disclose the availability of any
charity care coverage (or the equivalent thereof),
financial assistance, discounts based on income
eligibility, or public or private insurance coverage
that may assist in the payment of all or part of the
debt; and
``(B) provide the consumer with information
regarding how to apply for such programs.
``(c) Definition.--For purposes of this section, the term `medical
debt' means debt arising from the receipt of medical services,
products, or devices.''.
SEC. 4. DISPUTE INVESTIGATIONS AND VERIFICATION.
Section 809(b) of the Fair Debt Collection Practices Act (15 U.S.C.
1692g(b)) is amended--
(1) by inserting after ``(b)'' the following: ``Disputed
Debts.--
``(1) In general.--''; and
(2) by striking ``Collection activities'' and inserting the
following:
``(2) Reasonable investigation and verification required.--
Upon receipt of a notification under paragraph (1) that a debt
is disputed by the consumer, the debt collector shall undertake
a thorough investigation of the substance of the dispute, and
shall timely provide to the consumer specific responsive
information and verification of the disputed debt.
``(3) Collection activities.--Collection activities''.
SEC. 5. AWARD OF DAMAGES.
(a) Additional Damages Indexed for Inflation.--
(1) In general.--Section 813 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692k) is amended by adding at the end
the following:
``(f) Adjustment for Inflation.--
``(1) Initial adjustment.--Not later than 90 days after the
date of the enactment of this subsection, the Bureau shall
provide a percentage increase (rounded to the nearest multiple
of $100 or $1,000, as applicable) in the amounts set forth in
such section equal to the percentage by which--
``(A) the Consumer Price Index for All Urban
Consumers (all items, United States city average) for
the 12-month period ending on the June 30 preceding the
date on which the percentage increase is provided,
exceeds
``(B) the Consumer Price Index for the 12-month
period preceding January 1, 1978.
``(2) Annual adjustments.--With respect to any fiscal year
beginning after the date of the increase provided under
paragraph (1), the Bureau shall provide a percentage increase
(rounded to the nearest multiple of $100 or $1,000, as
applicable) in the amounts set forth in this section equal to
the percentage by which--
``(A) the Consumer Price Index for All Urban
Consumers (all items, United States city average) for
the 12-month period ending on the June 30 preceding the
beginning of the fiscal year for which the increase is
made, exceeds
``(B) the Consumer Price Index for the 12-month
period preceding the 12-month period described in
subparagraph (A).''.
(2) Applicability.--The increases made under section 813(f)
of the Fair Debt Collection Practices Act, as added by
paragraph (1) of this subsection, shall apply with respect to
failures to comply with a provision of such Act (15 U.S.C. 1601
et seq.) occurring on or after the date of enactment of this
Act.
(b) Injunctive Relief.--Section 813(d) of the Fair Debt Collection
Practices Act (15 U.S.C. 1692k(d)) is amended by adding at the end the
following: ``In a civil action alleging a violation of this title, the
court may award appropriate relief, including injunctive relief.''.
SEC. 6. WARRANT FOR ARREST AS UNFAIR DEBT COLLECTION PRACTICE.
(a) In General.--Section 808 of the Fair Debt Collection Practices
Act (15 U.S.C. 1692f) is amended by adding at the end the following:
``(11) A request by a debt collector to a court or any law
enforcement agency for the issuance of a warrant for the arrest
of a debtor or any other similar request that a debt collector
knows or should know would lead to the issuance of an arrest
warrant, in relation to collection of a debt.''.
(b) Construction.--Paragraph (11) of section 808 of the Fair Debt
Collection Practices Act, as added by subsection (a), shall not be
construed to limit the inherent authority of a court to hold a debtor
in civil contempt, nor to limit the ability of a debt collector to seek
a writ of execution or similar remedy to take possession of property in
order to satisfy a valid judgment of debt. | End Debt Collector Abuse Act of 2012 - Amends the Fair Debt Collection Practices Act to require a debt collector, in the absence of such information in an initial communication or payment of the debt, to include in a written notice to the consumer specified information regarding: (1) the last payment to the creditor on the debt; (2) the name and address of the last person to extend credit with respect to the debt; (3) an itemization of the principal, fees, and interest composing the debt; (4) a description of consumer rights to cause debt collector communication to cease and collection efforts to stop; and (5) the name and contact information of the person responsible for handling complaints on the debt collector's behalf.
Prohibits communication with a consumer in connection with the collection of any debt in a hospital emergency department, labor and delivery department, or any department where critical care medical services are provided, such as the intensive care unit. Permits a health care provider, however, to: (1) provide a consumer with information about a debt upon the consumer's direct request, and (2) discuss a debt at the time the consumer is discharged.
Makes it an unfair medical debt collection practices to: (1) withhold emergency medical services or threaten to withhold them, (2) delay such services, or (3) give the impression that such services will be withheld until a debt is paid. Applies to the collection of a medical debt the prohibition of certain practices, including harassment or abuse, false or misleading representations, and enumerated unfair practices, as well as certain requirements for legal actions by debt collectors.
Requires any person attempting to collect a medical debt to inform the consumer how to apply for: (1) charity care coverage, (2) financial assistance, (3) discounts based on income eligibility, or (4) public or private insurance coverage that may assist in the payment of all or part of the debt.
Revises procedures governing disputed debts to require a debt collector, upon notification that a debt is disputed by the consumer, to undertake a thorough investigation of the substance of the dispute and timely provide specific responsive information and verification of the disputed debt.
Requires the Consumer Financial Protection Bureau (CFPB) to provide inflation adjustments to damages awarded in cases of noncompliance with fair debt collection practices under the Act.
Allows a court, in a civil action alleging violations of fair debt collection practices, to award appropriate relief, including injunctive relief.
Deems as an unfair practice a request by a debt collector to a court or law enforcement agency for the issuance of a warrant for the arrest of a debtor or any other similar request that a debt collector knows or should know would lead to the issuance of an arrest warrant, in relation to collection of a debt. | {"src": "billsum_train", "title": "A bill to make improvements to the Fair Debt Collection Practices Act, and for other purposes."} | 2,175 | 602 | 0.639049 | 2.106932 | 0.712239 | 4.665455 | 3.58 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HERO Improvements Act of 2017''.
SEC. 2. HERO ACT IMPROVEMENTS.
(a) In General.--Section 890A of the Homeland Security Act of 2002
(6 U.S.C. 473) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``Homeland
Security Investigations,'' after ``Enforcement,''; and
(B) by amending paragraph (2) to read as follows:
``(2) Purpose.--The Center shall provide investigative
assistance, training, and equipment to support domestic and
international investigations of cyber-related crimes by the
Department.''; and
(2) in subsection (b)--
(A) in paragraph (2)(C), by inserting after
``personnel'' the following: ``, which shall include
participating in training for Homeland Security
Investigations personnel conducted by Internet Crimes
Against Children Task Forces''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting ``in
child exploitation investigations'' after
``Enforcement'';
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by inserting ``in child
exploitation investigations'' after
``Enforcement''; and
(II) in clause (i), by inserting
``child'' before ``victims'';
(iii) in subparagraph (C), by inserting
``child exploitation'' after ``number of''; and
(iv) in subparagraph (D), by inserting
``child exploitation'' after ``number of''; and
(3) in subsection (c)(2)--
(A) in subparagraph (A), in the matter preceding
clause (i), by inserting ``and administer the Digital
Forensics and Document and Media Exploitation (DF/
DOMEX) program'' after ``forensics'';
(B) in subparagraph (C), by inserting ``and
emerging technologies'' after ``forensics''; and
(C) in subparagraph (D), by striking ``and the
National Association to Protect Children'' and
inserting ``, the National Association to Protect
Children, and other governmental entities''.
(b) HERO Child-Rescue Corps.--Section 890A of the Homeland Security
Act of 2002 (6 U.S.C. 473) is amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following:
``(e) HERO Child-Rescue Corps.--
``(1) Establishment.--
``(A) In general.--There is established within the
Center a Human Exploitation Rescue Operation Child-
Rescue Corps Program (referred to in this subsection as
the `HERO Child-Rescue Corps Program'), which shall be
a Department-wide program, operated in partnership with
the Department of Defense and the National Association
to Protect Children.
``(B) Training requirement.--As part of the HERO
Child-Rescue Corps Program, the National Association to
Protect Children shall provide logistical support for
program participants.
``(2) Purpose.--The purpose of the HERO Child-Rescue Corps
Program shall be to recruit, train, equip, and employ wounded,
ill, and injured veterans and transitioning members of the
military within the Department or other participating agencies,
in employment positions to assist in combating and preventing
child exploitation, including investigative, intelligence,
analyst, inspection, and forensic positions or any other
positions determined appropriate by the employing agency.
``(3) Functions.--The HERO Child-Rescue Program shall--
``(A) provide, recruit, train, and equip
participants of the Program in the areas of digital
forensics, investigation, analysis, intelligence, and
victim identification, as determined by the Center and
the needs of the Department; and
``(B) ensure that during the 1-year period
beginning on the date of enactment of this subsection,
participants of the Program are assigned to investigate
and analyze--
``(i) child exploitation;
``(ii) child pornography;
``(iii) unidentified child victims;
``(iv) human trafficking;
``(v) traveling child sex offenders; and
``(vi) forced child labor, including the
sexual exploitation of minors.
``(4) Paid internship and hiring program.--
``(A) In general.--Subject to the availability of
appropriations for such purpose, the Secretary may use
funds available for Operations and support to establish
a paid internship and hiring program for the purpose of
placing participants of the HERO Child-Rescue Corps
Program into paid internship positions, with the intent
of subsequent appointment of the participants to
permanent positions, as described in subparagraph (C).
``(B) Internship positions.--Under the paid
internship and hiring program required to be
established under subparagraph (A), the Secretary may
appoint not more than 72 individuals to internship
positions in the Center per year--
``(i) which shall be in addition to any
internship or staffing positions within United
States Immigration and Customs Enforcement in
existence on the date enactment of this
subsection; and
``(ii) who shall be assigned or detailed by
the Center in accordance with subparagraph (C).
``(C) Placement.--
``(i) In general.--An individual who is
appointed to an internship position under this
paragraph shall be assigned or detailed to a
position in an agency that--
``(I) has expressed the need to
fill a vacancy;
``(II) anticipates making an
appointment to a full-time position
upon completion of the internship; and
``(III) accepts the training
parameters as determined by the Center
to be the standard of the Department
for the HERO Child-Rescue Corps
Program.
``(ii) Preference.--The Secretary shall
give a preference to Homeland Security
Investigations in assignments or details under
clause (i).
``(D) Term of internship.--An appointment to an
internship position under this paragraph shall be for a
term not to exceed 12 months.
``(E) Rate and term of pay.--After completion of
initial group training and upon beginning work at an
assigned office, an individual appointed to an
internship position under this paragraph who is not
receiving monthly basic pay as a member of the Armed
Forces on active duty shall receive compensation at a
rate that is--
``(i) not less than the minimum rate of
basic pay payable for a position at level GS-5
of the General Schedule; and
``(ii) not more than the maximum rate of
basic pay payable for a position at level GS-7
of the General Schedule.
``(F) Eligibility.--In establishing the paid
internship and hiring program required under
subparagraph (A), the Secretary shall ensure that the
eligibility requirements for participation in the
internship program are the same as the eligibility
requirements for participation in the HERO Child-Rescue
Corps Program.
``(f) HERO Corps Hiring.--Subject to the availability of
appropriations for such purpose, there are authorized to be established
within Homeland Security Investigations the following number of
positions, which shall be in addition to any positions in existence on
the date of enactment of this subsection, for the hiring and permanent
employment of graduates of the paid internship and hiring program
required to be established under subsection (e)(4):
``(1) 36 positions in fiscal year 2017.
``(2) 72 positions in fiscal year 2018.
``(3) 108 positions in fiscal year 2019.
``(4) 144 positions in fiscal year 2020.
``(5) 180 positions in fiscal year 2021.''.
(c) Technical and Conforming Amendment.--Section 302 of the HERO
Act of 2015 (Public Law 114-22; 129 Stat. 255) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c). | HERO Improvements Act of 2017 This bill amends the Homeland Security Act of 2002 to provide statutory authority for the Human Exploitation Rescue Operation (HERO) Child-Rescue Corps Program within the Cyber Crimes Center of U.S. Immigration and Customs Enforcement. The HERO Child-Rescue Corps Program, operated in partnership with the Department of Defense and the National Association to Protect Children, must recruit, train, equip, and employ wounded, ill, and injured veterans and other members of the military to combat and prevent child exploitation. | {"src": "billsum_train", "title": "HERO Improvements Act of 2017"} | 1,848 | 120 | 0.573625 | 1.297728 | 0.574151 | 4.397959 | 17.173469 | 0.908163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Trust Fund Certainty Act''.
SEC. 2. INCREASE IN FUELS TAXES.
(a) Motor Fuels.--
(1) Repeal of termination.--Section 4081(d) of the Internal
Revenue Code of 1986 is amended by striking paragraph (1) and
redesignating paragraphs (2) and (3) as paragraphs (1) and (2),
respectively.
(2) Inflation adjustment.--Section 4081(a)(2) of such Code
is amended--
(A) in subparagraph (A)(i) by striking ``18.3 cents
per gallon'' and inserting ``28.4 cents per gallon'',
(B) in subparagraph (A)(iii) by striking ``24.3
cents per gallon'' and inserting ``34.4 cents per
gallon'',
(C) in subparagraph (D) by striking ``substituting
`19.7 cents' for `24.3 cents''' and inserting
``substituting `27.9 cents' for `34.4 cents''', and
(D) by adding at the end the following:
``(E) Adjustment for inflation.--In the case of a
calendar year beginning after December 31, 2015, the
rates of tax in subparagraph (A) (i) and (iii) and
subparagraph (D) shall each be increased by an amount
equal to--
``(i) such rate, multiplied by
``(ii) the cost of living adjustment
determined under section 1(f)(3) for the
calendar year, determined by substituting
`calendar year 2014' for `calendar year 1992'
in subparagraph (B) thereof.
Any increase under the preceding sentence shall be
rounded to the nearest 0.1 cents.''.
(b) Special Fuels.--
(1) Increase and extension.--Section 4041 of such Code is
amended--
(A) in subsection (a)(1)(C)(iii)(I) by striking
``7.3 cents per gallon (4.3 cents per gallon after
September 30, 2016)'' and inserting ``17.4 cents per
gallon'',
(B) in subsection (a)(2)(B)(ii) by striking ``24.3
cents per gallon'' and inserting ``34.4 cents per
gallon'', and
(C) in subsection (a)(3)(A) by striking ``18.3
cents'' and inserting ``28.4 cents''.
(2) Adjustment for inflation.--Section 4041(a) of such Code
is amended by adding at the end the following:
``(4) Adjustment for inflation.--In the case of a calendar
year beginning after December 31, 2015, the rates of tax in
paragraphs (1)(C)(iii)(I), (2)(B)(ii), and (3)(A) shall each be
increased by an amount equal to--
``(A) such rate, multiplied by
``(B) the cost of living adjustment determined
under section 1(f)(3) for the calendar year, determined
by substituting `calendar year 2014' for `calendar year
1992' in subparagraph (B) thereof.
Any increase under the preceding sentence shall be rounded to
the nearest 0.1 cents.''.
(3) Certain alcohol fuels.--
(A) Permanent extension.--Section 4041(m)(1) of
such Code is amended--
(i) in subparagraph (A) by striking ``, and
before October 1, 2016'',
(ii) in subparagraph (A)(i) by striking
``9.15 cents per gallon'' and inserting ``19.25
cents per gallon'',
(iii) in subparagraph (A)(ii) by striking
``11.3 cents per gallon'' and inserting ``21.4
cents per gallon'',
(iv) by striking subparagraph (B), and
(v) by redesignating clauses (i) and (ii)
of subparagraph (A) (as amended by clauses (ii)
and (iii)) as subparagraphs (A) and (B),
respectively, and moving such subparagraphs (as
so redesignated) 2 ems to the left.
(B) Adjustment for inflation.--Section 4041(m) of
such Code is amended by adding at the end the
following:
``(3) Adjustment for inflation.--In the case of a calendar
year beginning after December 31, 2015, the rates of tax in
paragraph (1) (A) and (B) shall each be increased by an amount
equal to--
``(A) such rate, multiplied by
``(B) the cost of living adjustment determined
under section 1(f)(3) for the calendar year, determined
by substituting `calendar year 2014' for `calendar year
1992' in subparagraph (B) thereof.
Any increase under the preceding sentence shall be rounded to
the nearest 0.1 cents.''.
(4) Fuel used in certain buses.--
(A) Permanent extension.--Section 6427(b)(2)(A) of
such Code is amended by striking ``7.4 cents'' and
inserting ``17.5 cents''.
(B) Adjustment for inflation.--Section 6427(b) of
such Code is amended by adding at the end the
following:
``(5) Adjustment for inflation.--In the case of calendar
years beginning January 1, 2016--
``(A) the rate of tax in paragraph (2)(A) shall be
increased by 10.1 cents, and
``(B) such rate (as increased by subparagraph (A))
shall be increased by an amount equal to such rate (as
so increased) multiplied by the cost of living
adjustment determined under section 1(f)(3) for the
calendar year, determined by substituting `calendar
year 2014' for `calendar year 1992' in subparagraph (B)
thereof, and rounded to the nearest 0.1 cents.''.
(c) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 2015.
(d) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of any highway motor
fuel which is held on January 1, 2016, by any person, there is
hereby imposed a floor stocks tax equal to the excess of--
(A) the tax which would be imposed on such fuel had
the amendments made by this section applied to highway
motor fuels for periods before January 1, 2016, over
(B) the tax (if any) previously paid (and not
credited or refunded) on such fuel.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--The person holding the
highway motor fuel on January 1, 2016, to which the tax
imposed by paragraph (1) applies shall be liable for
such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid at such time and in such
manner as the Secretary of the Treasury (or the
Secretary's delegate) shall prescribe.
(3) Definitions.--For purposes of this subsection--
(A) Highway motor fuel.--The term ``highway motor
fuel'' means any fuel the tax rate of which is
increased by an amendment made by this section.
(B) Held by a person.--A highway motor fuel shall
be considered as held by a person if title thereto has
passed to such person (whether or not delivery to the
person has been made).
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or the Secretary's delegate.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to any highway motor fuel held by
any person exclusively for any use to the extent a credit or
refund of the tax is allowable for such use.
(5) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on any highway motor fuel held on January
1, 2016, by any person if the aggregate amount of such
highway motor fuel held by such person on such date
does not exceed 2,000 gallons. The preceding sentence
shall apply only if such person submits to the
Secretary (at the time and in the manner required by
the Secretary) such information as the Secretary shall
require for purposes of this subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (A),
there shall not be taken into account any highway motor
fuel held by any person which is exempt from the tax
imposed by paragraph (1) by reason of paragraph (4).
(C) Controlled groups.--For purposes of this
subsection--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group shall be
treated as 1 person.
(II) Controlled group.--The term
``controlled group'' has the meaning
given to such term by subsection (a) of
section 1563 of such Code; except that
for such purposes the phrase ``more
than 50 percent'' shall be substituted
for the phrase ``at least 80 percent''
each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of subparagraph (A) shall apply to a group of
persons under common control if 1 or more of
such persons is not a corporation.
(6) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by sections 4041 and 4081 of such Code shall, insofar
as applicable and not inconsistent with the provisions of this
subsection, apply with respect to the floor stock taxes imposed
by paragraph (1) to the same extent as if such taxes were
imposed by such sections.
SEC. 3. WORKING CITIZENS TAX RELIEF.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 36 the following new section:
``SEC. 36A. WORKING CITIZENS CREDIT.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle for the calendar years beginning after December 31, 2015, an
amount equal to the lesser of--
``(1) 3.1 percent of earned income of the taxpayer, or
``(2) $133 ($266 in the case of a joint return).
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount allowable as a credit under
subsection (a) (determined without regard to this paragraph and
subsection (c)) for the taxable year shall be reduced (but not
below zero) by one percent of so much of the taxpayer's
modified adjusted gross income as exceeds $74,950 ($149,900 in
the case of a joint return).
``(2) Modified adjusted gross income.--For purposes of
subparagraph (A), 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.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible individual.--
``(A) In general.--The term `eligible individual'
means any individual other than--
``(i) any nonresident alien individual,
``(ii) any individual with respect to whom
a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning
in the calendar year in which the individual's
taxable year begins, and
``(iii) an estate or trust.
``(B) Identification number requirement.--Such term
shall not include any individual who does not include
on the return of tax for the taxable year--
``(i) such individual's social security
account number, and
``(ii) in the case of a joint return, the
social security account number of one of the
taxpayers on such return.
For purposes of the preceding sentence, the social
security account number shall not include a TIN issued
by the Internal Revenue Service.
``(2) Earned income.--The term `earned income' has the
meaning given such term by section 32(c)(2), except that such
term shall not include net earnings from self-employment which
are not taken into account in computing taxable income. For
purposes of the preceding sentence, any amount excluded from
gross income by reason of section 112 shall be treated as
earned income which is taken into account in computing taxable
income for the taxable year.''.
(b) Refunds Disregarded in the Administration of Federal Programs
and Federally Assisted Programs.--Any credit or refund allowed or made
to any individual by reason of section 36A of the Internal Revenue Code
of 1986 (as added by this section) or by reason of subsection (b) of
this section shall not be taken into account as income and shall not be
taken into account as resources for the month of receipt and the
following 2 months, for purposes of determining the eligibility of such
individual or any other individual for benefits or assistance, or the
amount or extent of benefits or assistance, under any Federal program
or under any State or local program financed in whole or in part with
Federal funds.
(c) Authority Relating to Clerical Errors.--Section 6213(g)(2) of
such Code is amended by striking ``and'' at the end of subparagraph
(M), by striking the period at the end of subparagraph (N) and
inserting ``, and'', and by adding at the end the following new
subparagraph:
``(O) an omission of the correct social security
account number required under section 36A(c)(1)(B).''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 4. REPAYABLE ADVANCES TO HIGHWAY TRUST FUND.
(a) Repayable Advances.--Section 9503(f) of the Internal Revenue
Code of 1986 is amended by redesignating paragraph (7) as paragraph (8)
and by inserting after paragraph (6) the following new paragraph:
``(7) 2015 shortfall advance.--Out of money in the Treasury
not otherwise appropriated, there is hereby appropriated--
``(A) $8,000,000,000 to the Highway Account (as
defined in subsection (e)(5)(B)) in the Highway Trust
Fund; and
``(B) $3,000,000,000 to the Mass Transit Account in
the Highway Trust Fund.''.
(b) Repayment of Advances.--Section 9503(c) of such Code is amended
by adding at the end the following:
``(6) Transfers from highway trust fund for certain
repayments of certain advances.--
``(A) In general.--The Secretary shall pay from
time to time from the Highway Trust Fund into the
general fund of the Treasury amounts equivalent to
amounts transferred to the Highway Trust Fund that are
attributable to the operation of sections 4041(a)(4),
4041(m)(3), and 4081(a)(2)(E).
``(B) Limitation.--No amount shall be transferred
under this paragraph after the aggregate amount
transferred under subparagraph (A) equals
$11,000,000,000.
``(C) Transfers based on estimates.--Transfers
under subparagraph (A) shall be made on the basis of
estimates by the Secretary, and proper adjustments
shall be made in amounts subsequently transferred to
the extent prior estimates were in excess or less than
the amounts required to be transferred.
``(D) Transfers made proportionally.--Transfers
under subparagraph (A) shall be borne by the Highway
Account and the Mass Transit Account in proportion to
the respective revenues transferred under subsection
(f)(7) to the Highway Account and the Mass Transit
Account.''.
(c) Effective Date.--The amendments made by this section shall take
effect on August 1, 2015. | Highway Trust Fund Certainty Act This bill amends the Internal Revenue Code to: (1) increase the current excise tax rates on gasoline and diesel fuel or kerosene and special fuels and to repeal the reversion of increased fuel tax rates to 4.3 cents per gallon after September 30, 2016, (2) make permanent the excise tax on certain alcohol fuels and fuels used in certain buses, (3) allow U.S. citizens a new tax credit after 2015 for the lesser of 3.1% of earned income or $133, and (4) allow additional appropriations to the Highway and Mass Transit Accounts of the Highway Trust Fund and provide for repayments from such Fund to the general fund of the Treasury for amounts advanced to such Fund. | {"src": "billsum_train", "title": "Highway Trust Fund Certainty Act"} | 3,691 | 157 | 0.457089 | 1.172373 | 0.661191 | 1.956835 | 22.870504 | 0.848921 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Drivers Act of 2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hand-held personal wireless devices are not only
instrumentalities and channels of interstate commerce, but
products of interstate commerce;
(2) for those reasons, regulation of the use of hand-held
mobile telephones and personal wireless devices is covered by
the power of Congress to regulate interstate commerce as
enumerated in article I, section 8 of the Constitution;
(3) additionally, the Supreme Court held in South Dakota v.
Dole, 483 U.S. 203 (June 23, 1987), that Congress may condition
Federal highway funding on State compliance with certain
conditions;
(4) according to a National Highway Traffic Safety
Administration (NHTSA) driver distraction may be grouped into
manual, visual, and cognitive distractions;
(5) according to Cisco Systems Inc., North American mobile
broadband traffic will grow fifty times between 2009-2014;
(6) and according to CTIA, the main factors driving the
rise in the use of mobile traffic include the increasing
availability and capabilities of smartphones, and new form
factors (such as tablets), for consumers;
(7) as of the date of enactment of this Act, only 8 States
and the District of Columbia ban mobile device use for all
drivers;
(8) the Secretary of Transportation, Ray LaHood, has
recognized the significance of increased driver distraction as
a result of wireless devices by launching an aggressive
educational campaign, issuing Department regulations, and
consecutive ``Distracted Driving Summits'' with affected
industries;
(9) it is necessary, therefore, for Congress to act to
protect the safety of all people in the United States on
highways, roads, and railways in the United States; and
(10) Federal legislation to address the problem of
distracted driving is necessary to ensure that national minimum
standards of protection exist uniformly.
SEC. 3. REPORT ON DISTRACT DRIVING.
(a) In General.--The Secretary of Transportation shall conduct a
comprehensive study on distracted driving, including cognitive
distraction when driving. The study should also include driver
distraction impacts on young, inexperienced drivers and build upon past
reports and findings that the Department has conducted.
(b) Report Findings.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit a report regarding
the findings of the study under subsection (a) to the appropriate
committees of Congress, including any recommendations to revise the
requirement for minimum penalties under section 167(b)(2) of title 23,
United States Code.
SEC. 4. OPERATION OF MOTOR VEHICLES WHILE USING A HAND-HELD MOBILE
DEVICE.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``SEC. 167. OPERATION OF MOTOR VEHICLES USING A HAND-HELD MOBILE
DEVICE.
``(a) Definitions.--In this section the following definitions
apply:
``(1) Hand-held mobile device.--
``(A) In general.--The term `hand-held mobile
device' means a mobile telephone or other personal
wireless communication device that is meant for use
with at least 1 hand.
``(B) Exclusions.--The term `hand-held mobile
device' does not include--
``(i) a voice-operated, vehicle-integrated,
or any device that requires the use of either
hand to activate or deactivate a feature or
function, or use in a hands-free manner; or
``(ii) a global positioning system, not
integrated in a motor vehicle, that is voice-
activated or used to view directions, except
that if the system requires instructions to be
inputted manually by hand, the motor vehicle
must not be moving or idling.
``(2) Motor vehicle.--The term `motor vehicle' means--
``(A) a vehicle driven or drawn by mechanical power
and manufactured primarily for use on public highways;
and
``(B) a railcar or other component of a fixed
guideway system that is not subject to regulation by
the Federal Railroad Administration.
``(b) Requirements and Withholding of Apportionments for
Noncompliance.--
``(1) In general.--On October 1 of the second fiscal year
beginning after the date of promulgation of the regulations
under subsection (d), and annually thereafter, the Secretary
shall withhold 25 percent of the amount required to be
apportioned to any State under each of paragraphs (1), (3), and
(4) of section 104(b) for the fiscal year if the Secretary
determines that the State does not meet the requirement under
paragraph (2) of this subsection as of that date.
``(2) Requirement.--A State shall meet the requirement
under this paragraph if the State has enacted and is enforcing
a law that--
``(A) except in the event of an emergency,
prohibits an operator, on a public road, of a moving or
idling motor vehicle from using a hand-held mobile
device; and
``(B) requires, upon conviction of a violation of
such State law, the imposition of penalties in
accordance with the requirements for minimum penalties
described in the regulations issued under subsection
(d).
``(c) Recovery of Funds Withheld.--All funds withheld under this
section from apportionment to a State for 1 or more fiscal years shall
be available for apportionment to the State immediately upon a
determination by the Secretary that the State meets the requirement
under paragraph (2).
``(d) Regulations.--Not later than 180 days after the date of
enactment of this section, the Secretary shall issue regulations to
carry out this section, including requirements for minimum penalties
for violations of the prohibition under subsection (b)(2) (A) and (B)
that--
``(1) specify a minimum penalty for a first offense; and
``(2) stipulate that penalties shall be graduated for
repeat offenses.''.
(b) Technical Amendment.--The analysis of chapter 1 of title such
title is amended by adding after section 166 the following:
``167. Operation of motor vehicles using a hand-held mobile device.''. | Safe Drivers Act of 2011 - Directs the Secretary of Transportation (DOT) to study distracted driving, including cognitive distraction when driving and driver distraction impacts on young, inexperienced drivers.
Requires the Secretary to withhold 25% of a state's apportionment of certain federal-aid highway program funds for the fiscal year if the state has not enacted or is not enforcing a law that: (1) prohibits, except in an emergency, an operator of a moving or idling motor vehicle on a public road from using a hand-held mobile device (other than a voice-activated, vehicle-integrated or similar device, or a global positioning system [GPS] which is not vehicle-integrated); and (2) requires, upon conviction of a violation of such prohibition, the imposition of certain minimum penalties. | {"src": "billsum_train", "title": "To enhance safety of individuals by banning the use of hand-held mobile devices while driving, and for other purposes."} | 1,411 | 189 | 0.482637 | 1.470576 | 0.808537 | 3.10828 | 8.254777 | 0.929936 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Integrity in Medicare Act
of 2013''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Recent studies by the Government Accountability Office
(GAO) examining self-referral practices in advanced diagnostic
imaging and anatomic pathology determined that financial
incentives were the most likely cause of increases in self-
referrals.
(2) For advanced diagnostic imaging, GAO stated that
``providers who self-referred made 400,000 more referrals for
advanced imaging services than they would have if they were not
self-referring'', at a cost of ``more than $100 million'' in
2010.
(3) For anatomic pathology, GAO found that ``self-referring
providers likely referred over 918,000 more anatomic pathology
services'' than they would have if they were not self-
referring, costing Medicare approximately $69 million more in
2010 than if self-referral was not permitted.
(4) Noting the rapid growth of services covered by the in-
office ancillary services (IOAS) exception and evidence that
these services are sometimes furnished inappropriately by
referring physicians, the Medicare Payment Advisory Commission
(MedPAC) stated that physician self-referral of ancillary
services creates incentives to increase volume under Medicare's
current fee-for-service payment systems and the rapid volume
growth contributes to Medicare's rising financial burden on
taxpayers and beneficiaries.
(5) According to the Centers for Medicare & Medicaid
Services, a key rationale for the IOAS exception was to permit
physicians to provide ancillary services in their offices to
better inform diagnosis and treatment decisions at the time of
the patient's initial office visit.
(6) It is necessary, therefore, to distinguish between
services and procedures that were intended to be covered by the
IOAS exception, such as routine clinical laboratory services or
simple x-rays that are provided during the patient's initial
office visit, and other health care services which were clearly
not envisioned to be covered by that exception because they
cannot be performed during the patient's initial office visit.
(7) According to a 2010 Health Affairs study, less than 10
percent of CT, MRI, and Nuclear Medicine scans take place on
the same day as the initial patient office visit.
(8) According to a 2012 Health Affairs study, urologists'
self-referrals for anatomic pathology services of biopsy
specimens is linked to increased use and volume billed along
with a lower detection of prostate cancer.
(9) According to an October 2011 Laboratory Economics
report, there has been an increase in the number of anatomic
pathology specimen units billed to the Medicare part B program
from 2006 through 2010, specifically for CPT Code 88305, and
the rate of increase billed by physician offices for this
service is accelerating at a far greater pace than the rest of
the provider segments.
(10) According to a 2013 American Academy of Dermatology
Pathology Billing paper, arrangements involving the split of
the technical and professional components of anatomic pathology
services among different providers may endanger patient safety
and undermine quality of care.
(11) In November 2012, Bloomberg News released an
investigative report that scrutinized ordeals faced by
California prostate cancer patients treated by a urology clinic
that owns radiation therapy equipment. The report found that
physician self-referral resulted in a detrimental impact on
patient care and drove up health care costs in the Medicare
program. The Wall Street Journal, the Washington Post, and the
Baltimore Sun have also published investigations showing that
urology groups owning radiation therapy machines have
utilization rates that rise quickly and are well above national
norms for radiation therapy treatment of prostate cancer.
(12) According to a 2010 MedPAC report, only 3 percent of
outpatient physical therapy services were provided on the same
day as an office visit, only 9 percent within 7 days of an
office visit, and only 14 percent within 14 days of an office
visit. These services are not integral to the physician's
initial diagnosis and do not improve patient convenience
because patients must return for physical therapy treatments.
(13) Those services intended to be covered under the IOAS
exception are not affected by this legislation.
(14) The exception to the ownership or investment
prohibition for rural providers in the ``Stark'' rule is not
affected by this legislation.
(b) Purposes.--The purposes of this Act are the following:
(1) Maintain the in-office ancillary services exception and
preserve its original intent by removing certain complex
services from the exception--specifically, advanced imaging,
anatomic pathology, radiation therapy, and physical therapy.
(2) Protect patients from misaligned provider financial
incentives.
(3) Protect Medicare resources by saving billions of
dollars.
(4) Accomplish the purposes described in paragraphs (1),
(2), and (3) in a manner that does not alter the existing
exception to the ownership or investment prohibition for rural
providers.
SEC. 3. LIMITATION ON APPLICATION OF PHYSICIANS' SERVICES AND IN-OFFICE
ANCILLARY SERVICES EXCEPTIONS.
(a) In General.--Section 1877(b) of the Social Security Act (42
U.S.C. 1395nn(b)) is amended--
(1) in paragraph (1), by inserting ``, other than specified
non-ancillary services,'' after ``section 1861(q))''; and
(2) in paragraph (2), by inserting ``, specified non-
ancillary services,'' after ``(excluding infusion pumps)''.
(b) Increase of Civil Money Penalties.--Section 1877(g) of the
Social Security Act (42 U.S.C. 1395nn(g)) is amended--
(1) in paragraph (3), by inserting ``, unless such bill or
claim included a bill or claim for a specified non-ancillary
service, in which case the civil money penalty shall be not
more than $25,000 for each such service'' before the period at
the end of the first sentence; and
(2) in paragraph (4), by inserting ``(or $150,000 if such
referrals are for specified non-ancillary services)'' after
``$100,000''.
(c) Enhanced Screening of Claims.--Section 1877(g) of the Social
Security Act (42 U.S.C. 1395nn(g)) is further amended by adding at the
end the following new paragraph:
``(7) Compliance review for specified non-ancillary
services.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this paragraph, the
Secretary, in consultation with the Inspector General
of the Department of Health and Human Services, shall
review compliance with subsection (a)(1) with respect
to referrals for specified non-ancillary services in
accordance with procedures established by the
Secretary.
``(B) Factors in compliance review.--Such
procedures--
``(i) shall, for purposes of targeting
types of entities that the Secretary determines
represent a high risk of noncompliance with
subsection (a)(1) with respect to such billing
for such specified non-ancillary services,
apply different levels of review based on such
type; and
``(ii) may include prepayment reviews,
claims audits, focused medical review, computer
algorithms designed to identify payment or
billing anomalies.''.
(d) Definition of Specified Non-Ancillary Services.--Section
1877(h) of the Social Security Act (42 U.S.C. 1395nn(h)) is amended by
adding at the end the following new paragraph:
``(8) Specified non-ancillary services.--The term
`specified non-ancillary service' means a service that the
Secretary has determined is not usually provided and completed
during an office visit to a physician's office in which the
service is determined to be necessary, and includes the
following:
``(A) Anatomic pathology services, as defined by
the Secretary and including the technical or
professional component of the following:
``(i) Surgical pathology.
``(ii) Cytopathology.
``(iii) Hematology.
``(iv) Blood banking.
``(v) Pathology consultation and clinical
laboratory interpretation services.
``(B) Radiation therapy services and supplies, as
defined by the Secretary.
``(C) Advanced diagnostic imaging studies (as
defined in section 1834(e)(1)(B)).
``(D) Physical therapy services (as described in
paragraph (6)(B)).''.
(e) Construction.--Nothing in this section (or the amendments made
by this section) shall be construed to affect the authority of the
Secretary of Health and Human Services to waive the requirements
imposed under the provisions of this section (or such amendments) under
section 1899 of the Social Security Act (42 U.S.C. 1395jjj).
(f) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to items and services furnished on or after the first day
of the first month beginning more than 12 months after the date of the
enactment of this Act.
SEC. 4. CLARIFICATION OF CERTAIN ENTITIES SUBJECT TO STARK RULE AND
ANTI-MARKUP RULE.
Section 1877(h) of the Social Security Act (42 U.S.C. 1395nn(h)) is
further amended by adding at the end the following new paragraph:
``(9) Clarification of certain entities subject to anti-
markup rule.--In applying this section, the term `entity' shall
include a physician's practice when it bills under this title
for the technical component or the professional component of a
specified non-ancillary service, including when such service is
billed in compliance with section 1842(n)(1).''.
SEC. 5. CLARIFICATION OF SUPERVISION OF TECHNICAL COMPONENT OF ANATOMIC
PATHOLOGY SERVICES.
Section 1861(s)(17) of the Social Security Act (42 U.S.C.
1395x(s)(17)) is amended--
(1) by striking ``and'' 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) with regard to the provision of the technical
component of anatomic pathology services, meets the applicable
supervision requirements for laboratories certified in the
subspecialty of histopathology, pursuant to section 353 of the
Public Health Services Act; and''.
SEC. 6. EXEMPTION FROM BUDGET NEUTRALITY UNDER PHYSICIAN FEE SCHEDULE.
Section 1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C.
1395w-4(c)(2)(B)(v)) is amended by adding at the end the following new
subclause:
``(VIII) Changes to limitations on
certain physician referrals.--Effective
for fee schedules established beginning
with 2014, reduced expenditures
attributable to the Promoting Integrity
in Medicare Act of 2013.''. | Promoting Integrity in Medicare Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to the general exceptions to both ownership and compensation arrangement prohibitions against physician self-referrals of Medicare patients to the entity with which a physician has a certain financial relationship. Removes from the in-office ancillary services (IOAS) exception to such prohibitions certain services the Secretary of Health and Human Services (HHS) determines are not usually provided and completed during the visit to a physician's office in which such a service is determined to be necessary (non-ancillary services). (Thus subjects such non-ancillary services to the prohibitions against physician self-referrals). Lists among specified non-ancillary services: (1) anatomic pathology services (including the technical or professional component of surgical pathology, cytopathology, hematology, blood banking, and pathology consultation and clinical laboratory interpretation services), (2) radiation therapy services and supplies, (3) advanced diagnostic imaging studies, and (4) physical therapy services. Increases from a maximum of $15,000 to a maximum of $25,000 the civil monetary penalty in the case of a bill or claim for such services whose presenter knows or should have known they are for a service for which payment may not be made. Increases from a maximum of $100,000 to a maximum of $150,000 the civil monetary penalty for any circumventive arrangement or scheme which a physician or other entity enters into knowing (or should know) has a principal purpose of assuring referrals by the physician to a particular entity which, if the physician directly made referrals to such entity, would be in violation of SSA title XVIII. Directs the Secretary to review compliance with the self-referral prohibitions with respect to referrals for specified non-ancillary services in accordance with procedures established by the Secretary. States that, in applying the self-referral prohibitions, the term "entity" includes a physician's practice when it bills under Medicare for the technical component or the professional component of a specified non-ancillary service. | {"src": "billsum_train", "title": "Promoting Integrity in Medicare Act of 2013"} | 2,539 | 482 | 0.648424 | 2.400613 | 0.652167 | 2.796954 | 5.586294 | 0.86802 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Lending Stimulus Act
of 2008''.
SEC. 2. ECONOMIC STIMULUS SMALL BUSINESS CONCERNS.
(a) Reduction of Fees.--
(1) Small business act loans.--
(A) In general.--For fiscal year 2008, and to the
extent the cost of such reduction in fees is offset by
appropriations, with respect to each loan guaranteed
under section 7(a) of Small Business Act (15 U.S.C.
636(a)), the Administrator shall--
(i) in lieu of the fee otherwise applicable
under section 7(a)(23)(A) of the Small Business
Act (15 U.S.C. 636(a)(23)(A)), collect an
annual fee in an amount equal to a maximum of
.25 percent of the outstanding balance of the
deferred participation share of that loan;
(ii) in lieu of the fee otherwise
applicable under section 7(a)(18)(A) of the
Small Business Act (15 U.S.C. 636(a)(18)(A)),
collect a guarantee fee in an amount equal to a
maximum of--
(I) 1 percent of the deferred
participation share of a total loan
amount that is not more than $150,000;
(II) 2.5 percent of the deferred
participation share of a total loan
amount that is more than $150,000 and
not more than $700,000; and
(III) 3 percent of the deferred
participation share of a total loan
amount that is more than $700,000; and
(iii) in lieu of the fee otherwise
applicable under section 7(a)(18)(A)(iv) of the
Small Business Act (15 U.S.C.
636(a)(18)(A)(iv)), collect no fee.
(B) Implementation.--In carrying out this
paragraph, the Administrator shall reduce the fees for
a loan guaranteed under section 7(a) of Small Business
Act (15 U.S.C. 636(a)) to the maximum extent possible,
subject to the availability of appropriations.
(2) Debentures.--For fiscal year 2008, and to the extent
the cost of such reduction in fees is offset by appropriations,
the Administrator shall, in lieu of the fee otherwise
applicable under section 503(d)(2) of the Small Business
Investment Act of 1958 (15 U.S.C. 697(d)(2)) for an institution
described in subclause (I), (II), or (III) of section
502(3)(B)(i) of that Act (15 U.S.C. 696(3)(B)(i)), collect no
fee.
(b) Application of Fee Reductions.--If funds are made available to
carry out subsection (a), the Administrator shall reduce the fees under
subsection (a) for any loan guarantee or project subject to such
subsection for which the application is pending approval on or after
the date of enactment of this Act, until the amount provided for such
purpose is expended.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator for fiscal year 2008--
(1) $150,000,000 to carry out subsection (a)(1);
(2) $45,000,000 to carry out subsection (a)(2);
(3) $2,000,000 for direct loans under the Microloan Program
under section 7(m) of the Small Business Act (15 U.S.C.
636(m)), in addition to any other amounts authorized to be
appropriated for such purposes; and
(4) $10,000,000 for marketing, management, and technical
assistance under section 7(m)(4) of the Small Business Act (15
U.S.C. 636(m)(4)) by intermediaries that make microloans under
the Microloan Program, in addition to any other amounts
authorized to be appropriated for such purposes.
(d) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively; and
(2) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632).
SEC. 3. REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM.
Section 502 of the Small Business Investment Act of 1958 (15 U.S.C.
696) is amended by adding at the end the following:
``(7) Permissible debt refinancing.--A financing under this
title may include refinancing of existing indebtedness, in an
amount not to exceed 50 percent of the projected cost of the
project financed under this title, if--
``(A) the project financed under this title
involves the expansion of a small business concern;
``(B) the existing indebtedness is collateralized
by fixed assets;
``(C) the existing indebtedness was incurred for
the benefit of the small business concern;
``(D) the proceeds of the existing indebtedness
were used to acquire land (including a building
situated thereon), to construct or expand a building
thereon, or to purchase equipment;
``(E) the borrower has been current on all payments
due on the existing indebtedness for not less than 1
year preceding the proposed date of refinancing;
``(F) the financing under this title will provide
better terms or a better rate of interest than exists
on the existing indebtedness on the proposed date of
refinancing;
``(G) the financing under this title is not being
used to refinance any debt guaranteed by the
Government; and
``(H) the financing under this title will be used
only for--
``(i) refinancing existing indebtedness; or
``(ii) costs relating to the project
financed under this title.''. | Small Business Lending Stimulus Act of 2008 - Directs the Administrator of the Small Business Administration (SBA) to reduce in 2008 the rate of certain loan fees imposed under the Small Business Act and debenture fees under the Small Business Investment Act of 1958.
Authorizes appropriations for FY2008: (1) to cover such rate reductions; and (2) for direct loans and assistance under the SBA Microloan Program.
Amends the Small Business Investment Act of 1958 to authorize the SBA to refinance certain existing debt of small businesses that received prior loans for plant acquisition, construction, conversion, or expansion. | {"src": "billsum_train", "title": "A bill to provide economic stimulus for small business concerns."} | 1,342 | 134 | 0.480638 | 1.317328 | 0.635714 | 2.300885 | 9.761062 | 0.814159 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Stock Ownership Plan
Promotion and Improvement Act of 2009''.
SEC. 2. 10 PERCENT PENALTY TAX NOT TO APPLY TO CERTAIN S CORPORATION
DISTRIBUTIONS MADE ON STOCK HELD BY EMPLOYEE STOCK
OWNERSHIP PLAN.
(a) In General.--Clause (vi) of section 72(t)(2)(A) of the Internal
Revenue Code of 1986 (relating to general rule that subsection not to
apply to certain distributions) is amended by inserting before the
comma at the end the following: ``or any distribution (as described in
section 1368(a)) with respect to S corporation stock that constitutes
qualifying employer securities (as defined by section 409(l)) to the
extent that such distributions are paid to a participant in the manner
described in clause (i) or (ii) of section 404(k)(2)(A)''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 3. ESOP DIVIDEND EXCEPTION TO ADJUSTMENTS BASED ON ADJUSTED
CURRENT EARNINGS.
(a) In General.--Section 56(g)(4)(C) of the Internal Revenue Code
of 1986 (relating to disallowance of items not deductible in computing
earnings and profits) is amended by adding at the end the following new
clause:
``(vii) Treatment of esop dividends.--
Clause (i) shall not apply to any deduction
allowable under section 404(k) if the deduction
is allowed for dividends paid on employer
securities held by an employee stock ownership
plan established or authorized to be
established before March 15, 1991.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1989.
(c) Waiver of Limitations.--If refund or credit of any overpayment
of tax resulting from the application of the amendment made by this
section is prevented at any time before the close of the 1-year period
beginning on the date of the enactment of this Act by the operation of
any law or rule of law (including res judicata), such refund or credit
may nevertheless be made or allowed if claim therefor is filed before
the close of such period.
SEC. 4. AMENDMENTS RELATED TO SECTION 1042.
(a) Deferral of Tax for Certain Sales to Employee Stock Ownership
Plan Sponsored by S Corporation.--
(1) In general.--Section 1042(c)(1)(A) of the Internal
Revenue Code of 1986 (defining qualified securities) is amended
by striking ``C''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to sales after the date of the enactment of this
Act.
(b) Reinvestment in Certain Mutual Funds Permitted.--
(1) In general.--Clause (ii) of section 1042(c)(4)(B) of
the Internal Revenue Code of 1986 (defining operating
corporation) is amended to read as follows:
``(ii) Financial institutions, insurance
companies, and mutual funds.--The term
`operating corporation' shall include--
``(I) any financial institution
described in section 581,
``(II) any insurance company
subject to tax under subchapter L, and
``(III) any regulated investment
company if substantially all of the
securities held by such company are
securities issued by operating
corporations (determined without regard
to this subclause).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to sales of qualified securities after the date of
the enactment of this Act.
(c) Modification to 25-percent Shareholder Rule.--
(1) In general.--Subparagraph (B) of section 409(n)(1) of
the Internal Revenue Code of 1986 (relating to securities
received in certain transactions) is amended to read as
follows:
``(B) for the benefit of any other person who owns
(after the application of section 318(a)) more than 25
percent of--
``(i) the total combined voting power of
all classes of stock of the corporation which
issued such employer securities or of any
corporation which is a member of the same
controlled group of corporations (within the
meaning of subsection (l)(4)) as such
corporation, or
``(ii) the total value of all classes of
stock of any such corporation.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act.
SEC. 5. SMALL BUSINESS AND EMPLOYEE STOCK OWNERSHIP.
(a) Findings.--Congress finds that--
(1) since 1974, the ownership of many small business
concerns (as defined under section 3 of the Small Business Act
(15 U.S.C. 632)) in the United States has transitioned from the
original owner, or owners, to an employee stock ownership plan
(referred to in this section as an ``ESOP''), as defined in
section 4975(e)(7) of the Internal Revenue Code of 1986;
(2) data collected on the performance of these small
business concerns owned 50 percent or more by an ESOP evidences
that more often than not these ESOP-owned small business
concerns provide significant benefit to the employees of the
small business concerns and the communities in which the small
business concerns are located;
(3) under the Small Business Act (15 U.S.C. 631 et seq.)
and the regulations promulgated by the Administrator of the
Small Business Administration, a business concern that
qualifies as a small business concern for the numerous
preferences of the Act, is denied treatment as a small business
concern once 50 percent or more of the business is acquired on
behalf of the employees by an ESOP; and
(4) a small business concern that was eligible under the
Small Business Act before being so acquired on behalf of the
employees by an ESOP, will no longer be treated as eligible,
even if the number of employees, the revenue of the small
business concern, and the racial, gender, or other criteria
used under the Act to determine whether the small business
concern is eligible for benefits under the Act remain the same,
solely because of the acquisition by the ESOP.
(b) Employee Stock Ownership Plans.--The Small Business Act (15
U.S.C. 631 et seq.) is amended--
(1) by redesignating section 44 as section 45; and
(2) by inserting after section 43 the following:
``SEC. 44. EMPLOYEE STOCK OWNERSHIP PLANS.
``(a) Definitions.--In this section--
``(1) the term `ESOP' means an employee stock ownership
plan, as defined in section 4975(e)(7) of the Internal Revenue
Code of 1986; and
``(2) the term `ESOP business concern' means a business
concern that was a small business concern eligible for a loan
or to participate in a contracting assistance or business
development program under this Act before the date on which 50
percent or more of the business concern was acquired by an
ESOP.
``(b) Continued Eligibility.--An ESOP business concern shall be
deemed a small business concern for purposes of a loan, preference, or
other program under this Act if--
``(1) on a continuing basis a majority of the shares of and
control of the ESOP that owns the business concern are held by
individuals who would otherwise meet criteria necessary to be
eligible for the loan, preference, or other program (as the
case may be);
``(2) control of the ESOP business concern is vested in the
shareholders of the ESOP; and
``(3) the ESOP that owns the business concern complies with
all requirements of a tax qualified deferred compensation
arrangement under the Internal Revenue Code of 1986.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1 of the first calendar year beginning after the date
of enactment of this Act. | Employee Stock Ownership Plan Promotion and Improvement Act of 2009 - Amends the Internal Revenue Code to: (1) exempt certain distributions, including dividends, by S corporations to an employee stock ownership plan (ESOP) from the penalty tax for premature employee benefit plan withdrawals; (2) exempt deductions for ESOP dividends from corporate alternative minimum tax adjustments based on adjusted earnings and profits; (3) allow deferral of the recognition of gain for certain sales to ESOPs sponsored by any domestic corporation, including S corporations; (4) allow reinvestment of ESOP stock proceeds eligible for nonrecognition of gain in certain mutual funds; and (5) modify certain ESOP stock ownership rules.
Amends the Small Business Act to allow a majority-owned ESOP business concern to continue to qualify for loans, preferences, and other programs under such Act. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to improve the operation of employee stock ownership plans, and for other purposes."} | 1,868 | 186 | 0.495242 | 1.376943 | 0.767691 | 2.101266 | 10.14557 | 0.835443 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carbon Capture Act''.
SEC. 2. EXTENSION OF ENHANCED CARBON DIOXIDE SEQUESTRATION CREDIT.
(a) In General.--Section 45Q of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 45Q. CREDIT FOR CARBON DIOXIDE SEQUESTRATION.
``(a) General Rule.--For purposes of section 38, the carbon dioxide
sequestration credit for any taxable year is an amount equal to the sum
of--
``(1) $20 per metric ton of qualified carbon dioxide which
is--
``(A) captured by the taxpayer using carbon capture
equipment which is originally placed in service at a
qualified facility before the date of the enactment of
the Carbon Capture Act, and
``(B) disposed of by the taxpayer in secure
geological storage and not used by the taxpayer as
described in paragraph (2)(B),
``(2) $10 per metric ton of qualified carbon dioxide which
is--
``(A) captured by the taxpayer using carbon capture
equipment which is originally placed in service at a
qualified facility before the date of the enactment of
the Carbon Capture Act, and
``(B)(i) used by the taxpayer as a tertiary
injectant in a qualified enhanced oil or natural gas
recovery project and disposed of by the taxpayer in
secure geological storage, or
``(ii) utilized by the taxpayer in a manner
described in subsection (e)(7),
``(3) the applicable dollar amount per metric ton of
qualified carbon dioxide which is--
``(A) captured by the taxpayer using carbon capture
equipment which is originally placed in service at a
qualified facility on or after the date of the
enactment of the Carbon Capture Act, during the 15-year
period beginning on the date the equipment was
originally placed in service, and
``(B) disposed of by the taxpayer in secure
geological storage and not used by the taxpayer as
described in paragraph (4)(B), and
``(4) the applicable dollar amount per metric ton of
qualified carbon dioxide which is--
``(A) captured by the taxpayer using carbon capture
equipment which is originally placed in service at a
qualified facility on or after the date of the
enactment of the Carbon Capture Act, during the 15-year
period beginning on the date the equipment was
originally placed in service, and
``(B)(i) used by the taxpayer as a tertiary
injectant in a qualified enhanced oil or natural gas
recovery project and disposed of by the taxpayer in
secure geological storage, or
``(ii) utilized by the taxpayer in a manner
described in subsection (e)(7).
A taxpayer that captures qualified carbon dioxide as provided under
paragraph (1), (2), (3) or (4) and that enters into contractual
arrangements with another person to ensure the disposal, use, or
utilization required under paragraph (1), (2), (3) or (4), as the case
may be, shall be treated as having disposed, captured, or used such
qualified carbon dioxide to the extent disposed, captured, or used by
such other persons pursuant to such contractual arrangements.
``(b) Applicable Dollar Amount; Additional Equipment; Election.--
``(1) Applicable dollar amount.--For purposes of subsection
(a)--
``(A) In general.--The applicable dollar amount
shall be an amount equal to--
``(i) for taxable years beginning after
2016 and before 2026, the dollar amount
established by linear interpolation between
$12.83 and $35 for each calendar year during
such period, and
``(ii) for taxable years beginning after
2025, an amount equal to the product of $35 and
the inflation adjustment factor for such
calendar year determined under section
43(b)(3)(B) for such calendar year, determined
by substituting `2024' for `1990'.
``(B) Rounding.--The applicable dollar amount
determined under subparagraph (A) shall be rounded to
the nearest cent.
``(2) Installation of additional carbon capture equipment
on existing qualified facility.--In the case of a qualified
facility placed in service before the date of the enactment of
the Carbon Capture Storage Act, for which additional carbon
capture equipment is placed in service on or after the date of
the enactment of such Act, the amount of qualified carbon
dioxide which is captured by the taxpayer shall be equal to--
``(A) for purposes of paragraphs (1)(A) and (2)(A)
of subsection (a), the lesser of--
``(i) the total amount of qualified carbon
dioxide captured at such facility for the
taxable year, or
``(ii) the total amount of the carbon
dioxide capture capacity of the carbon capture
equipment in service at such facility on the
day before the date of the enactment of the
Carbon Capture Act, and
``(B) for purposes of paragraphs (3)(A) and (4)(A)
of such subsection, an amount equal to the excess (if
any) of--
``(i) the amount described in subparagraph
(A)(i), over
``(ii) the amount described in subparagraph
(A)(ii).
``(3) Election.--For purposes of determining the carbon
dioxide sequestration credit under this section, a taxpayer may
elect to have the dollar amount applicable under paragraph (1)
or (2) of subsection (a) apply in lieu of the dollar amounts
applicable under paragraph (3) or (4) of such subsection for
each metric ton of qualified carbon dioxide which is captured
by the taxpayer using carbon capture equipment which is
originally placed in service at a qualified facility on or
after the date of the enactment of the Carbon Capture Act.
``(c) Qualified Carbon Dioxide.--For purposes of this section:
``(1) In general.--The term `qualified carbon dioxide'
means carbon dioxide or other carbon oxides captured--
``(A)(i) from an industrial source which would
otherwise be released into the atmosphere as industrial
emission of greenhouse gas, or would otherwise lead to
such release, or
``(ii) directly from the ambient air, and
``(B) is measured at the source of capture and
verified at the point of disposal, injection, or
utilization.
``(2) Recycled carbon dioxide.--The term `qualified carbon
dioxide' includes the initial deposit of captured carbon
dioxide used as a tertiary injectant. Such term does not
include carbon dioxide that is recaptured, recycled, and re-
injected as part of the enhanced oil and natural gas recovery
process.
``(d) Qualified Facility.--For purposes of this section, the term
`qualified facility' means any industrial facility or direct air
capture facility--
``(1) the construction of which begins before January 1,
2024, and--
``(A) the original planning and design for such
facility includes installation of carbon capture
equipment, or
``(B) the construction of carbon capture equipment
with respect to such facility begins before such date,
and
``(2) which captures--
``(A) in the case of a facility which emits not
more than 500,000 metric tons of carbon dioxide into
the atmosphere during the taxable year, not less than
25,000 metric tons of qualified carbon dioxide during
the taxable year which is utilized in a manner
described in subsection (e)(7), or
``(B) in the case of a facility not described in
subparagraph (A), not less than 100,000 metric tons of
qualified carbon dioxide during the taxable year.
``(e) Special Rules and Other Definitions.--For purposes of this
section--
``(1) Only carbon dioxide captured and secured or used
within the united states taken into account.--The credit under
this section shall apply only with respect to qualified carbon
dioxide the capture and disposal, use, or utilization of which
is within--
``(A) the United States (within the meaning of
section 638(1)), or
``(B) a possession of the United States (within the
meaning of section 638(2)).
``(2) Secure geological storage.--The Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, the Secretary of Energy, and the Secretary
of the Interior, shall establish regulations for determining
adequate security measures for the geological storage of
qualified carbon dioxide under subsection (a) such that the
qualified carbon dioxide does not escape into the atmosphere.
Such term shall include storage at deep saline formations, oil
and gas reservoirs, and unminable coal seams under such
conditions as the Secretary may determine under such
regulations.
``(3) Tertiary injectant.--The term `tertiary injectant'
has the same meaning as when used within section 193(b)(1).
``(4) Qualified enhanced oil or natural gas recovery
project.--The term `qualified enhanced oil or natural gas
recovery project' has the meaning given the term `qualified
enhanced oil recovery project' by section 43(c)(2), by
substituting `crude oil or natural gas' for `crude oil' in
subparagraph (A)(i) thereof.
``(5) Credit attributable to taxpayer.--
``(A) In general.--Except as provided subparagraph
(B) or in any regulations prescribed by the Secretary,
any credit under this section shall be attributable
to--
``(i) in the case of qualified carbon
dioxide captured using carbon capture equipment
which is originally placed in service at a
qualified facility before the date of the
enactment of the Carbon Capture Act, the person
that captures and physically or contractually
ensures the disposal, utilization, or use as a
tertiary injectant of such qualified carbon
dioxide, and
``(ii) in the case of qualified carbon
dioxide captured using carbon capture equipment
which is originally placed in service at a
qualified facility on or after the date of the
enactment of the Carbon Capture Act, or with
regard to which an election has been made under
subsection (f)(2), the person that owns the
carbon capture equipment and physically or
contractually ensures the capture and disposal,
utilization, or use as a tertiary injectant of
such qualified carbon dioxide.
``(B) Election.--If the person described in
subparagraph (A) makes an election under this
subparagraph at such time and in such manner as the
Secretary may prescribe by regulations, the credit
under this section--
``(i) shall be allowable to the person that
disposes of the qualified carbon dioxide,
utilizes the qualified carbon dioxide, or uses
the qualified carbon dioxide as a tertiary
injectant, and
``(ii) shall not be allowable to the person
described in subparagraph (A).
``(6) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any qualified carbon
dioxide which ceases to be captured, disposed of, or used as a
tertiary injectant in a manner consistent with the requirements
of this section.
``(7) Utilization of qualified carbon dioxide.--
``(A) In general.--For purposes of this section,
utilization of qualified carbon dioxide means--
``(i) the chemical conversion of such
qualified carbon dioxide to a material or
chemical compound in which such qualified
carbon dioxide is securely stored, or
``(ii) the use of such qualified carbon
dioxide for any other purpose for which a
commercial market exists (other than use as a
tertiary injectant in a qualified enhanced oil
or natural gas recovery project), as determined
by the Secretary.
``(B) Measurement.--For purposes of determining the
amount of qualified carbon dioxide utilized by the
taxpayer under paragraph (2)(B)(ii) or (4)(B)(ii) of
subsection (a), such amount shall be equal to the
metric tons of carbon dioxide which the taxpayer
demonstrates, based upon an analysis of lifecycle
greenhouse gas emissions and subject to such
requirements as the Secretary, in consultation with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency, determines
appropriate, were captured and prevented from escaping
into the atmosphere through use of a process described
in subparagraph (A).
``(8) Direct air capture facility.--For purposes of this
section, the term `direct air capture facility' means any
facility which uses carbon capture equipment to capture carbon
from the ambient air. Such a term does not include facilities
capturing carbon dioxide that is deliberately released from
naturally-occurring subsurface springs.
``(9) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2009, there shall be
substituted for the dollar amount contained in paragraphs (1)
and (2) of subsection (a) an amount equal to the product of--
``(A) such dollar amount, multiplied by
``(B) the inflation adjustment factor for such
calendar year determined under section 43(b)(3)(B) for
such calendar year, determined by substituting `2008'
for `1990'.
``(f) Application of Section for Certain Carbon Capture
Equipment.--
``(1) In general.--Except as provided in paragraph (2), in
the case of any carbon capture equipment placed in service
before the date of the enactment of the Carbon Capture Act, the
credit under this section shall apply with respect to qualified
carbon dioxide captured using such equipment before the end of
the calendar year in which the Secretary, in consultation with
the Administrator of the Environmental Protection Agency,
certifies that 75,000,000 metric tons of qualified carbon
dioxide have been taken into account in accordance with
paragraphs (1) and (2) of subsection (a) during the period
beginning after October 3, 2008.
``(2) Special rule for certain facilities not claiming
prior credit.--In the case of any qualified facility--
``(A) which captures not less than 100,000 metric
tons of carbon dioxide during the taxable year,
``(B) which is placed in service after December 31,
2015, and
``(C) with respect to which no credit has been
allowed under this section (as in effect on the day
before the date of the enactment of such Act) by any
person for any taxable year beginning prior to the date
of enactment of such Act,
the taxpayer may elect to treat such qualified facility as
placed in service on the date of enactment of such Act.
``(g) Regulations.--The Secretary may prescribe such regulations
and other guidance as may be necessary or appropriate to carry out this
section, including regulations or other guidance to--
``(1) ensure proper allocation under subsection (a) for
qualified carbon dioxide captured by a taxpayer during the
taxable year ending after the date of the enactment of the
Carbon Capture Act, and
``(2) determine whether a facility satisfies the
requirements under subsection (d)(1) during such taxable
year.''.
(b) Effective Date.--Except to the extent provided in section
45Q(f) of such Code, as amended by this Act, the amendments made by
this section shall apply to property placed in service on after the
date of the enactment of this Act. | Carbon Capture Act This bill amends the Internal Revenue Code to extend and modify the tax credit for carbon dioxide (CO2) sequestration. The bill modifies the credit to: allow certain new industrial or direct air capture facilities to qualify for the credit if construction begins before 2024; allow qualified projects to claim the credit for 15 years, beginning on the date the equipment was originally placed in service; increase the credit amounts for certain projects placed in service upon or after the enactment of this bill; expand the purposes for which captured CO2 may be used; modify the requirements for the amount of CO2 that must be captured; specify that the 75 million metric ton cap on the CO2 that may qualify for the credit applies only to projects placed in service before the enactment of this bill; allow the credit to be transferred from the entity that owns and uses the capture equipment to the entity that disposes of or uses the CO2; and allow certain facilities that were placed in service after 2015 and have not previously claimed the credit to be treated as placed in service on the date of the enactment of this bill. | {"src": "billsum_train", "title": "Carbon Capture Act"} | 3,368 | 236 | 0.567626 | 1.52098 | 0.77002 | 1.958904 | 14.388128 | 0.780822 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supply Our Soldiers Act of 2005''.
SEC. 2. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense, in consultation with the
United States Postal Service, shall provide for a program under which
postal benefits shall be provided to qualified individuals in
accordance with succeeding provisions of this Act.
(b) Qualified Individual.--For purposes of this Act, the term
``qualified individual'' means an individual who is--
(1) a member of the Armed Forces of the United States on
active duty (as defined in section 101 of title 10, United
States Code); and
(2)(A) serving in Iraq or Afghanistan; or
(B) hospitalized at a facility under the jurisdiction of
the Armed Forces of the United States as a result of a disease
or injury incurred as a result of service in Iraq or
Afghanistan.
(c) Postal Benefits Described.--
(1) In general.--The postal benefits provided under this
Act shall consist of such coupons or other similar evidence of
credit (whether in printed, electronic, or other format, and
hereinafter in this Act referred to as ``vouchers'') as the
Secretary of Defense (in consultation with the Postal Service)
shall determine, entitling the bearer or user to make qualified
mailings free of postage.
(2) Qualified mailing.--For purposes of this Act, the term
``qualified mailing'' means the mailing of any mail matter
which--
(A) is described in subparagraph (A), (B), (C), or
(D) of paragraph (3);
(B) is sent from within an area served by a United
States post office; and
(C) is addressed to a qualified individual.
(3) Mail matter described.--The mail matter described in
this paragraph is--
(A) any letter mail not exceeding 13 ounces in
weight and having the character of personal
correspondence;
(B) any sound- or video-recorded communications not
exceeding 15 pounds in weight and having the character
of personal correspondence;
(C) any ground parcel not exceeding 15 pounds in
weight; and
(D) any bound printed matter not exceeding 15
pounds in weight.
(4) Limitations.--
(A) Number.--An individual shall be eligible for 1
voucher for each month in which such individual is a
qualified individual.
(B) Use.--Any such voucher may not be used--
(i) for more than a single qualified
mailing; or
(ii) after the earlier of--
(I) the expiration date of such
voucher, as designated by the Secretary
of Defense; or
(II) the last day of the 1-year
period referred to in section 4.
(5) Coordination rule.--Postal benefits under this Act
shall be in addition to, and not in lieu of, any reduced rates
of postage or other similar benefits which might otherwise be
available by or under law, including any rates of postage
resulting from the application of section 3401(b) of title 39,
United States Code.
(d) Regulations.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense (in consultation with
the Postal Service) shall prescribe any regulations necessary to carry
out this Act, including--
(1) procedures by which vouchers will be provided or made
available (including measures to allow vouchers to reach, in a
timely manner, the persons selected by qualified individuals to
use the vouchers); and
(2) procedures to ensure that the number of vouchers
provided or made available with respect to any qualified
individual complies with subsection (c)(4)(A).
SEC. 3. FUNDING.
(a) In General.--There is authorized to be appropriated to the
Department of Defense a sum determined by the Department of Defense to
be equal to the expenses incurred by the Department in providing the
benefits described in section 2(c).
(b) Transfers to Postal Service.--
(1) Based on estimates.--The Department of Defense shall
transfer to the Postal Service, out of any amount so
appropriated and in advance of each calendar quarter during
which postal benefits under this Act may be used, an amount
equal to the amount of postal benefits that the Department of
Defense estimates will be used during such quarter, reduced or
increased (as the case may be) by any amounts by which the
Department finds that a determination under this Act for a
prior quarter was greater than or less than the amount finally
determined for such quarter.
(2) Based on final determination.--A final determination of
the amount necessary to correct any previous determination
under this section, and any transfer of amounts between the
Postal Service and the Department of Defense based on that
final determination, shall be made not later than 6 months
after the end of the 1-year period referred to in section 4.
(c) Consultation Required.--All estimates and determinations under
this section of the amount of postal benefits under this Act used in
any period shall be made by the Department of Defense in consultation
with the Postal Service.
SEC. 4. DURATION.
The postal benefits under this Act shall apply with respect to mail
matter sent during the 1-year period beginning on the date on which the
regulations under section 2(d) take effect.
Amend the title so as to read: ``A bill to provide for free
mailing privileges for personal correspondence and certain
other mail matter sent from within the United States to members
of the Armed Forces serving on active duty in Iraq or
Afghanistan.''. | Supply Our Soldiers Act of 2005 - Directs the Secretary of Defense to provide for a program under which postal benefits are provided to a member of the Armed Forces who is on active duty and who is either: (1) serving in Iraq or Afghanistan; or (2) hospitalized at a military medical facility as a result of such service. Provides the postal benefits in the form of coupons or other evidence of credit (vouchers) to use for postal-free mailings. Limits: (1) the weight of the mail and parcels authorized for the program; (2) a member to one voucher per month; and (3) the program duration to one year after the date of implementing regulations.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend title 39, United States Code, to provide for free mailing privileges for personal correspondence and parcels sent by family members from within the United States to members of the Armed Forces serving on active duty in Iraq or Afghanistan."} | 1,220 | 152 | 0.598059 | 1.617069 | 0.692225 | 2.535714 | 8.25 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Port Security Act of 2006''.
SEC. 2. PROHIBITION ON LEASES OF REAL PROPERTY AND FACILITIES AT UNITED
STATES PORTS BY FOREIGN GOVERNMENT-OWNED ENTITIES.
(a) In General.--Section 271(d) of the Defense Production Act of
1950 (50 U.S.C. App. 2170(d)) is amended--
(1) by striking ``Subject to subsection (d)'' and inserting
the following:
``(1) In general.--Subject to subsection (e)''; and
(2) by adding at the end the following new paragraph:
``(2) Prohibition on leases of real property and facilities
at united states ports by foreign government-owned entities.--
The President shall prohibit any merger, acquisition, or
takeover described in subsection (a)(1) that will result in any
entity that is owned or controlled by a foreign government
leasing, operating, managing, or owning real property or
facilities at a United States port.''.
(b) Report Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on the leasing, operating, managing, or
owning real property or facilities at United States ports by
entities that are owned or controlled by foreign governments.
(2) Content.--The report required under paragraph (1) shall
include--
(A) a list of all entities that are owned or
controlled by foreign governments that are leasing,
operating, managing, or owning real property or
facilities at United States ports;
(B) an assessment of the national security threat
posed by such activities; and
(C) recommendations for any legislation in response
to such threat.
SEC. 3. INCREASED TRANSPARENCY OF MANDATORY INVESTIGATIONS.
Section 271(b) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``The President'' and inserting the
following:
``(1) In general.--The President'';
(3) by adding at the end the following new paragraphs:
``(2) Notification to congress.--Not later than one day
after commencing an investigation under paragraph (1), the
President shall provide notice of the investigation and
relevant information regarding the proposed merger,
acquisition, or takeover, including relevant ownership records
to--
``(A) the Majority Leader and Minority Leader of
the Senate;
``(B) the Speaker and Minority Leader of the House
of Representatives;
``(C) the Chairmen and Ranking Members of the
Committee on Finance, the Committee on Homeland
Security and Government Affairs, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Armed Services, and the Select Committee on
Intelligence of the Senate;
``(D) the Chairmen and Ranking Members of the
Committee on Ways and Means, the Committee on Homeland
Security, the Committee on Financial Services, the
Committee on Armed Services, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
``(E) the Members of Congress representing the
States and districts affected by the proposed
transaction.
``(3) Notification to public officials of investigations of
proposed transactions affecting united states ports.--In the
case of an investigation under paragraph (1) of a proposed
merger, acquisition, or takeover that will result in any entity
that is owned or controlled by a foreign government leasing,
operating, managing, or owning real property or facilities at a
United States port, the President shall, not later than one day
after commencing an investigation under paragraph (1), notify
the Governors and heads of relevant government agencies of the
States in which such ports are located and provide to such
Governors and relevant agency heads information regarding the
proposed merger, acquisition, or takeover, including relevant
ownership records.
``(4) Public comments.--
``(A) Solicitation of public comments.--Not later
than 7 days after commencing an investigation under
paragraph (1), the President shall publish in the
Federal Register a description of the proposed merger,
acquisition, or takeover, including a solicitation for
public comments on such proposed merger, acquisition,
or takeover.
``(B) Summary of public comments.--Not later than
10 days prior to the completion of an investigation
under paragraph (1), the President shall publish in the
Federal Register a summary of the public comments
received pursuant to subparagraph (A).''.
SEC. 4. TECHNICAL CORRECTION.
Section 271(e) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(e)) is amended by striking ``subsection (c)'' and inserting
``subsection (d)''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to any merger,
acquisition, or takeover considered on or after October 1, 2005 under
section 271 of the Defense Production Act of 1950 (50 U.S.C. App.
2170). | Port Security Act of 2006 - Amends the Defense Production Act of 1950 to prohibit a merger, acquisition, or takeover that will result in a foreign government-owned entity leasing, operating, managing, or owning real property or facilities at a U.S. port. Requires the President to: (1) report to Congress on the leasing, operating, managing, or owning of real property or facilities at U.S. ports by entities that are foreign government-owned; (2) provide notice to Congress and relevant public officials of the required mandatory investigation into whether a proposed merger, acquisition, or takeover could affect U.S. national security; and (3) provide for public comment with respect to such transactions. | {"src": "billsum_train", "title": "To ensure the security of United States ports, and for other purposes."} | 1,156 | 151 | 0.63977 | 1.774377 | 0.736163 | 4.203008 | 8.022556 | 0.909774 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Enforcement for Local Lands
Act of 2016''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered law enforcement agency.--The term ``covered law
enforcement agency'' means--
(A) the Forest Service Law Enforcement and
Investigations unit; and
(B) the Bureau of Land Management Office of Law
Enforcement.
(2) Federal land.--The term ``Federal land'' means--
(A) any land and interest in land owned by the
United States within a State and included within the
National Forest System, including the National
Grasslands; and
(B) the public lands (as defined in section 103(e)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702(e)).
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
Federal land described in subparagraph (A) of paragraph
(2); and
(B) the Secretary of the Interior, with respect to
Federal land described in subparagraph (B) of paragraph
(2).
(4) State.--The term ``State'' means each of the several
States and the Commonwealth of Puerto Rico.
(5) Unit of local government.--The term ``unit of local
government'' means--
(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State; or
(B) an Indian tribe which performs law enforcement
or emergency response functions as determined by the
Secretary of the Interior.
SEC. 3. TERMINATION OF FOREST SERVICE AND BUREAU OF LAND MANAGEMENT
AGENCY LAW ENFORCEMENT AGENCIES AND LAW ENFORCEMENT
FUNCTIONS.
(a) Forest Service.--Not later than September 30, 2017, the
Secretary of Agriculture shall terminate the Forest Service Law
Enforcement and Investigations unit and cease using employees of the
Forest Service to perform law enforcement functions on Federal land.
(b) Department of the Interior.--Not later than September 30, 2017,
the Secretary of the Interior shall terminate the Bureau of Land
Management Office of Law Enforcement and cease using employees of the
Department of the Interior to perform law enforcement functions on
Federal land.
(c) Termination of Authorization of Appropriations.--Beginning with
fiscal year 2018 and each fiscal year thereafter, no amounts are
authorized to be appropriated to the Secretary concerned for a covered
law enforcement agency or for Federal law enforcement functions on
Federal land.
(d) No Effect on Authority To Carry Firearms.--Nothing in this Act
shall be construed to limit the authority of the Secretary concerned to
authorize an employee of the Forest Service or the Bureau of Land
Management to carry a firearm for protection while in the field.
SEC. 4. BLOCK GRANTS TO STATES FOR ENFORCEMENT OF FEDERAL LAW ON
FEDERAL LAND.
(a) Grants Required; Formula.--For fiscal year 2018 and each fiscal
year thereafter, the Secretary of the Interior shall make a grant to
each State for the purpose of permitting the State, directly or through
subgrants with units of local government in that State, to maintain law
and order on Federal land, protect individuals and property on Federal
land, and enforce Federal law. Grant funds shall only be allowed to be
used to carry out law enforcement functions on Federal land.
(b) Grant Formula.--
(1) Percentage of federal land.--Subject to paragraph (2),
a State shall receive a grant under subsection (a) in an amount
that bears the same percentage to the amount appropriated for
that fiscal year under subsection (d) as the total acreage of
Federal land in that State bears to the total acreage of
Federal land in all States.
(2) Modification to reflect visitation levels.--The
Secretary of the Interior shall modify the grant formula
specified in paragraph (1) to take into account annual
visitation levels at individual units of Federal land in each
State so that States whose Federal land receive the highest
number of recreational users receive additional funds for law
enforcement. Not later than April 1, 2017, the Secretary shall
submit to Congress the Secretary's proposal for modifying the
grant formula to reflect visitation levels.
(c) Report on Expenditures.--A State or unit of local government
receiving a grant or subgrant under this section shall submit to the
Secretary of the Interior an annual report--
(1) certifying that the grant funds were used only for the
Federal land law enforcement functions specified in subsection
(a);
(2) accounting for all expenditures incurred by the State
or unit of local government in connection with performing such
law enforcement functions on Federal land; and
(3) indicating whether grant funds were sufficient or
insufficient to cover such expenditures.
(d) Authorization of Appropriations.--For fiscal year 2018 and each
fiscal year thereafter, there is authorized to be appropriated to the
Secretary of the Interior to make grants under this section--
(1) an amount equal to at least the total amount
appropriated for all covered law enforcement agencies for
fiscal year 2016; and
(2) such additional amounts as the Secretary considers to
be necessary for law enforcement functions on Federal land.
SEC. 5. STATE AND LOCAL AGREEMENTS FOR LAW ENFORCEMENT FUNCTIONS ON
FEDERAL LAND.
(a) Agreement Required.--As a condition of a grant or subgrant
under section 4, the State or unit of local government receiving the
grant or subgrant and the Secretary concerned shall enter into an
agreement, consistent with this section, to address the maintenance of
law and order and the protection of individuals and property on Federal
land.
(b) Powers and Duties of Law Enforcement Personnel.--The agreement
under subsection (a) between a State or unit of local government
receiving a grant or subgrant and the Secretary concerned shall
authorize designated law enforcement officers of the State or unit of
local government--
(1) to carry firearms on Federal land;
(2) make arrests without warrant for any offense against
the United States committed in the presence of the law
enforcement officer, or for any felony cognizable under the
laws of the United States if the law enforcement officer has
reasonable grounds to believe that the individual to be
arrested has committed or is committing the felony, provided
the arrests occur on Federal land or within the State or local
jurisdiction of the law enforcement officer or the individual
to be arrested is fleeing from the Federal land;
(3) execute any warrant or other process issued by a court
or officer of competent jurisdiction for the enforcement of the
provisions of any Federal law or regulation issued pursuant to
law arising out of an offense committed on Federal land or,
where the individual subject to the warrant or process is on
Federal land, in connection with any Federal offense; and
(4) conduct investigations of offenses against the United
States committed on Federal land in the absence of
investigation of the offenses by any other Federal law
enforcement agency having investigative jurisdiction over the
offense committed or with the concurrence of the other agency.
(c) Indemnify and Save Harmless.--The Secretary concerned shall
waive, in any agreement under subsection (a) with a State or unit of
local government, all civil claims against the State or unit of local
government and, subject to available appropriations, indemnify and save
harmless the State or unit of local government from all claims by third
parties for property damage or personal injury, that may arise out of
law enforcement functions performed under the agreement.
(d) Law Enforcement Personnel Not Deemed Federal Employees.--
(1) In general.--Except as otherwise provided in this
subsection, a law enforcement officer of a State or unit of
local government performing law enforcement functions pursuant
to an agreement under subsection (a) shall not be deemed a
Federal employee and shall not be subject to the provisions of
law relating to Federal employment, including those relating to
hours of work, rates of compensation, leave, unemployment
compensation, and Federal benefits.
(2) Exceptions.--A law enforcement officer of a State or
unit of local government performing law enforcement functions
pursuant to an agreement under subsection (a) is deemed to be--
(A) a Federal employee for purposes of sections
1346(b) and 2401(b) and chapter 171 of title 28, United
States Code; and
(B) a civil service employee of the United States
within the meaning of the term ``employee'' as defined
in section 8101 of title 5, United States Code, for
purposes of subchapter I of chapter 81 of such title,
relating to compensation to Federal employees for work
injuries, and the provisions of subchapter I of chapter
81 of such title shall apply.
(e) Federal Investigative Jurisdiction and State Civil and Criminal
Jurisdiction Not Preempted.--This section shall not be construed or
applied--
(1) to limit or restrict the investigative jurisdiction of
any Federal law enforcement agency other than a covered law
enforcement agency; and
(2) to affect any right of a State or unit of local
government to exercise civil and criminal jurisdiction on
Federal land.
(f) Conforming Amendments.--
(1) Forest service.--Section 15003 of the National Forest
System Drug Control Act of 1986 (16 U.S.C. 559c) is repealed.
(2) Bureau of land management.--Section 303(c)(2) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1733(c)(2)) is amended by striking ``may authorize Federal
personnel or'' and inserting ``shall authorize''. | Local Enforcement for Local Lands Act of 2016 This bill declares that, by September 30, 2017, the Department of Agriculture (USDA) shall terminate the Forest Service Law Enforcement and Investigations unit and cease using Forest Service employees to perform law enforcement functions on federal lands. Also by such date, the Department of the Interior shall terminate the Bureau of Land Management Office of Law Enforcement and cease using Interior employees to perform law enforcement functions on federal lands. Nothing in this Act shall be construed as limiting the authority of Interior or USDA to authorize an employee of the Forest Service or the Bureau of Land Management to carry a firearm for protection while in the field. For FY2018 and each fiscal year thereafter, Interior shall make a grant to each state, determined according to a specified formula, to permit the state, directly or through subgrants with units of local government in it, to maintain law and order on federal land, protect individuals and property on federal lands, and enforce federal law. Any state or local government receiving the grant or subgrant shall enter into an agreement with Interior or USDA, as appropriate. In any such agreement Interior or USDA must waive all civil claims against the state or local government, and indemnify that government and save it harmless from all claims by third parties for property damage or personal injury that may arise out of law enforcement functions performed under the agreement. A law enforcement officer of a state or local government performing law enforcement functions pursuant to such an agreement shall not, except in certain circumstances, be deemed a federal employee with respect to hours of work, compensation rates, leave, unemployment compensation, and federal benefits, among other things. | {"src": "billsum_train", "title": "Local Enforcement for Local Lands Act of 2016"} | 2,108 | 344 | 0.647872 | 2.052437 | 0.902817 | 4.852308 | 5.929231 | 0.913846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Investment National Security
Review Act of 2006''.
SEC. 2. INVESTIGATION OF CERTAIN TRANSACTIONS FOR NATIONAL SECURITY
IMPLICATIONS.
(a) In General.--Section 721 of the Defense Production Act of 1950
(50 U.S.C. App. 2170) is amended to read as follows:
``SEC. 721. INVESTIGATION OF CERTAIN TRANSACTIONS FOR NATIONAL SECURITY
IMPLICATIONS.
``(a) Investigations.--
``(1) In general.--Upon receiving written notification, as
prescribed by regulations under this section, of any merger,
acquisition, or takeover proposed or pending on or after the
date of the enactment of this section by or with any foreign
person which could result in foreign control of any person
engaged in interstate commerce in the United States, the
President, acting through the President's designee and the
Committee on Foreign Investment in the United States shall
conduct an investigation to determine the effects, if any, of
the proposed or pending merger, acquisition, or takeover on the
national security of the United States.
``(2) Timing.--Any investigation required under paragraph
(1) shall be completed before the end of the 75-day period
beginning on the date of the receipt by the President or the
President's designee of written notification of the proposed or
pending merger, acquisition, or takeover.
``(b) Confidentiality of Information.--
``(1) In general.--Any information or documentary material
filed with the President or the President's designee pursuant
to this section shall be exempt from disclosure under section
552 of title 5, United States Code, and no such information or
documentary material may be made public, except as may be
relevant to any administrative or judicial action or
proceeding.
``(2) Availability to the congress.--No provision of
paragraph (1) shall be construed as preventing the disclosure
of any information or documentary material to either House of
Congress or to any duly authorized committee or subcommittee of
the Congress.
``(c) Committee on Foreign Investment in the United States.--
``(1) Establishment.--The Committee on Foreign Investment
in the United States established pursuant to Executive Order
No. 11858 (hereafter in this section referred to as the
`Committee') shall be a multi-agency committee to carry out
this section and such other assignments as the President may
designate.
``(2) Membership.--The Committee shall be comprised of the
following members:
``(A) The Secretary of the Treasury.
``(B) The Secretary of State.
``(C) The Secretary of Defense.
``(D) The Secretary of Homeland Security.
``(E) The Attorney General.
``(F) The Secretary of Commerce.
``(G) The Director of the Office of Management and
Budget.
``(H) The United States Trade Representative.
``(I) The Chairman of the Council of Economic
Advisors.
``(J) The Director of the Office of Science and
Technology Policy.
``(3) Chairperson.--The Secretary of the Treasury shall be
the Chairperson of the Committee.
``(4) Other members.--The Chairperson of the Committee
shall involve the heads of such other Federal agencies, the
Assistant to the President for National Security Affairs, and
the Assistant to the President for Domestic Policy in any
investigation under subsection (a) as the Chairperson
determines to be appropriate on the basis of the facts and
circumstances of the transaction under investigation.
``(5) Role of the director of national intelligence.--The
Director of National Intelligence shall provide appropriate
intelligence analysis and intelligence briefings to the
Committee.
``(d) Action by the President.--
``(1) In general.--No proposed or pending acquisition,
merger, or takeover, of a person engaged in interstate commerce
in the United States by or with foreign persons may occur
unless the President, on the basis of an investigation and
report by the Committee, finds that such acquisition, merger or
takeover, will not threaten to impair the national security of
the United States, as defined by regulations prescribed
pursuant to this section, and approves the transaction.
``(2) Enforcement.--The President shall direct the Attorney
General to seek appropriate relief, including divestment
relief, in the district courts of the United States in order to
implement and enforce--
``(A) any finding, action, or determination under
this section of disapproval of an acquisition, merger,
or takeover; or
``(B) any conditions imposed on any approval of any
acquisition, merger, or takeover.
``(3) Finality of determinations.--All actions and
determinations under this section shall be final and not
subject to judicial review.
``(e) Findings by the President.--
``(1) In general.--A finding under this section of
impairment or threatened impairment to national security shall
be based on credible evidence that leads the President to
believe that--
``(A) the foreign interest exercising control might
take action that threatens to impair the national
security; and
``(B) other provisions of law do not provide
adequate and appropriate authority for the President to
protect the national security.
``(2) Factors to be considered.--Any investigation under
this section shall take into account the following factors:
``(A) Domestic production needed for projected
national defense requirements.
``(B) The capability and capacity of domestic
industries to meet national defense requirements,
including the availability of human resources,
products, technology, materials, and other supplies and
services.
``(C) The control of domestic industries and
commercial activity by foreign citizens as it affect
the capability and capacity of the United States to
meet the requirements of national security.
``(D) The potential effects of the proposed or
pending transaction on sales of military goods,
equipment, or technology to any country--
``(i) identified by the Secretary of
State--
``(I) under section 6(j) of the
Export Administration Act of 1979, as a
country that supports terrorism;
``(II) under section 6(l) of the
Export Administration Act of 1979, as a
country of concern regarding missile
proliferation; or
``(III) under section 6(m) of the
Export Administration Act of 1979, as a
country of concern regarding the
proliferation of chemical and
biological weapons; or
``(ii) listed under section 309(c) of the
Nuclear Non-Proliferation Act of 1978 on the
`Nuclear Non-Proliferation-Special Country
List' (15 C.F.R. Part 778, Supplement No. 4) or
any successor list.
``(E) The potential effects on the proposed or
pending transaction on United States international
technological leadership in areas affecting United
States national security.
``(f) Report to the Congress.--Upon making any determination to
approve or disapprove any merger, acquisition, or takeover by or with
any foreign person which could result in foreign control of any person
engaged in interstate commerce in the United States, the President
shall immediately transmit to the Secretary of the Senate and the Clerk
of the House of Representatives a written report of the President's
determination under this section to approve or disapprove such merger,
acquisition, or takeover, including a detailed explanation of the
finding made and factors considered.
``(g) Congressional Action.--
``(1) In general.--If the determination of the President
contained in the report transmitted to the Congress under
subsection (f) is that the President will approve any merger,
acquisition, or takeover under subsection (d) and not later
than 30 days after the date on which Congress receives the
report, a joint resolution described in paragraph (2) is
enacted into law, then the President shall take such action
under subsection (d) as is necessary to prohibit the merger,
acquisition, or takeover, including, if such acquisition has
been completed, directing the Attorney General to seek
divestment or other appropriate relief in the district courts
of the United States.
``(2) Joint resolution described.--For purposes of
paragraph (1), the term `joint resolution' means a joint
resolution of the Congress, the sole matter after the resolving
clause of which is as follows: `That the Congress disapproves
the determination of approval of the President contained in the
report submitted to Congress pursuant to section 721(f) of the
Defense Production Act of 1950 on _____.', with the blank space
being filled with the appropriate date.
``(3) Computation of review period.--In computing the 30-
day period referred to in paragraph (1), there shall be
excluded any day described in section 154(b) of the Trade Act
of 1974.
``(h) Regulations.--The President shall direct the issuance of
regulations to carry out this section. Such regulations shall, to the
extent possible, minimize paperwork burdens and shall to the extent
possible coordinate reporting requirements under this section with
reporting requirements under any other provision of Federal law.
``(i) Effect on Other Law.--No provision of this section shall be
construed as altering or affecting any existing authority, power,
process, regulation, investigation, enforcement measure, or review
provided by any other provision of law.
``(j) Technology Risk Assessments.--In any case in which an
assessment of the risk of diversion of defense critical technology is
performed by the Committee or any other designee of the President, a
copy of such assessment shall be provided to any other designee of the
President responsible for reviewing or investigating a merger,
acquisition, or takeover under this section.
``(k) Biennial Report on Critical Technologies.--
``(1) In general.--In order to assist the Congress in its
oversight responsibilities with respect to this section, the
President and such agencies as the President shall designate
shall complete and furnish to the Congress, not later than May
1, 2007, and upon the expiration of every 2 years thereafter, a
report, both in classified and unclassified form, which--
``(A) evaluates whether there is credible evidence
of a coordinated strategy by 1 or more countries or
companies to acquire United States companies involved
in research, development, or production of critical
technologies for which the United States is a leading
producer; and
``(B) evaluates whether there are industrial
espionage activities directed or directly assisted by
foreign governments against private United States
companies aimed at obtaining commercial secrets related
to critical technology.
``(2) Definition.--For the purposes of this subsection, the
term `critical technologies' means technologies identified
under title VI of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 or other critical
technology, critical components, or critical technology items
essential to national defense or security identified pursuant
to this section.
``(l) Biennial Report on Critical Infrastructure.--In order to
assist the Congress in its oversight responsibilities, the President
and such agencies as the President shall designate shall complete and
furnish to the Congress, not later than 90 days after the date of
enactment of this subsection and upon the expiration of every 2 years
thereafter, a report, both in classified and unclassified form, which--
``(1) lists all critical infrastructure, as defined under
subtitle B of title II of Public Law 107-296, that is owned,
controlled or dominated by an alien, a foreign corporation, or
a foreign government;
``(2) evaluates whether there is credible evidence of a
coordinated strategy by 1 or more countries or companies to
acquire United States critical infrastructure; and
``(3) evaluates whether there are industrial espionage
activities directed or directly assisted by foreign governments
against private United States companies controlling critical
infrastructure.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to the review and investigation of any acquisition, merger, or
takeover which is or becomes subject to section 721 of the Defense
Production Act of 1950 (50 U.S.C. App. 2170) (as in effect immediately
before the date of the enactment of this Act or on or after such date)
that has not become final before the date of the enactment of this Act. | Foreign Investment National Security Review Act of 2006 - Amends the Defense Production Act of 1950 to revise provisions concerning presidential authority to review pending or proposed mergers, acquisitions, or takeovers (transactions) which could result in foreign control of any person engaged in interstate commerce in the United States. Directs the President, after receiving written notification of a transaction, and acting through the Committee on Foreign Investment in the United States (CFIUS), to conduct an investigation to determine the effects, if any, of the transaction on U.S. national security. Requires investigations to be completed within 75 days.
Reestablishes CFIUS as a multi-agency committee (currently, a committee within the Department of the Treasury).
Prohibits a transaction unless the President finds that it will not threaten to impair U.S. national security. Provides for enforcement of presidential findings. Prohibits judicial review of such determinations. Outlines factors to be considered during an investigation, including domestic production and national defense requirements.
Requires the President, after a determination to approve or disapprove a transaction, to immediately notify (by written report) both Houses of Congress. Allows Congress 30 days after notification of an approved transaction to pass a joint resolution disapproving the transaction.
Directs the President and designated agencies to submit biennial reports to Congress on: (1) evidence of coordinated strategies by one or more countries to acquire U.S. companies involved in research, development, or production of critical technologies for which the United States is a leading producer; and (2) U.S. critical infrastructure owned, controlled, or dominated by an alien, foreign corporation, or foreign government. | {"src": "billsum_train", "title": "To amend section 721 of the Defense Production Act of 1950 to enhance the effectiveness of the investigations of certain mergers, acquisitions, and takeovers for national security implications, and for other purposes."} | 2,682 | 371 | 0.550062 | 1.684651 | 0.870412 | 3.326797 | 8.330065 | 0.869281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Forest Protection Act of
2004''.
SEC. 2. TRIBAL FOREST ASSETS PROTECTION.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))) administered by the
Secretary of Agriculture, acting through the Chief of the
Forest Service; and
(B) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the
surface of which is administered by the Secretary of the
Interior, acting through the Director of the Bureau of Land
Management.
(2) Indian forest land or rangeland.--The term ``Indian forest
land or rangeland'' means land that--
(A) is held in trust by, or with a restriction against
alienation by, the United States for an Indian tribe or a
member of an Indian tribe; and
(B)(i)(I) is Indian forest land (as defined in section 304
of the National Indian Forest Resources Management Act (25
U.S.C. 3103)); or
(II) has a cover of grasses, brush, or any similar
vegetation; or
(ii) formerly had a forest cover or vegetative cover that
is capable of restoration.
(3) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(4) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to land
under the jurisdiction of the Forest Service; and
(B) the Secretary of the Interior, with respect to land
under the jurisdiction of the Bureau of Land Management.
(b) Authority to Protect Indian Forest Land or Rangeland.--
(1) In general.--Not later than 120 days after the date on
which an Indian tribe submits to the Secretary a request to enter
into an agreement or contract to carry out a project to protect
Indian forest land or rangeland (including a project to restore
Federal land that borders on or is adjacent to Indian forest land
or rangeland) that meets the criteria described in subsection (c),
the Secretary may issue public notice of initiation of any
necessary environmental review or of the potential of entering into
an agreement or contract with the Indian tribe pursuant to section
347 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277)
(as amended by section 323 of the Department of the Interior and
Related Agencies Appropriations Act, 2003 (117 Stat. 275)), or such
other authority as appropriate, under which the Indian tribe would
carry out activities described in paragraph (3).
(2) Environmental analysis.--Following completion of any
necessary environmental analysis, the Secretary may enter into an
agreement or contract with the Indian tribe as described in
paragraph (1).
(3) Activities.--Under an agreement or contract entered into
under paragraph (2), the Indian tribe may carry out activities to
achieve land management goals for Federal land that is--
(A) under the jurisdiction of the Secretary; and
(B) bordering or adjacent to the Indian forest land or
rangeland under the jurisdiction of the Indian tribe.
(c) Selection Criteria.--The criteria referred to in subsection
(b), with respect to an Indian tribe, are whether--
(1) the Indian forest land or rangeland under the jurisdiction
of the Indian tribe borders on or is adjacent to land under the
jurisdiction of the Forest Service or the Bureau of Land
Management;
(2) Forest Service or Bureau of Land Management land bordering
on or adjacent to the Indian forest land or rangeland under the
jurisdiction of the Indian tribe--
(A) poses a fire, disease, or other threat to--
(i) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; or
(ii) a tribal community; or
(B) is in need of land restoration activities;
(3) the agreement or contracting activities applied for by the
Indian tribe are not already covered by a stewardship contract or
other instrument that would present a conflict on the subject land;
and
(4) the Forest Service or Bureau of Land Management land
described in the application of the Indian tribe presents or
involves a feature or circumstance unique to that Indian tribe
(including treaty rights or biological, archaeological, historical,
or cultural circumstances).
(d) Notice of Denial.--If the Secretary denies a tribal request
under subsection (b)(1), the Secretary may issue a notice of denial to
the Indian tribe, which--
(1) identifies the specific factors that caused, and explains
the reasons that support, the denial;
(2) identifies potential courses of action for overcoming
specific issues that led to the denial; and
(3) proposes a schedule of consultation with the Indian tribe
for the purpose of developing a strategy for protecting the Indian
forest land or rangeland of the Indian tribe and interests of the
Indian tribe in Federal land.
(e) Proposal Evaluation and Determination Factors.--In entering
into an agreement or contract in response to a request of an Indian
tribe under subsection (b)(1), the Secretary may--
(1) use a best-value basis; and
(2) give specific consideration to tribally-related factors in
the proposal of the Indian tribe, including--
(A) the status of the Indian tribe as an Indian tribe;
(B) the trust status of the Indian forest land or rangeland
of the Indian tribe;
(C) the cultural, traditional, and historical affiliation
of the Indian tribe with the land subject to the proposal;
(D) the treaty rights or other reserved rights of the
Indian tribe relating to the land subject to the proposal;
(E) the indigenous knowledge and skills of members of the
Indian tribe;
(F) the features of the landscape of the land subject to
the proposal, including watersheds and vegetation types;
(G) the working relationships between the Indian tribe and
Federal agencies in coordinating activities affecting the land
subject to the proposal; and
(H) the access by members of the Indian tribe to the land
subject to the proposal.
(f) No Effect on Existing Authority.--Nothing in this Act--
(1) prohibits, restricts, or otherwise adversely affects the
participation of any Indian tribe in stewardship agreements or
contracting under the authority of section 347 of the Department of
the Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 2104 note; Public Law 105-277) (as amended by section 323 of
the Department of the Interior and Related Agencies Appropriations
Act, 2003 (117 Stat. 275)) or other authority invoked pursuant to
this Act; or
(2) invalidates any agreement or contract under that authority.
(g) Report.--Not later than 4 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report that
describes the Indian tribal requests received and agreements or
contracts that have been entered into under this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Tribal Forest Protection Act of 2004 - Authorizes the Secretary of the Interior (with respect to land under the jurisdiction of the Bureau of Land Management) or the Secretary of Agriculture (with respect to land under the jurisdiction of the Forest Service), within 120 days after the request of an Indian tribe to enter into an agreement or contract to carry out a project to protect Indian forest land or rangeland (including a project to restore Federal land that borders on or is adjacent to such land) that meets specified criteria, to issue public notice of initiation of any necessary environmental review or of the potential of entering into such an agreement or contract under which the Indian tribe would carry out activities to achieve land management goals for Federal land under the Secretary's jurisdiction and bordering or adjacent to the Indian forest land or rangeland under the Indian tribe's jurisdiction.
States as criteria for the selection of Indian land that, among other things, the bordering or adjacent Federal land: (1) pose a fire, disease, or other threat to Indian land or a tribal community, or be in need of land restoration activities; and (2) present or involve a feature or circumstance unique to the particular tribe (including treaty rights or biological, archaeological, historical, or cultural circumstances).
Authorizes the appropriate Secretary to enter into such an agreement or contract following completion of any necessary environmental analysis. Specifies proposal evaluation and determination factors.
Requires, within four years after enactment of this Act, the Secretary to report to Congress on the Indian tribal requests received and agreements or contracts that have been entered into. | {"src": "billsum_train", "title": "To authorize the Secretary of Agriculture and the Secretary of the Interior to enter into an agreement or contract with Indian tribes meeting certain criteria to carry out projects to protect Indian forest land."} | 1,630 | 329 | 0.654481 | 1.699304 | 0.807715 | 5.012987 | 4.925325 | 0.948052 |
REVOLVING FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a United States Institute for Environmental Conflict
Resolution Revolving Fund to be administered by the Foundation. The
Revolving Fund shall consist of amounts appropriated to the Revolving
Fund under section 13(b) and amounts paid into the Revolving Fund under
section 11.
``(b) Expenditures.--The Foundation shall expend from the Revolving
Fund such sums as the Board determines are necessary and appropriate to
establish and operate the Institute, including such amounts as are
necessary for salaries, administration, the provision of mediation and
other services, and such other expenses as the Board determines are
reasonable and necessary.
``(c) Distinction From Trust Fund.--The Revolving Fund shall be
maintained separately from the Trust Fund established under section 8.
``(d) Program Priorities.--The Revolving Fund shall not be subject
to section 7(c) or section 9.
``(e) Investment of Amounts.--
``(1) In general.--The Secretary of the Treasury shall
invest such portion of the Revolving Fund as is not, in the
judgment of the Secretary, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
``(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
``(A) on original issue at the issue price; or
``(B) by purchase of outstanding obligations at the
market price.
``(3) Sale of obligations.--Any obligation acquired by the
Revolving Fund may be sold by the Secretary of the Treasury at
the market price.
``(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Revolving Fund shall be credited to and form a part of the
Revolving Fund.''.
SEC. 7. USE OF THE INSTITUTE BY A FEDERAL AGENCY.
The Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public Policy Act of 1992 (20 U.S.C.
5601 et seq.) (as amended by section 6) is amended by inserting after
section 10 the following:
``SEC. 11. USE OF THE INSTITUTE BY A FEDERAL AGENCY.
``(a) Authorization.--A Federal agency may use the Foundation and
the Institute to provide assessment, mediation, or other related
services in connection with a dispute or conflict related to the
environment, public lands, or natural resources.
``(b) Payment.--
``(1) In general.--A Federal agency may enter into a
contract and expend funds to obtain the services of the
Institute.
``(2) Payment into revolving fund.--A payment from an
executive agency on a contract entered into under paragraph (1)
shall be paid into the Revolving Fund.
``(c) Notification and Concurrence.--
``(1) Notification.--An agency or instrumentality of the
Federal Government shall notify the chairperson of the
President's Council on Environmental Quality before using the
Foundation or the Institute to provide the services described
in subsection (a).
``(2) Notification descriptions.--A notification under
paragraph (1) shall include a written description of--
``(A) the issues and parties involved;
``(B) prior efforts, if any, undertaken by the
agency to resolve or address the issue or issues; and
``(C) other relevant information.
``(3) Concurrence.--In a case that involves a dispute or
disagreement between 2 or more agencies or instrumentalities of
the Federal Government (including branches or divisions of a
single agency or instrumentality), an agency or instrumentality
of the Federal Government shall obtain the concurrence of the
chairperson of the President's Council on Environmental Quality
before using the Foundation or Institute to provide the
services described in subsection (a).''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 13 of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public Policy
Act of 1992 (as redesignated by section 6(a)) is amended--
(1) by striking ``There are authorized to be appropriated
to the Fund'' and inserting the following:
``(a) Trust Fund.--There are authorized to be appropriated to the
Trust Fund''; and
(2) by adding at the end the following:
``(b) Revolving Fund.--There are authorized to be appropriated to
the Revolving Fund $3,000,000 for fiscal year 1998 and $2,100,000 for
each of fiscal years 1999 through 2002.''.
SEC. 9. CONFORMING AMENDMENTS.
(a) The second sentence of section 8(a) of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5606) is amended--
(1) by striking ``fund'' and inserting ``Trust Fund''; and
(2) by striking ``section 11'' and inserting ``section
13(a)''.
(b) Sections 7(a)(6), 8(b), and 9(a) of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5605(a)(6), 5606(b),
5607(a)) are each amended by striking ``Fund'' and inserting ``Trust
Fund'' each place it appears. | Environmental Policy and Conflict Resolution Act of 1997 - Amends the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to include in the Board of Trustees of the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation the chairperson of the President's Council on Environmental Quality.
Revises the purposes and authority of the Foundation to include establishment of the United States Institute for Environmental Conflict Resolution to assist the Government in implementing environmental assessment provisions of the National Environmental Policy Act of 1969.
Establishes in the Treasury a United States Institute for Environmental Conflict Resolution Revolving Fund, for establishment and operation of the Institute, to be administered by the Foundation.
Establishes procedures for use by a Federal agency of the Foundation and the Institute to provide assessment, mediation, or related services in connection with a dispute or conflict related to the environment, public lands, or natural resources.
Authorizes appropriations. | {"src": "billsum_train", "title": "Environmental Policy and Conflict Resolution Act of 1997"} | 1,256 | 202 | 0.616038 | 1.855206 | 0.75959 | 4.619318 | 6.215909 | 0.903409 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Writing Project
Reauthorization Act of 1993''.
SEC. 2. FINDINGS.
Section 201 of the Education Council Act of 1991 (hereafter in this
Act referred to as the ``Act'') is amended--
(1) by amending paragraph (2) to read as follows:
``(2) the writing problem has been magnified by the rapidly
changing student populations in the Nation's schools and the
growing number of students who are at risk because of limited-
English proficiency;'';
(2) in paragraph (6)--
(A) by inserting ``writing and reading are both
fundamental to learning, yet writing has been
historically neglected in the schools and colleges,
and'' before ``most''; and
(B) by striking the comma before ``have'';
(3) by amending paragraph (10) to read as follows:
``(10) the National Writing Project has become a model for
programs to improve teaching in such other fields as
mathematics, science, history, literature, performing arts, and
foreign languages;'';
(4) by amending paragraph (15) to read as follows:
``(15) each year over 100,000 teachers voluntarily seek
training in National Writing Project intensive summer
institutes and workshops and school-year in-service programs
through one of the 154 regional sites located in 45 States, the
Commonwealth of Puerto Rico, and in 4 sites that serve United
States teachers teaching in United States dependent and
independent schools;'';
(5) by striking paragraph (17);
(6) by redesignating paragraph (18) as paragraph (17);
(7) in paragraph (17) (as redesignated in paragraph (7)),
by striking the period at the end thereof and inserting a
semicolon; and
(8) by adding at the end the following new paragraphs:
``(18) independent evaluation studies have found the
National Writing Project to be highly cost effective compared
to other professional development programs for teachers; and
``(19) during 1991, the first year of Federal support for
the National Writing Project, the National Writing Project
matched the $1,951,975 in Federal support with $9,485,504 in
matching funds from State, local, and other sources.''.
SEC. 3. NATIONAL WRITING PROJECT.
Section 202 of the Act is amended--
(1) in subsection (d)--
(A) in paragraph (3)--
(i) by striking the subparagraph
designation ``(A)''; and
(ii) by striking subparagraph (B); and
(B) by striking paragraph (4);
(2) in subsection (e)--
(A) in the matter preceding subparagraph (A) of
paragraph (1), by striking ``to enable'' and inserting
``to pay the Federal share of the cost of enabling'';
and
(B) by adding at the end the following new
paragraph:
``(4) Federal share.--For the purpose of this subsection
the term ``Federal share'' means, with respect to the costs of
activities assisted under this subsection, 50 percent of such
costs to the elementary or secondary school teacher.'';
(3) by amending subsection (g) to read as follows:
``(g) Evaluation.--
``(1) In general.--The Secretary shall conduct an
independent evaluation of the teacher training programs
assisted under this section. Such evaluation shall specify the
amount of funds expended by the National Writing Project and
each contractor receiving assistance under this section. The
results of such evaluation shall be made available to the
appropriate committees of the Congress.
``(2) Funding limitation.--The Secretary shall reserve not
more than $150,000 from the total amount appropriated pursuant
to the authority of subsection (i) for fiscal year 1994 and the
4 succeeding fiscal years to conduct the evaluation described
in paragraph (1).'';
(4) by amending subsection (h) to read as follows:
``(h) Research and Development Activities.--
``(1) Grants authorized.--From amounts appropriated
pursuant to the authority of subsection (i)(2), the National
Writing Project shall make grants to individuals and
institutions of higher education that either have participated
in a National Writing Project institute or are institutions
designated as National Writing Project sites, to enable such
individuals and institutions to conduct research activities
involving the teaching of writing.
``(2) Application review.--The National Writing Project
shall establish and operate a National Review Board that shall
consist of--
``(A) leaders in the field of research in writing;
and
``(B) such other individuals as the National
Writing Project deems necessary.
``(3) Duties.--The National Review Board shall--
``(A) review all applications for assistance under
this subsection; and
``(B) recommended applications for assistance under
this subsection for funding by the National Writing
Project.
``(4) Junior researcher priority and funding rule.--(A) In
awarding grants pursuant to paragraph (1), the National Writing
Project shall give priority to awarding such grants to junior
researchers.
``(B) The National Writing Project shall award not less
than 25 percent of the funds received pursuant to subsection
(i)(2) to junior researchers.
``(5) Availability of findings.--The National Writing
Project shall make available to the Secretary and to the
network of National Writing Project sites the findings of the
research conducted pursuant to the authority of paragraph
(1).''; and
(5) in subsection (i)--
(A) in paragraph (1)--
(i) by striking ``1991'' and inserting
``1994''; and
(ii) by striking ``fiscal years 1992 and
1993'' and inserting ``each of the 4 succeeding
fiscal years''; and
(B) by amending paragraph (2) to read as follows:
``(2) Research and development.--In each fiscal year in
which the amount appropriated pursuant to the authority of
paragraph (1) equals or exceeds $10,000,000, there are
authorized to be appropriated $500,000 to carry out the
provisions of subsection (h).''. | National Writing Project Reauthorization Act of 1993 - Amends the Education Council Act of 1991 (Public Law 102-62) to extend the authorization of appropriations for the National Writing Project.
Revises provisions relating to the National Writing Project, including provisions for Federal share, evaluation, and research and development activities. | {"src": "billsum_train", "title": "National Writing Project Reauthorization Act of 1993"} | 1,311 | 68 | 0.506169 | 1.285077 | 0.887131 | 2.5 | 22.534483 | 0.810345 |
on the Budget for
Fiscal Year 2005.--Notwithstanding any other provision of law, all
adjustments made pursuant to section 110(a)(2) of title 23, United
States Code, to sums authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) to carry out each of
the Federal-aid highway and highway safety construction programs (other
than emergency relief) in fiscal year 2005 shall be deemed to be zero.
(e) Sense of Congress on Adjustment to Align Highway Spending With
Revenues.--It is the sense of Congress that, in any multiyear
reauthorization of the Federal-aid highway program, the alignment of
highway spending with revenues under section 251(b)(1)(B)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 should be
restructured to minimize year-to-year fluctuations in highway spending
levels and to ensure the uniform enforcement of such levels.
(f) Sense of Congress on Fully Guaranteed Funding.--It is the sense
of Congress--
(1) in any multiyear law reauthorizing of the Federal-aid
highway program enacted after the date of the enactment of this
Act, the level of obligation limitations for fiscal year 2005
under the highway category and the mass transit category in
section 8103 of the Transportation Equity Act for the 21st
Century (2 U.S.C. 901 note), as amended and extended, should
equal the obligation limitations for such categories authorized
in such multiyear law;
(2) the highway account category obligation limitation
level for fiscal year 2005 should be equal to the sum of the
Federal Highway Administration, National Highway Safety
Administration, and Federal Motor Carrier Safety Administration
obligation limitations for fiscal year 2005 in such multiyear
law; and
(3) the mass transit category obligation limitation level
for fiscal year 2005 should be equal to the sum of budget
authority and obligation limitation authorizations for Federal
Transit Administration programs for fiscal year 2005 in such
multiyear reauthorization.
SEC. 11. LEVEL OF OBLIGATION LIMITATIONS.
(a) Highway Category.--Section 8103(a) of the Transportation Equity
Act for the 21st Century (2 U.S.C. 901 note; 112 Stat. 492; 117 Stat.
1128) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) for fiscal year 2005, $35,392,000,000.''.
(b) Mass Transit Category.--Section 8103(b) of such Act (2 U.S.C.
901 note; 112 Stat. 492; 117 Stat. 1128) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) for fiscal year 2005, $7,265,000,000.''.
(c) Treatment of Funds.--Notwithstanding any other provision of
law, funds made available under this Act, including the amendments made
by this Act, shall be deemed to be zero for the purposes of section 110
of the title 23, United States Code.
SEC. 12. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR
OBLIGATIONS UNDER TEA-21.
(a) Highway Trust Fund.--
(1) In general.--Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 is amended--
(A) in the matter before subparagraph (A), by
striking ``October 1, 2004'' and inserting ``June 1,
2005'',
(B) by striking ``or'' at the end of subparagraph
(I),
(C) by striking the period at the end of
subparagraph (J) and inserting ``, or'',
(D) by inserting after subparagraph (J) the
following new subparagraph:
``(K) authorized to be paid out of the Highway
Trust Fund under the Surface Transportation Extension
Act of 2004, Part V.'', and
(E) in the matter after subparagraph (K), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2004, Part IV'' and inserting
``Surface Transportation Extension Act of 2004, Part
V''.
(2) Mass transit account.--Paragraph (3) of section 9503(e)
of such Code is amended--
(A) in the matter before subparagraph (A), by
striking ``October 1, 2004'' and inserting ``June 1,
2005'',
(B) in subparagraph (G), by striking ``or'' at the
end of such subparagraph,
(C) in subparagraph (H), by inserting ``or'' at the
end of such subparagraph,
(D) by inserting after subparagraph (H) the
following new subparagraph:
``(I) the Surface Transportation Extension Act of
2004, Part V,'', and
(E) in the matter after subparagraph (I), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2004, Part IV'' and inserting
``Surface Transportation Extension Act of 2004, Part
V''.
(3) Exception to limitation on transfers.--Subparagraph (B)
of section 9503(b)(5) of such Code is amended by striking
``October 1, 2004'' and inserting ``June 1, 2005''.
(4) Conforming amendment.--Subsection (a) of section 10 of
the Surface Transportation Extension Act of 2004, Part IV is
amended by striking paragraph (4).
(b) Aquatic Resources Trust Fund.--
(1) Sport fish restoration account.--Paragraph (2) of
section 9504(b) of the Internal Revenue Code of 1986 is amended
by striking ``Surface Transportation Extension Act of 2004,
Part IV'' each place it appears and inserting ``Surface
Transportation Extension Act of 2004, Part V''.
(2) Boat safety account.--Subsection (c) of section 9504 of
such Code is amended--
(A) by striking ``October 1, 2004'' and inserting
``June 1, 2005'', and
(B) by striking ``Surface Transportation Extension
Act of 2004, Part IV'' and inserting ``Surface
Transportation Extension Act of 2004, Part V''.
(3) Exception to limitation on transfers.--Paragraph (2) of
section 9504(d) of such Code is amended by striking ``October
1, 2004'' and inserting ``June 1, 2005''.
(c) All Alcohol Fuel Taxes Transferred to Highway Trust Fund for
Fiscal Year 2004.--Subparagraphs (E) and (F) of section 9503(b)(4)
(relating to certain taxes not transferred to Highway Trust Fund) are
each amended by inserting ``before October 1, 2003, and for the period
beginning after September 30, 2004, and'' before ``before October 1,
2005''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Transfers to highway trust fund.--The amendments made
by subsection (c) shall apply to taxes imposed after September
30, 2003.
(e) Temporary Rule Regarding Adjustments.--During the period
beginning on the date of the enactment of the Surface Transportation
Extension Act of 2003 and ending on May 31, 2005, for purposes of
making any estimate under section 9503(d) of the Internal Revenue Code
of 1986 of receipts of the Highway Trust Fund, the Secretary of the
Treasury shall treat--
(1) each expiring provision of paragraphs (1) through (4)
of section 9503(b) of such Code which is related to
appropriations or transfers to such Fund to have been extended
through the end of the 24-month period referred to in section
9503(d)(1)(B) of such Code, and
(2) with respect to each tax imposed under the sections
referred to in section 9503(b)(1) of such Code, the rate of
such tax during the 24-month period referred to in section
9503(d)(1)(B) of such Code to be the same as the rate of such
tax as in effect on the date of the enactment of the Surface
Transportation Extension Act of 2003.
(f) Apportionment of Highway Trust Funds for Fiscal Year 2004.--
Section 9503(d)(3) of the Internal Revenue Code of 1986 shall not apply
to any apportionment to the States of the amounts authorized to be
appropriated from the Highway Trust Fund for the fiscal year ending
September 30, 2004.
SEC. 13. EXTENSION OF HIGHWAY PROGRAMS THROUGH END OF FISCAL YEAR 2004.
(a) Advances.--Section 2(a) of the Surface Transportation Extension
Act of 2003 (23 U.S.C. 104 note; 117 Stat. 1110; 118 Stat. 876) is
amended by striking ``and the Surface Transportation Extension Act of
2004, Part IV'' and inserting ``the Surface Transportation Extension
Act of 2004, Part IV, and the Surface Transportation Extension Act of
2004, Part V''.
(b) Authorization of Contract Authority.--Section 1101(c)(1) of the
Transportation Equity Act for the 21st Century (117 Stat. 1111; 118
Stat. 876) is amended by striking ``the period of October 1, 2003,
through September 24,'' and inserting ``fiscal year''.
(c) Limitation on Obligations.--Section 2(e) of the Surface
Transportation Extension Act of 2003 (117 Stat. 1111; 118 Stat. 478;
118 Stat. 876) is amended--
(1) by striking paragraphs (1) through (4) and inserting:
``(1) Distribution of obligation authority.--For the fiscal
year 2004, the Secretary shall distribute the obligation
limitation made available for Federal-aid highways and highway
safety construction programs under the heading `Federal-aid
highways' in the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004 (division F of Public Law
108-199; 118 Stat. 291; 118 Stat. 1013), in accordance with
section 110 of such Act with the following exceptions:
``(A) The amount of obligation limitation to be
distributed for such period for each program, project,
and activity specified in sections 110(a)(1),
110(a)(2), 110(a)(4), 110(a)(5), and 110(g) of such Act
shall equal the greater of--
``(i) the funding authorized for such
program, project, or activity in this Act and
the Surface Transportation Extension Act of
2004, the Surface Transportation Extension Act
of 2004, Part II, the Surface Transportation
Extension Act of 2004, Part III, and the
Surface Transportation Extension Act of 2004,
Part IV (including any amendments made by this
Act and such Acts); or
``(ii) 49/52 of the funding provided for or
limitation set on such program, project, or
activity in the Transportation, Treasury, and
Independent Agencies Appropriations Act, 2004.
``(B) Before making the distribution under
subsection 110(a)(6) of such Appropriations Act, the
Secretary shall set aside obligation limitation in the
amount of $1,952,480,770 for high priority projects as
authorized by the amendments in section 14 of the
Surface Transportation Extension Act of 2004, Part V.
Such obligation authority shall be available until
used.''; and
(2) by redesignating paragraph (5) as paragraph (2).
(d) Payment From Future Apportionments.--The following sections of
the Surface Transportation Extension Act of 2003 (117 Stat. 1110) are
repealed:
(1) 2(c) (117 Stat. 1111; 118 Stat. 877).
(2) 5(n) (117 Stat. 1119; 118 Stat. 483; 118 Stat. 632; 118
Stat. 703; 118 Stat. 881).
SEC. 14. HIGH PRIORITY PROJECTS PROGRAM.
(a) Authorization of Appropriations.--Section 1101(a) of the
Transportation Equity Act for the 21st Century (112 Stat. 111-113) is
amended by adding at the end the following:
``(16) High priority projects program for fiscal year 2004
and the period of october 1, 2004, through may 31, 2005.--For
the high priority projects program under section 117 of title
23, United States Code, $2,190,500,000 for fiscal year 2004 and
$1,374,161,333 for the period of October 1, 2004, through May
31, 2005.''.
(b) Authorization of Projects.--Section 117(a) of title 23, United
States Code, is amended by striking ``1602 of the Transportation Equity
Act for the 21st Century'' and inserting ``14(h) of the Surface
Transportation Extension Act of 2004, Part V''.
(c) Allocation Percentages.--Section 117(b) of such title is
amended by striking paragraphs (1) through (6) and inserting the
following:
``(1) 19.6 percent of such amount shall be available for
obligation beginning in fiscal year 2004;
``(2) 18.5 percent of such amount shall be available for
obligation beginning in fiscal year 2005;
``(3) 16.3 percent of such amount shall be available for
obligation beginning in fiscal year 2006;
``(4) 15.3 percent of such amount shall be available for
obligation beginning in fiscal year 2007;
``(5) 15.8 percent of such amount shall be available for
obligation beginning in fiscal year 2008; and
``(6) 14.5 percent of such amount shall be available for
obligation beginning in fiscal year 2009.''.
(d) Federal Share.--Section 117(c) of such title is amended by
striking ``; except'' and all that follows through ``cost thereof''.
(e) Advance Construction.--Section 117(e) of such title is amended
by striking ``1602 of the Transportation Equity Act for the 21st
Century'' each place it appears and inserting ``14(h) of the Surface
Transportation Extension Act of 2004, Part V''.
(f) Availability of Obligation Limitation.--Section 117(g) of such
title is amended by striking ``Transportation Equity Act for the 21st
Century'' and inserting ``Transportation Equity Act: A Legacy for
Users''.
(g) Federal-State Relationship.--Section 145(b) of such title is
amended--
(1) by inserting after ``described in'' the following:
``section 1702 of H.R. 3550 as passed the House of
Representatives on April 4, 2004,'';
(2) by inserting after ``for such projects by'' the
following: ``section 1101(a)(16) of the Transportation Equity
Act for the 21st Century,''; and
(3) by striking ``117 of title 23, United States Code,''
and inserting ``section 117 of this title,''.
(h) Project Authorizations.--Subject to section 117 of title 23,
United States Code, the amount listed for each high priority project in
the table contained in section 1702 of H.R. 3550 as passed the House of
Representatives on April 4, 2004, shall be available (from amounts made
available by section 1101(a)(16) of the Transportation Equity Act for
the 21st Century) for fiscal year 2004 to carry out each such project. | Surface Transportation Extension Act of 2004, Part V - Extends Federal highway, highway safety, motor carrier safety, and transit programs for seven months, and authorizes appropriations, through May 31, 2005.
Directs the Secretary of Transportation to: (1) apportion funds made available for Federal-aid highway programs under the Transportation Equity Act for the 21st Century (TEA-21) to each State according to the ratio of the State's FY 2004 obligation authority to the FY 2004 obligation authority for all States; and (2) ensure that each State is apportioned funds for the Interstate maintenance program, the National Highway System program, the bridge program, the surface transportation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system program, and the minimum guarantee.
Sets forth provisions: (1) for reducing future apportionments, and for recovering funds not apportioned, under a multi-year law reauthorizing the Federal-aid highway program that is enacted after enactment of this Act; (2) prohibiting after May 31, 2005, the obligation of any Federal-aid highway program funds until the date of enactment of a multi-year law reauthorizing such program that is enacted after enactment of this Act; and (3) prohibiting a State from transferring after May 31, 2005, unobligated Federal-aid highway funds from amounts apportioned to it for the congestion mitigation and air quality improvement program and the surface transportation program.
Authorizes appropriations through May 31, 2005, for specified Federal-aid highway programs, highway safety programs, the Motor Carrier Safety Administration program, Federal transit programs, and sport fishing and boating safety programs.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and TEA-21, respectively, to set related discretionary spending limits and obligation limitations for FY 2005.
Amends the Internal Revenue Code to extend authorization for the use of the Highway Trust Fund (including the mass transit account) and the Aquatic Resources Trust Fund for obligations under TEA-21.
Amends the Surface Transportation Extension Act of 2003 to extend highway programs through end of FY 2004.
Amends TEA-21 to authorize appropriations for the high priority projects program through May 31, 2005 (including specified allocation percentages for such projects for FY 2004 through 2009). | {"src": "billsum_train", "title": "To provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century."} | 3,456 | 521 | 0.613281 | 2.131788 | 0.662612 | 2.545045 | 6.995495 | 0.846847 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening the Child Welfare
Response to Human Trafficking Act of 2011''.
SEC. 2. IMPROVING LOCAL EFFORTS TO COMBAT TRAFFICKING AND SEXUAL
EXPLOITATION.
(a) Employee Training Guidelines and Resources.--The Secretary of
Health and Human Services shall develop and publish guidelines
(including a list of recommended experts in the field) for use by State
child welfare agencies in training appropriate child welfare employees
and court employees in identifying, documenting, educating, and
counseling children being provided services by the agencies who are at
risk of becoming a victim of trafficking (as defined in section 103(14)
of the Trafficking Victims Protection Act of 2000) or who are human
trafficking victims who may need to be in the care of the child welfare
system. The guidelines should also include tips on how the child
welfare employee can effectively engage, educate, and support the
parents of such a child victims, if appropriate.
(b) Best Practices Toolkit.--The Secretary of Health and Human
Services shall develop and publish guidelines that contain
recommendations on how State child welfare agencies may prevent
children from becoming a victim of trafficking (as defined in section
103(14) of the Trafficking Victims Protection Act of 2000), which
should include advice on how State and local law enforcement agencies
may collaborate proactively with non-profit organizations on how to
manage cases involving a child who is such a victim. In developing the
best practices toolkit, the Secretary of Health and Human Services is
encouraged to utilize multi-disciplinary research, peer-reviewed
research, evidence-based treatments and programs, and input from child
welfare agencies that have developed human trafficking specific
programs, and to consult appropriate agencies throughout the Federal
Government such as the Federal Bureau of Investigation and the
Trafficking in Persons Office of the Department of State. The Secretary
of Health and Human Services should also consider how the Department of
Health and Human Services can best provide support to monitor and
evaluate existing and related programs at State and county agencies and
outline these support mechanisms in the best practices toolkit.
(c) Residential Safe Havens.--The Secretary of Health and Human
Services shall draft recommendations for State child welfare agencies
on how to best update licensing requirements for child-care
institutions so that specialized, long-term residential facilities or
safe havens serving children who are human trafficking victims can
qualify as child-care institutions under part E of title IV of the
Social Security Act, so that such children who are in the care of the
State may receive the best care and services possible.
(d) Streamline Data Collection and Reporting.--Section 471(a) of
the Social Security Act (42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33) and
inserting ``; and''; and
(3) by adding at the end the following:
``(34) provides that--
``(A) the records of the agency classify each child
to whom the agency is providing child welfare services
and whom the agency has identified as being a victim of
trafficking (as defined in section 103(14) of the
Trafficking Victims Protection Act of 2000), as a child
trafficking victim, and specify the reasons why the
child is so classified;
``(B) each report submitted by the agency to the
data collection system established under section 479
includes information on each child so classified; and
``(C) the agency shall report the identity of each
child to whom the agency is providing child welfare
services and who is missing or has been abducted,
immediately to appropriate law enforcement agencies for
entry into the National Crime Information Center
database.''.
(e) Documentation of Child Safety and Related Specialized
Services.--Section 475(1) of such Act (42 U.S.C. 675(1)) is amended by
adding at the end the following:
``(H) In the case of a child classified by the
State agency as a victim of trafficking (as defined in
section 103(14) of the Trafficking Victims Protection
Act of 2000), a documentation of the measures taken to
ensure the safety of the child in the placement and of
the extent to which the child is receiving services
designed specifically to meet the needs of trafficked
children, such as intensive case management, mental
health counseling, security services, language, and
cultural competency.''.
(f) Extend Services for Trafficked Youth to Age 21.--Section 477(a)
of such Act (42 U.S.C. 677(a)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) to ensure that each child in foster care and each
former foster care recipient who is a victim of trafficking (as
defined in section 103(14) of the Trafficking Victims
Protection Act of 2000) is able to access the services
described in section 475(1)(H) of this Act until the child
attains 21 years of age.''.
(g) Effective Date.--
(1) In general.--Except as otherwise provided in this
section, this section and the amendments made by this section
shall take effect on January 1, 2012.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under part E of title IV 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 this section, the State
plan shall not be regarded as failing to comply with the
requirements of such part 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 ends
after the 1-year period beginning with the date of the
enactment of this Act. For purposes of the preceding sentence,
in the case of a State that has a 2-year legislative session,
each year of the session is deemed to be a separate regular
session of the State legislature.
SEC. 3. PROVISION OF SERVICES BY CHILD WELFARE AGENCIES TO PREVENT
HUMAN TRAFFICKING OF CHILDREN, AND TO SERVE THE NEEDS OF
CHILDREN WHO ARE VICTIMS OF HUMAN TRAFFICKING.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by section 2(d) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (33);
(2) by striking the period at the end of paragraph (34) and
inserting ``; and''; and
(3) by adding at the end the following:
``(35) not later than January 1, 2013, describes the
practices and future plans of the State child welfare agency
regarding the human trafficking and commercial sexual
exploitation of foreign, United States citizen, and legal
resident children, including--
``(A) collaborations with local and State agencies
and nonprofit organizations to identify and care for
children believed or confirmed to be, or at-risk of
becoming victims of a severe form of human trafficking;
``(B) training for the child welfare employees who
are likely to come into contact with child victims of
human trafficking;
``(C) jurisdictional limits and other issues that
hinder State child welfare response to aid child
victims of human trafficking;
``(D) data collection regarding children identified
by child welfare services as victims of trafficking
and, if known, the relationship between the child and
the exploiter; and
``(E) prevention education to families and at-risk
children, including runaway and homeless youth,
regarding human trafficking and commercial sexual
exploitation.''. | Strengthening the Child Welfare Response to Human Trafficking Act of 2011 - Directs the Secretary of Health and Human Services (HHS) to develop guidelines for use by state child welfare agencies in training appropriate child welfare employees and court employees in identifying, documenting, educating, and counseling children at risk of becoming victims of trafficking or who are human trafficking victims who may need to be in the care of the child welfare system.
Requires the Secretary to develop guidelines that contain recommendations on how state child welfare agencies may prevent children from becoming victims of trafficking, including advice on how state and local law enforcement agencies may collaborate proactively with nonprofit organizations on how to manage cases involving a child who is such a victim.
Requires the Secretary to draft recommendations for state child welfare agencies on how to best update licensing requirements for childcare institutions so that specialized, long-term residential facilities or safe havens serving children who are human trafficking victims can quality as childcare institutions under part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act.
Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require state part E plans to include components that provides that: (1) the records of the agency classify each child to whom the agency is providing child welfare services and whom the agency has identified as being a victim of trafficking, and specify the reasons why the child is so classified; (2) each report submitted by the agency to the data collection system includes information on each child so classified; and (3) the agency shall report immediately to the appropriate law enforcement agencies for entry into the National Crime Information Center database the identity of each missing or abducted child to whom the agency is providing child welfare services.
Includes as part of the case plan for a child classified as a victim of trafficking documentation of the measures taken to ensure the child's safety and of specifically designed services the child is receiving.
Extends to age 21 any services for trafficked youth under the John H. Chafee Foster Care Independence Program.
Requires state part E plans to describe the practices and future plans of the state child welfare agency regarding the human trafficking and commercial sexual exploitation of foreign, U.S. citizen, and legal resident children. | {"src": "billsum_train", "title": "To amend part E of title IV of the Social Security Act to better enable State child welfare agencies to prevent human trafficking of children and serve the needs of children who are victims of human trafficking, and for other purposes."} | 1,769 | 482 | 0.728185 | 2.245345 | 0.775891 | 5.634483 | 3.781609 | 0.949425 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Propane Education and Research Act
of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) propane gas, or liquefied petroleum gas, is an essential
energy commodity providing heat, hot water, cooking fuel, and motor
fuel among its many uses to millions of Americans;
(2) the use of propane is especially important to rural
citizens and farmers, offering an efficient and economical source
of gas energy;
(3) propane has been recognized as a clean fuel and can
contribute in many ways to reducing the pollution in our cities and
towns; and
(4) propane is primarily domestically produced and its use
provides energy security and jobs for Americans.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Council'' means a Propane Education and Research
Council created pursuant to section 4 of this Act;
(2) the term ``industry'' means those persons involved in the
production, transportation, and sale of propane, and in the
manufacture and distribution of propane utilization equipment, in
the United States;
(3) the term ``industry trade association'' means an
organization exempt from tax, under section 501(c) (3) or (6) of
the Internal Revenue Code of 1986, representing the propane
industry;
(4) the term ``odorized propane'' means propane which has had
odorant added to it;
(5) the term ``producer'' means the owner of propane at the
time it is recovered at a gas processing plant or refinery;
(6) the term ``propane'' means a hydrocarbon whose chemical
composition is predominantly C<SUP>3H<SUP>8, whether recovered from
natural gas or crude oil, and includes liquefied petroleum gases
and mixtures thereof;
(7) the term ``public member'' means a member of the Council,
other than a representative of producers or retail marketers,
representing significant users of propane, public safety officials,
academia, the propane research community, or other groups
knowledgeable about propane;
(8) the term ``qualified industry organization'' means the
National Propane Gas Association, the Gas Processors Association, a
successor association of such associations, or a group of retail
marketers or producers who collectively represent at least 25
percent of the volume of propane sold or produced in the United
States;
(9) the term ``retail marketer'' means a person engaged
primarily in the sale of odorized propane to the ultimate consumer
or to retail propane dispensers;
(10) the term ``retail propane dispenser'' means a person who
sells odorized propane to the ultimate consumer but is not engaged
primarily in the business of such sales; and
(11) the term ``Secretary'' means the Secretary of Energy.
SEC. 4. REFERENDA.
(a) Creation of Program.--The qualified industry organizations may
conduct, at their own expense, a referendum among producers and retail
marketers for the creation of a Propane Education and Research Council.
The Council, if established, shall reimburse the qualified industry
organizations for the cost of the referendum accounting and
documentation. Such referendum shall be conducted by an independent
auditing firm agreed to by the qualified industry organizations. Voting
rights in such referendum shall be based on the volume of propane
produced or odorized propane sold in the previous calendar year or
other representative period. Upon approval of those persons
representing two-thirds of the total volume of propane voted in the
retail marketer class and two-thirds of all propane voted in the
producer class, the Council shall be established, and shall be
authorized to levy an assessment on odorized propane in accordance with
section 6. All persons voting in the referendum shall certify to the
independent auditing firm the volume of propane represented by their
vote.
(b) Termination.--On the Council's own initiative, or on petition
to the Council by producers and retail marketers representing 35
percent of the volume of propane in each class, the Council shall, at
its own expense, hold a referendum, to be conducted by an independent
auditing firm selected by the Council, to determine whether the
industry favors termination or suspension of the Council. Termination
or suspension shall not take effect unless it is approved by persons
representing more than one-half of the total volume of odorized propane
in the retail marketer class and more than one-half of the total volume
of propane in the producer class, or is approved by persons
representing more than two-thirds of the total volume of propane in
either such class.
SEC. 5. PROPANE EDUCATION AND RESEARCH COUNCIL.
(a) Selection of Members.--The qualified industry organizations
shall select all retail marketer, public, and producer members of the
Council. The producer organizations shall select the producer members
of the Council, the retail marketer organizations shall select retail
marketer members, and all qualified industry organizations shall
jointly select the public members. Vacancies in unfinished terms of
Council members shall be filled in the same manner as were the original
appointments.
(b) Representation.--In selecting members of the Council, the
qualified industry organizations shall give due regard to selecting a
Council that is representative of the industry, including
representation of--
(1) gas processors and oil refiners among producers;
(2) interstate and intrastate operators among retail marketers;
(3) large and small companies among producers and retail
marketers, including agricultural cooperatives; and
(4) diverse geographic regions of the country.
(c) Membership.--The Council shall consist of 21 members, with 9
members representing retail marketers, 9 members representing
producers, and 3 public members. Other than the public members, Council
members shall be full-time employees or owners of businesses in the
industry or representatives of agricultural cooperatives. No employee
of a qualified industry organization or other industry trade
association shall serve as a member of the Council, and no member of
the Council may serve concurrently as an officer of the Board of
Directors of a qualified industry organization or other industry trade
association. Only one person at a time from any company or its
affiliate may serve on the Council.
(d) Compensation.--Council members shall receive no compensation
for their services, nor shall Council members be reimbursed for
expenses relating to their service, except that public members, upon
request, may be reimbursed for reasonable expenses directly related to
their participation in Council meetings.
(e) Terms.--Council members shall serve terms of 3 years and may
serve not more than 2 full consecutive terms. Members filling unexpired
terms may serve not more than a total of 7 consecutive years. Former
members of the Council may be returned to the Council if they have not
been members for a period of 2 years. Initial appointments to the
Council shall be for terms of 1, 2, and 3 years, staggered to provide
for the selection of 7 members each year.
(f) Functions.--The Council shall develop programs and projects and
enter into contracts or agreements for implementing this Act, including
programs to enhance consumer and employee safety and training, to
provide for research and development of clean and efficient propane
utilization equipment, to inform and educate the public about safety
and other issues associated with the use of propane, and to provide for
the payment of the costs thereof with funds collected pursuant to this
Act. The Council shall coordinate its activities with industry trade
association and others as appropriate to provide efficient delivery of
services and to avoid unnecessary duplication of activities.
(g) Use of Funds.--Not less than 5 percent of the funds collected
through assessments pursuant to this Act shall be used for programs and
projects intended to benefit the agriculture industry in the United
States. The Council shall coordinate its activities in this regard with
agriculture industry trade associations and other organizations
representing the agriculture industry. The percentage of funds
collected through assessments pursuant to this Act to be used for
projects relating to the use of propane as an over-the-road motor fuel
shall not exceed the percentage of the total market for odorized
propane that is used as a motor vehicle fuel, based on the historical
average of such use over the previous 3-year period.
(h) Priorities.--Issues related to research and development,
safety, education, and training shall be given priority by the Council
in the development of its programs and projects.
(i) Administration.--The Council shall select from among its
members a Chairman and other officers as necessary, may establish
committees and subcommittees of the Council, and shall adopt rules and
bylaws for the conduct of business and the implementation of this Act.
The Council shall establish procedures for the solicitation of industry
comment and recommendations on any significant plans, programs, and
projects to be funded by the Council. The Council may establish
advisory committees of persons other than Council members.
(j) Administrative Expenses.--(1) The administrative expenses of
operating the Council (not including costs incurred in the collection
of the assessment pursuant to section 7) plus amounts paid under
paragraph (2) shall not exceed 10 percent of the funds collected in any
fiscal year.
(2) The Council shall annually reimburse the Secretary for costs
incurred by the Federal Government relating to the Council, except that
such reimbursement for any fiscal year shall not exceed the amount that
the Secretary determines is the average annual salary of two employees
of the Department of Energy.
(k) Budget.--Before August 1 each year, the Council shall publish
for public review and comment a budget plan for the next calendar year,
including the probable costs of all programs, projects, and contracts
and a recommended rate of assessment sufficient to cover such costs.
Following this review and comment, the Council shall submit the
proposed budget to the Secretary and to the Congress. The Secretary may
recommend programs and activities the Secretary considers appropriate.
(l) Records; Audits.--The Council shall keep minutes, books, and
records that clearly reflect all of the acts and transactions of the
Council and make public such information. The books of the Council
shall be audited by a certified public accountant at least once each
fiscal year and at such other times as the Council may designate.
Copies of such audit shall be provided to all members of the Council,
all qualified industry organizations, and to other members of the
industry upon request. The Secretary shall receive notice of meetings
and may require reports on the activities of the Council, as well as
reports on compliance, violations, and complaints regarding the
implementation of this Act.
(m) Public Access To Council Proceedings.--(1) All meetings of the
Council shall be open to the public after at least 30 days advance
public notice.
(2) The minutes of all meetings of the Council shall be made
available to and readily accessible by the public.
(n) Annual Report.--Each year the Council shall prepare and make
publicly available a report which includes an identification and
description of all programs and projects undertaken by the Council
during the previous year as well as those planned for the coming year.
Such report shall also detail the allocation or planned allocation of
Council resources for each such program and project.
SEC. 6. ASSESSMENTS.
(a) Amount.--The Council shall set the initial assessment at no
greater than one tenth of 1 cent per gallon of odorized propane.
Thereafter, annual assessments shall be sufficient to cover the costs
of the plans and programs developed by the Council. The assessment
shall not be greater than one-half cent per gallon of odorized propane,
unless approved by a majority of those voting in a referendum in both
the producer and the retail marketer class. In no case may the
assessment be raised by more than one tenth of 1 cent per gallon of
odorized propane annually.
(b) Ownership.--The owner of odorized propane at the time of
odorization, or the time of import of odorized propane, shall make the
assessment based on the volume of odorized propane sold and placed into
commerce. Assessments collected are payable to the Council on a monthly
basis by the 25th of the month following the month of such collection.
Propane exported from the United States to another country is not
subject to the assessment.
(c) Alternative Collection Rules.--The Council may establish an
alternative means of collecting the assessment if another means is
found to be more efficient and effective. The Council may establish a
late payment charge and rate of interest to be imposed on any person
who fails to remit or pay to the Council any amount due under this Act.
(d) Investment of Funds.--Pending disbursement pursuant to a
program, plan, or project, the Council may invest funds collected
through assessments, and any other funds received by the Council, only
in obligations of the United States or any agency thereof, in general
obligations of any State or any political subdivision thereof, in any
interest-bearing account or certificate of deposit of a bank that is a
member of the Federal Reserve System, or in obligations fully
guaranteed as to principal and interest by the United States.
(e) State Programs.--The Council shall establish a program
coordinating the operation of the Council with those of any State
propane education and research council created by State law or
regulation, or similar entity. Such coordination shall include a joint
or coordinated assessment collection process, a reduced assessment, or
an assessment rebate. A reduced assessment or rebate shall be 20
percent of the regular assessment collected in that State under this
section. Assessment rebates shall be paid only to--
(1) a State propane education and research council created by
State law or regulation that meets requirements established by the
Council for specific programs approved by the Council; or
(2) a similar entity, such as a foundation established by the
retail propane gas industry in that State, that meets requirements
established by the Council for specific programs approved by the
Council.
SEC. 7. COMPLIANCE.
The Council may bring suit in Federal court to compel compliance
with an assessment levied by the Council under this Act. A successful
action for compliance under this section may also require payment by
the defendant of the costs incurred by the Council in bringing such
action.
SEC. 8. LOBBYING RESTRICTIONS.
No funds collected by the Council shall be used in any manner for
influencing legislation or elections, except thatthe Council may
recommend to the Secretary changes in this Act or other statutes that
would further the purposes of this Act.
SEC. 9. MARKET SURVEY AND CONSUMER PROTECTION.
(a) Price Analysis.--Beginning 2 years after establishment of the
Council and annually thereafter, the Secretary of Commerce, using only
data provided by the Energy Information Administration and other public
sources, shall prepare and make available to the Council, the Secretary
of Energy, and the public an analysis of changes in the price of
propane relative to other energy sources. The propane price analysis
shall compare indexed changes in the price of consumer grade propane to
a composite of indexed changes in the price of residential electricity,
residential natural gas, and refiner price to end users of No. 2 fuel
oil on an annual national average basis. For purposes of indexing
changes in consumer grade propane, residential electricity, residential
natural gas, and end user No. 2 fuel oil prices, the Secretary of
Commerce shall use a 5-year rolling average price beginning with the
year 4 years prior to the establishment of the Council.
(b) Authority To Restrict Activities.--If in any year the 5-year
average rolling price index of consumer grade propane exceeds the 5-
year rolling average price composite index of residential electricity,
residential natural gas, and refiner price to end users of No. 2 fuel
oil in an amount greater than 10.1 percent, the activities of the
Council shall be restricted to research and development, training, and
safety matters. The Council shall inform the Secretary of Energy and
the Congress of any restriction of activities under this subsection.
Upon expiration of 180 days after the beginning of any such restriction
of activities, the Secretary of Commerce shall again conduct the
propane price analysis described in subsection (a). Activities of the
Council shall continue to be restricted under this subsection until the
price index excess is 10.1 percent or less.
SEC. 10. PRICING.
In all cases, the price of propane shall be determined by market
forces. Consistent with the antitrust laws, the Council may take no
action, nor may any provision of this Act be interpreted as
establishing an agreement to pass along to consumers the cost of the
assessment provided for in section 6.
SEC. 11. RELATION TO OTHER PROGRAMS.
Nothing in this Act may be construed to preempt or supersede any
other program relating to propane education and research organized and
operated under the laws of the United States or any State.
SEC. 12. REPORTS.
Within 2 years after the date of enactment of this Act, and at
least once every 2 years thereafter, the Secretary of Commerce shall
prepare and submit to the Congress and the Secretary a report examining
whether operation of the Council, in conjunction with the cumulative
effects of market changes and Federal programs, has had an effect on
propane consumers, including residential, agriculture, process, and
nonfuel users of propane. The Secretary of Commerce shall consider and,
to the extent practicable, shall include in the report submissions by
propane consumers, and shall consider whether there have been long-term
and short-term effects on propane prices as a result of Council
activities and Federal programs, and whether there have been changes in
the proportion of propane demand attributable to various market
segments. To the extent that the report demonstrates that there has
been an adverse effect, the Secretary of Commerce shall include
recommendations for correcting the situation. Upon petition by affected
parties or upon request by the Secretary of Energy, the Secretary of
Commerce may prepare and submit the report required by this section at
less than 2-year intervals.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Propane Education and Research Act of 1996 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council.
Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act.
Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not more than the average annual salary of two Department of Energy employees.
Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs.
Directs the Council to establish a program to coordinate its operations with any State propane education and research council.
Prohibits Council funds from being used for lobbying activities.
Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil.
Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers.
Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs. | {"src": "billsum_train", "title": "Propane Education and Research Act of 1996"} | 3,819 | 491 | 0.652053 | 2.115383 | 0.777823 | 5.601307 | 8.039216 | 0.943355 |
SECTION 1. LIMITATIONS OF HEALTH CARE COVERAGE FOR MEMBERS OF CONGRESS.
(a) Findings.--The Congress finds that--
(1) an estimated 81,000,000 United States citizens suffer
from some type of preexisting medical condition that could make
it difficult to obtain health coverage, especially for that
condition;
(2) millions of citizens are at risk of being subjected to
preexisting condition exclusions under current law because they
change jobs, lose jobs, or work for employers who change
insurance policies;
(3) Members of Congress may--
(A) choose to receive a health plan through the
Federal Employees Health Benefits Program; and
(B) enroll in a plan without facing restrictions
because of health status or preexisting medical
conditions;
(4) health care coverage for Members of Congress under such
program--
(A) is portable because Members can change plans
without worry of preexisting condition exclusions or
waiting periods; and
(B) cannot be canceled and is required to be
renewed;
(5) Members of Congress are often eligible to continue to
receive health care through the Federal Employees Health
Benefits Program after they leave Congress; and
(6) Congress should pass legislation to ensure health
insurance portability for United States citizens.
(b) Ending Health Insurance Portability and Other Protections for
Members of Congress.--
(1) In general.--Section 8902 of title 5, United States
Code, is amended by adding at the end the following new
subsection:
``(o)(1) Notwithstanding subsection (f) or (h), or any other
provision of this chapter, a contract for a plan under this chapter
shall provide that a carrier may--
``(A) include in a plan offered to an individual described
under paragraph (2) preexisting condition exclusions and impose
a limitation or exclusion of benefits relating to treatment of
a preexisting condition based on the fact that the condition
existed prior to enrollment;
``(B) exclude from enrollment an individual described under
paragraph (2) due to health status or preexisting condition; or
``(C) refuse to renew the health plan of an individual
described under paragraph (2) due to health status or
preexisting condition.
``(2) Paragraph (1) shall apply with respect to the health status
or preexisting condition of a member of family of an individual
described under paragraph (3).
``(3) An individual referred to under paragraphs (1) and (2) is--
``(A) a Member of Congress; or
``(B) an annuitant who on the date immediately preceding
the date of retirement described under section 8901(3)(A) was a
Member of Congress.
``(4) This subsection shall cease to be effective on and after the
date on which the Director of the Office of Personnel Management has
received certification from the Secretary of Labor that a statute has
been enacted into law that--
``(A) makes health coverage for United States citizens
portable by limiting exclusions for preexisting conditions;
``(B) guarantees availability of health insurance to United
States citizens; and
``(C) guarantees renewability of health coverage to
employers and individuals as long as premiums are paid.''.
(2) Effective date.--This subsection shall take effect 30
days after the date of the enactment of this section.
(c) Elimination of Coverage for Departing Members of Congress.--
Section 8905 of title 5, United States Code, is amended--
(1) in subsection (b) by striking ``An annuitant'' and
inserting ``Subject to subsection (g), an annuitant''; and
(2) by adding at the end the following new subsection:
``(g)(1) This section shall not apply to any annuitant who--
``(A) on the date immediately preceding the date of
retirement described under section 8901(3)(A) was a Member of
Congress; and
``(B) becomes an annuitant on or after the date which
occurs 30 days after the date of the enactment of this
subsection.
``(2) This subsection shall cease to be effective on and after the
date on which the Director of the Office of Personnel Management has
received certification from the Secretary of Labor that a statute has
been enacted into law that--
``(A) makes health coverage for United States citizens
portable by limiting exclusions for preexisting conditions;
``(B) guarantees availability of health insurance to United
States citizens; and
``(C) guarantees renewability of health coverage to
employers and individuals as long as premiums are paid.''. | Amends Federal law to require that a contract for a health insurance plan offered to a Member of Congress or a former Member of Congress shall provide that a carrier may: (1) include preexisting condition exclusions and impose a limitation or exclusion of benefits relating to treatment based on the fact that the condition existed prior to enrollment; (2) exclude an individual from enrollment due to health status or preexisting condition; or (3) refuse to renew the health plan of an individual due to health status or preexisting condition.
Eliminates coverage for departing Members of Congress. Repeals all of the above on and after the date on which a statute has been enacted that: (1) makes health coverage for U.S. citizens portable by limiting exclusions for preexisting conditions; (2) guarantees availability of health insurance to U.S. citizens; and (3) guarantees renewability of health insurance coverage to employers and individuals. | {"src": "billsum_train", "title": "A bill to amend chapter 89 of title 5, United States Code, to end health insurance portability for Members of Congress and eliminate continued coverage for departing Members of Congress until health insurance portability for other United States citizens is enacted into law, and for other purposes."} | 992 | 199 | 0.660645 | 1.834491 | 0.975749 | 4.41954 | 5.431034 | 0.925287 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sole Community Hospital Preservation
Act of 2005''.
SEC. 2. PERMANENT HOLD HARMLESS FOR SOLE COMMUNITY HOSPITALS UNDER THE
PROSPECTIVE PAYMENT SYSTEM FOR HOSPITAL OUTPATIENT
DEPARTMENT SERVICES UNDER THE MEDICARE PROGRAM.
Section 1833(t)(7)(D) of the Social Security Act (42 U.S.C.
1395l(t)(7)(D)) is amended by adding at the end the following new
clause:
``(iii) Permanent hold harmless for sole
community hospitals.--In the case of a sole
community hospital (as defined in section
1886(d)(5)(D)(iii)), for covered OPD services
furnished after December 31, 2005, for which
the PPS amount is less than the pre-BBA amount,
the amount of payment under this subsection
shall be increased by the amount of such
difference.''.
SEC. 3. ESTABLISHMENT OF MINIMUM BASE PAYMENT-TO-COST RATIO FOR
DETERMINATION OF PRE-BBA AMOUNT FOR SOLE COMMUNITY
HOSPITALS.
(a) Minimum Base Payment-to-Cost Ratio.--Section 1833(t)(7)(F)(ii)
of the Social Security Act (42 U.S.C. 1395l(t)(7)(F)(ii)) is amended by
adding at the end the following new sentence: ``Notwithstanding the
previous sentence, in determining the pre-BBA amount for covered OPD
services furnished by a sole community hospital (as defined in section
1886(d)(5)(D)(iii)), the Secretary shall substitute a minimum base
payment-to-cost ratio if such substitution results in a greater amount
of payment for such services under this subsection furnished by the
sole community hospital. For purposes of the preceding sentence, a
minimum base payment-to-cost ratio is equal to the 75th percentile of
the payment-to-cost ratios for fiscal year 1996 of all hospitals with a
designation as a sole community hospital in effect during fiscal year
2004 (as determined by the Secretary).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to covered OPD services furnished on or after January 1, 2006.
SEC. 4. REBASING FOR SOLE COMMUNITY HOSPITALS.
(a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security
Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the
following new subparagraph:
``(K)(i) For cost reporting periods beginning on or after October
1, 2005, in the case of a sole community hospital there shall be
substituted for the amount otherwise determined under subsection
(d)(5)(D)(i) of this section, if such substitution results in a greater
amount of payment under this section for the hospital--
``(I) with respect to discharges occurring in fiscal year
2006, 75 percent of the subsection (d)(5)(D)(i) amount (as
described in subparagraph (I)(i)(I)) and 25 percent of the
subparagraph (K) rebased target amount (as defined in clause
(ii));
``(II) with respect to discharges occurring in fiscal year
2007, 50 percent of the subsection (d)(5)(D)(i) amount and 50
percent of the subparagraph (K) rebased target amount;
``(III) with respect to discharges occurring in fiscal year
2008, 25 percent of the subsection (d)(5)(D)(i) amount and 75
percent of the subparagraph (K) rebased target amount; and
``(IV) with respect to discharges occurring after fiscal
year 2008, 100 percent of the subparagraph (K) rebased target
amount.
``(ii) For purposes of this subparagraph, the `subparagraph (K)
rebased target amount' has the meaning given the term `target amount'
in subparagraph (C), except that--
``(I) there shall be substituted for the base cost
reporting period the 12-month cost reporting period beginning
during fiscal year 2000 or 2001, whichever results in the
greater amount of payment under this section for the hospital;
``(II) any reference in subparagraph (C)(i) to the `first
cost reporting period' described in such subparagraph is deemed
a reference to the first cost reporting period beginning on or
after October 1, 2005; and
``(III) the applicable percentage increase shall only be
applied under subparagraph (C)(iv) for discharges occurring in
fiscal years beginning with fiscal year 2007.''.
(b) Conforming Amendments.--Section 1886(b)(3) of such Act (42
U.S.C. 1395ww(b)(3)) is amended--
(1) in subparagraph (C), by inserting ``and subparagraph
(K)'' after ``subject to subparagraph (I)'' in the matter
preceding clause (i); and
(2) in subparagraph (I)(i)--
(A) by striking ``For'' in the matter preceding
subclause (I) and inserting ``Subject to subparagraph
(K), for''; and
(B) in subclause (I), by inserting ``and
subparagraph (K)'' after ``referred to in this
clause''. | Sole Community Hospital Preservation Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system (PPS) for hospital outpatient department (OPD) services, particularly the transitional adjustment for sole community hospitals to limit any decline in payment. Holds sole community hospitals permanently harmless from any decline in payment. Increases the payment for covered OPD services in a sole community hospital by the amount of any difference between the pre-Balanced Budget Act of 1997 (pre-BBA) amount and a lesser PPS amount.
Directs the Secretary of Health and Human Services to substitute a specified minimum base payment-to-cost ratio for determining the pre-BBA amount for sole community hospitals.
Specifies the rebasing of the payment -to-cost ratio for sole community hospitals for cost reporting periods beginning on or after October 1, 2005. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to extend and improve protections for sole community hospitals under the Medicare Program."} | 1,281 | 196 | 0.662492 | 1.790214 | 0.829369 | 3.090909 | 6.018182 | 0.860606 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death Tax Repeal Act of 2013''.
SEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES.
(a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 2210. TERMINATION.
``(a) In General.--Except as provided in subsection (b), this
chapter shall not apply to the estates of decedents dying on or after
the date of the enactment of the Death Tax Repeal Act of 2013.
``(b) Certain Distributions From Qualified Domestic Trusts.--In
applying section 2056A with respect to the surviving spouse of a
decedent dying before the date of the enactment of the Death Tax Repeal
Act of 2013--
``(1) section 2056A(b)(1)(A) shall not apply to
distributions made after the 10-year period beginning on such
date, and
``(2) section 2056A(b)(1)(B) shall not apply on or after
such date.''.
(b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of
chapter 13 of subtitle B of such Code is amended by adding at the end
the following new section:
``SEC. 2664. TERMINATION.
``This chapter shall not apply to generation-skipping transfers on
or after the date of the enactment of the Death Tax Repeal Act of
2013.''.
(c) Conforming Amendments.--
(1) The table of sections for subchapter C of chapter 11 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``Sec. 2210. Termination.''.
(2) The table of sections for subchapter G of chapter 13 of
such Code is amended by adding at the end the following new
item:
``Sec. 2664. Termination.''.
(d) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and generation-skipping
transfers, after the date of the enactment of this Act.
SEC. 3. MODIFICATIONS OF GIFT TAX.
(a) Computation of Gift Tax.--Subsection (a) of section 2502 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Computation of Tax.--
``(1) In general.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to the excess of--
``(A) a tentative tax, computed under paragraph
(2), on the aggregate sum of the taxable gifts for such
calendar year and for each of the preceding calendar
periods, over
``(B) a tentative tax, computed under paragraph
(2), on the aggregate sum of the taxable gifts for each
of the preceding calendar periods.
``(2) Rate schedule.--
``If the amount with respect to which The tentative tax is:
the tentative tax to be computed is:.
Not over $10,000....................... 18% of such amount.
Over $10,000 but not over $20,000...... $1,800, plus 20% of the excess
over $10,000.
Over $20,000 but not over $40,000...... $3,800, plus 22% of the excess
over $20,000.
Over $40,000 but not over $60,000...... $8,200, plus 24% of the excess
over $40,000.
Over $60,000 but not over $80,000...... $13,000, plus 26% of the excess
over $60,000.
Over $80,000 but not over $100,000..... $18,200, plus 28% of the excess
over $80,000.
Over $100,000 but not over $150,000.... $23,800, plus 30% of the excess
over $100,000.
Over $150,000 but not over $250,000.... $38,800, plus 32% of the excess
of $150,000.
Over $250,000 but not over $500,000.... $70,800, plus 34% of the excess
over $250,000.
Over $500,000.......................... $155,800, plus 35% of the
excess of $500,000.''.
(b) Treatment of Certain Transfers in Trust.--Section 2511 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(c) Treatment of Certain Transfers in Trust.--Notwithstanding any
other provision of this section and except as provided in regulations,
a transfer in trust shall be treated as a taxable gift under section
2503, unless the trust is treated as wholly owned by the donor or the
donor's spouse under subpart E of part I of subchapter J of chapter
1.''.
(c) Lifetime Gift Exemption.--
(1) In general.--Paragraph (1) of section 2505(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) the amount of the tentative tax which would be
determined under the rate schedule set forth in section
2502(a)(2) if the amount with respect to which such tentative
tax is to be computed were $5,000,000, reduced by''.
(2) Inflation adjustment.--Section 2505 of such Code is
amended by adding at the end the following new subsection:
``(d) Inflation Adjustment.--
``(1) In general.--In the case of any calendar year after
2011, the dollar amount in subsection (a)(1) shall be increased
by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 2010' for `calendar year
1992' in subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10,000, such amount shall be rounded
to the nearest multiple of $10,000.''.
(d) Conforming Amendments.--
(1) Section 2505(a) of such Code is amended by striking the
last sentence.
(2) The heading for section 2505 of such Code is amended by
striking ``unified''.
(3) The item in the table of sections for subchapter A of
chapter 12 of such Code relating to section 2505 is amended to
read as follows:
``Sec. 2505. Credit against gift tax.''.
(e) Effective Date.--The amendments made by this section shall
apply to gifts made on or after the date of the enactment of this Act.
(f) Transition Rule.--
(1) In general.--For purposes of applying sections 1015(d),
2502, and 2505 of the Internal Revenue Code of 1986, the
calendar year in which this Act is enacted shall be treated as
2 separate calendar years one of which ends on the day before
the date of the enactment of this Act and the other of which
begins on such date of enactment.
(2) Application of section 2504(b).--For purposes of
applying section 2504(b) of the Internal Revenue Code of 1986,
the calendar year in which this Act is enacted shall be treated
as one preceding calendar period. | Death Tax Repeal Act of 2013 - Amends the Internal Revenue Code to: (1) repeal the estate and generation-skipping transfer taxes, and (2) make permanent the maximum 35% gift tax rate and a $5 million lifetime gift tax exemption. Provides for an inflation adjustment to such exemption amount. | {"src": "billsum_train", "title": "Death Tax Repeal Act of 2013"} | 1,605 | 64 | 0.541297 | 1.248317 | 0.010844 | 2.616667 | 24.3 | 0.85 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) A native of New Jersey, Jerry Lewis is a gifted
comedian and has been a fixture in the entertainment community
for more than 5 decades.
(2) Born Joseph Levitch on March 16, 1926, in Newark, New
Jersey, Jerry Lewis began his career by performing in local
nightclubs.
(3) With his hope of breaking into show business fading,
Jerry Lewis was encouraged by his fellow comedians to continue
his act, and soon thereafter, he formed a show business
partnership with Dean Martin that would skyrocket both to fame.
While performing with Martin in New York City, the pair was
approached by a motion picture executive who offered them a
contract with Paramount Pictures. They went on to make 16 major
motion pictures during their 10-year partnership.
(4) Jerry Lewis' talent and enthusiasm kept America
laughing during some of the most turbulent periods in our
history, World War II, the Cold War, and the assassinations of
President John F. Kennedy and Dr. Martin Luther King, Jr. One
of the most successful performers in show business, Jerry Lewis
has received worldwide acclaim for his unique ability and style
with both comedy and drama. He has been the star of stage,
screen, radio, television, print, and recordings. He is
considered among the elite in the history of comedy.
(5) But aside from his comic persona, Jerry Lewis has been
an active champion for the Muscular Dystrophy Association (MDA)
since the early 1950s. In 1966, he began the ``Jerry Lewis MDA
Labor Day Telethon,'' an annual television program that
benefits children and adults affected by muscular dystrophy and
related neuromuscular diseases. Now in its 41st year, the show,
which is broadcast on some 200 stations nationwide, including
Puerto Rico, and worldwide on the Internet, raises tens of
millions of dollars annually.
(6) Jerry Lewis summed up why he devotes so much of his
time and energy to this cause with the words: ``I shall pass
through this world but once. Any good, therefore, that I can do
or any kindness that I can show to any human being let me do it
now. Let me not defer nor neglect it, for I shall not pass this
way again.''.
(7) Jerry Lewis has received numerous awards for his
outstanding service to our Nation. He was nominated for the
Nobel Peace Prize for his dedication to the Muscular Dystrophy
Association.
(8) In June of 1978, the communications industry honored
Jerry Lewis with the National Association of Television Program
Executives Award of the Year for his humanitarian efforts in
raising funds to combat neuromuscular diseases. Among his
numerous awards are induction into the French Legion of Honor
as ``Legion Commander,'' the Murray-Green Award for Community
Service, the highest honor that the AFL-CIO bestows upon an
individual, the American Medical Association Lifetime
Achievement Award, and the Governor's Award (Emmy) from the
Academy of Television Arts and Sciences.
(9) In September of 1976, the United States Senate
unanimously adopted a resolution expressing their appreciation
of his philanthropic endeavors and in particular his fight to
find a cure for muscular dystrophy. In February 2001, Jerry
Lewis led a delegation of MDA scientists and clients to testify
before a subcommittee of the United States Senate resulting in
the introduction and subsequent passage of the MD-Care Act
(Public Law 107-84; 115 Stat. 823), a first step toward
securing a dramatic boost in Federal funding for research into
all forms of muscular dystrophy.
(10) Joining the ranks of distinguished Congressional Gold
Medal recipients would be a fitting accolade to this consummate
entertainer, world-renowned humanitarian and ``living legend''
who has served for some 5 decades as National Chairman of the
Muscular Dystrophy Association.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President Pro Tempore of the
Senate and the Speaker of the House of Representatives are authorized
to make appropriate arrangements for the presentation, on behalf of
Congress, of a gold medal of appropriate design to Jerry Lewis, in
recognition of his outstanding service to the Nation.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck pursuant to section 2 at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. STATUS AS NATIONAL MEDALS.
(a) National Medals.--The medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck pursuant to this Act
shall be considered numismatic items.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There are authorized to be
charged against the United States Mint Public Enterprise Fund, such
sums as may be necessary to pay for the cost of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund. | Authorizes the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to comedian Jerry Lewis in recognition of his outstanding service to the Nation. | {"src": "billsum_train", "title": "A bill to authorize Congress to award a gold medal to Jerry Lewis, in recognition of his outstanding service to the Nation."} | 1,279 | 56 | 0.432246 | 1.309489 | 0.244752 | 8.3 | 23.4 | 0.98 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Trade With Cuba Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) with the end of the Cold War and the collapse of the
Soviet Union, Cuba is no longer a threat to the United States
or the Western Hemisphere;
(2) the continuation of the embargo on trade between the
United States and Cuba that was declared in February of 1962 is
counterproductive, adding to the hardships of the Cuban people
while making the United States the scapegoat for the failures
of the communist system;
(3) in the former Soviet Union, the Eastern bloc countries,
China, and Vietnam, the United States is using economic,
cultural, academic, and scientific engagement to support its
policy of promoting democratic and human rights reforms; and
(4) the United States can best support democratic change in
Cuba by promoting trade and commerce, travel, communications,
and cultural, academic, and scientific exchanges.
SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS
WITH CUBA.
(a) Authority for Embargo and Sugar Quota.--Section 620(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.
(b) Trading With the Enemy Act.--The authorities conferred upon the
President by section 5(b) of the Trading With the Enemy Act, which were
being exercised with respect to Cuba on July 1, 1977, as a result of a
national emergency declared by the President before that date, and are
being exercised on the day before the effective date of this Act, may
not be exercised on or after such effective date with respect to Cuba.
Any regulations in effect on the day before such effective date
pursuant to the exercise of such authorities, shall cease to be
effective on such date.
(c) Exercise of Authorities Under Other Provisions of Law.--
(1) Removal of prohibitions.--Any prohibition on exports to
Cuba that is in effect on the day before the effective date of
this Act under the Export Administration Act of 1979 shall
cease to be effective on such effective date.
(2) Authority for new restrictions.--The President may, on
and after the effective date of this Act--
(A) impose export controls with respect to Cuba
under section 5, 6(j), 6(l), or 6(m) of the Export
Administration Act of 1979, and
(B) exercise the authorities he has under the
International Emergency Economic Powers Act with
respect to Cuba pursuant to a declaration of national
emergency required by that Act that is made on account
of an unusual and extraordinary threat, that did not
exist before the enactment of this Act, to the national
security, foreign policy, or economy of the United
States.
(d) Cuban Democracy Act.--The Cuban Democracy Act (title XVII of
Public Law 102-484) is repealed.
(e) Termination of Denial of Foreign Tax Credit With Respect to
Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue
Code of 1986 (relating to denial of foreign tax credit, etc., with
respect to certain foreign countries) is amended by adding at the end
thereof the following new flush sentence:
``Notwithstanding the preceding sentence, this
subsection shall not apply to Cuba after the date which
is 60 days after the date of the enactment of this
sentence.''.
SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.
Any common carrier within the meaning of section 3 of the
Communications Act of 1934 (47 U.S.C. 153) is authorized to install,
maintain, and repair telecommunications equipment and facilities in
Cuba, and otherwise provide telecommunications services between the
United States and Cuba. The authority of this section includes the
authority to upgrade facilities and equipment.
SEC. 5. TRAVEL.
(a) In General.--Travel to and from Cuba by individuals who are
citizens or residents of the United States, and any transactions
ordinarily incident to such travel, may not be regulated or prohibited
if such travel would be lawful in the United States.
(b) Transactions Incident to Travel.--Any transactions ordinarily
incident to travel which may not be regulated or prohibited under
subsection (a) include, but are not limited to--
(1) transactions ordinarily incident to travel or
maintenance in Cuba; and
(2) normal banking transactions involving foreign currency
drafts, traveler's checks, or other negotiable instruments
incident to such travel.
SEC. 6. DIRECT MAIL DELIVERY TO CUBA.
The United States Postal Service shall take such actions as are
necessary to provide direct mail service to and from Cuba, including,
in the absence of common carrier service between the 2 countries, the
use of charter providers.
SEC. 7. NEGOTIATIONS WITH CUBA.
(a) Negotiations.--The President should take all necessary steps to
conduct negotiations with the Government of Cuba--
(1) for the purpose of settling claims of nationals of the
United States against the Government of Cuba for the taking of
property by such government; and
(2) for the purpose of securing the protection of
internationally recognized human rights.
(b) Definitions.--As used in this section, the terms ``national of
the United States'' and ``property'' have the meanings given those
terms in section 502 of the International Claims Settlement Act of 1949
(22 U.S.C. 1643a).
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act. | Free Trade With Cuba Act - Amends the Foreign Assistance Act of 1961 to repeal the embargo on trade with Cuba.
(Sec. 3) Prohibits the exercise by the President with respect to Cuba of certain authorities conferred by the Trading With the Enemy Act and exercised on July 1, 1977, as a result of a specified national emergency. Declares that any prohibition on exports to Cuba under the Export Administration Act of 1979 shall cease to be effective. Authorizes the President to impose export controls with respect to Cuba and exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security that did not exist before enactment of this Act.
Repeals the Cuban Democracy Act.
Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to Cuba.
(Sec. 4) Authorizes common carriers to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba.
(Sec. 5) Prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents, or of any transactions incident to travel.
(Sec. 6) Directs the U.S. Postal Service to provide direct mail service to and from Cuba.
(Sec. 7) Urges the President to take all necessary steps to conduct negotiations with the Government of Cuba to: (1) settle claims of U.S. nationals against Cuba for the taking of property; and (2) secure protection of internationally recognized human rights. | {"src": "billsum_train", "title": "Free Trade With Cuba Act"} | 1,254 | 353 | 0.580026 | 1.763086 | 0.826072 | 3.909396 | 3.765101 | 0.916107 |
SECTION 1. PARTICIPATION OF TAIWAN IN THE WORLD HEALTH ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) The World Health Organization (WHO) is a specialized
agency of the United Nations, charged with coordinating health
efforts within the United Nations system. The World Health
Assembly (WHA) is the decision-making body of the WHO, which
convenes annually in May to set the policies and priorities of
the organization. Statehood is not a requirement for attendance
at the WHA, and numerous observers, including non-members and
non-governmental organizations, attended the most recent WHA in
May 2017.
(2) Taiwan began seeking to participate in the WHO as an
observer in 1997. In 2009, with strong support from successive
United States Administrations, Congress, and like-minded WHO
Member States, and during a period of improved Cross-Strait
relations, Taiwan received an invitation to attend the WHA as
an observer under the name ``Chinese Taipei''. Taiwan received
the same invitation each year until 2016, when following the
election of President Tsai-Ing Wen of the Democratic
Progressive Party, Taiwan's engagement in the international
community began facing increased resistance from the People's
Republic of China (PRC). Taiwan's invitation to the 2016 WHA
was received late and included new language conditioning
Taiwan's participation on the PRC's ``one China principle''. In
2017, Taiwan did not receive an invitation to the WHA.
(3) Taiwan remains a model contributor to world health,
having provided financial and technical assistance to respond
to numerous global health challenges. Taiwan has invested over
$6 billion in international medical and humanitarian aid
efforts impacting over 80 countries since 1996. In 2014, Taiwan
responded to the Ebola crisis by donating $1 million and
providing 100,000 sets of personal protective equipment.
Through the Global Cooperation and Training Framework, the
United States and Taiwan have jointly conducted training
programs for experts to combat MERS, Dengue Fever, and Zika.
These diseases know no borders, and Taiwan's needless exclusion
from global health cooperation increases the dangers presented
by global pandemics.
(4) Taiwan's international engagement has faced increased
resistance from the PRC. Taiwan was not invited to the 2016
Assembly of the International Civil Aviation Organization
(ICAO), despite participating as a guest at the organization's
prior summit in 2013. Taiwan's request to participate in the
2016 General Assembly of the International Criminal Police
Organization (INTERPOL) was also rejected. In May 2017, PRC
delegates disrupted a meeting of the Kimberley Process on
conflict diamonds held in Perth, Australia, until delegates
from Taiwan were asked to leave. In June 2017, the Republic of
Panama granted diplomatic recognition to the PRC, terminating a
longstanding diplomatic relationship with Taiwan.
(5) Congress has established a policy of support for
Taiwan's participation in international bodies that address
shared transnational challenges, particularly in the WHO.
Congress passed H.R. 1794 in the 106th Congress, H.R. 428 in
the 107th Congress, and S. 2092 in the 108th Congress to direct
the Secretary of State to establish a strategy for, and to
report annually to Congress on, efforts to obtain observer
status for Taiwan at the WHA. Congress also passed H.R. 1151 in
the 113th Congress, directing the Secretary to report on a
strategy to gain observer status for Taiwan at the ICAO
Assembly, and H.R. 1853 in the 114th Congress, directing the
Secretary to report on a strategy to gain observer status for
Taiwan at the INTERPOL Assembly. However, in 2016 Taiwan did
not receive invitations to attend any of these events as an
observer.
(b) Augmentation of Report Concerning the Participation of Taiwan
in the World Health Organization.--
(1) In general.--Subsection (c) of section 1 of Public Law
108-235 (118 Stat. 656) is amended by adding at the end the
following new paragraph:
``(3) An account of the changes and improvements the
Secretary of State has made to the United States plan to
endorse and obtain observer status for Taiwan at the World
Health Assembly, following any annual meetings of the World
Health Assembly at which Taiwan did not obtain observer
status.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect and apply beginning with the first report
required under subsection
(c) of section 1 of Public Law 108-235 that is submitted after
the date of the enactment of this Act.
Passed the House of Representatives January 9, 2018.
Attest:
KAREN L. HAAS,
Clerk. | (Sec. 1) This bill requires the annual reports submitted by the Department of State to Congress concerning the U.S. plan to endorse and obtain observer status for Taiwan at the annual summit of the World Health Assembly (WHA) held by the World Health Organization in Geneva, Switzerland, to include an account of the changes and improvements that the State Department has made to such plan following any annual meetings of the WHA at which Taiwan did not obtain such status. | {"src": "billsum_train", "title": "To direct the Secretary of State to develop a strategy to regain observer status for Taiwan in the World Health Organization, and for other purposes."} | 1,009 | 96 | 0.427451 | 1.344526 | 0.461083 | 3.325843 | 10.573034 | 0.853933 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Teen and Novice Driver Uniform
Protection Act of 2010'' or the ``STANDUP Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Highway Traffic Safety Administration has
reported that--
(A) motor vehicle crashes are the leading cause of
death of Americans between 15 and 20 years of age;
(B) in the 10-year period ending in 2007, 86,981
Americans died in motor vehicle crashes involving
drivers between 15 and 20 years of age, an average of
167 deaths per week;
(C) drivers between 16 and 20 years of age have a
fatality rate that is 4 times higher than the rate for
drivers between 25 and 70 years of age; and
(D) teenage drivers who are 16 years of age have a
motor vehicle crash rate that is almost 10 times higher
than the crash rate for drivers between 30 and 60 years
of age.
(2) According to the American Automobile Association--
(A) teenage drivers comprise slightly more than \1/
3\ of all fatalities in motor vehicle crashes in which
they are involved; and
(B) nearly \2/3\ of all fatalities in those crashes
are other drivers, passengers, and pedestrians.
(3) According to the Insurance Institute for Highway
Safety, the chance of a crash by a 16- or 17-year-old driver is
doubled if there are 2 peers in the vehicle and quadrupled if
there are 3 or more peers in the vehicle.
(4) According to the National Highway Traffic Safety
Administration, the cognitive distraction caused by hands-free
and hand-held cellular phones is significant enough to degrade
a driver's performance, particularly teenage drivers between 15
and 20 years of age.
(5) Although only 20 percent of driving by teenage drivers
occurs at night, more than 50 percent of the motor vehicle
crash fatalities involving teenage drivers occur at night.
(6) According to the Insurance Institute for Highway
Safety, in 1997, the first full year of Florida's graduated
driver licensing system, the number of fatal and injurious
crashes among teenage drivers between 15 and 18 years of age
was 9 percent lower than in 1995.
(7) The Journal of the American Medical Association reports
that crashes involving 16-year-old drivers decreased between
1995 and 1999 by 25 percent in Michigan and by 27 percent in
North Carolina. Comprehensive graduated driver licensing
systems were implemented in 1997 in these States.
(8) According to the Automobile Club of Southern
California, between 1998 and 2000, the first 3 years of
California's graduated driver licensing program--
(A) teenage passenger deaths and injuries resulting
from crashes in California involving 16-year-old
drivers declined by 40 percent; and
(B) the number of at-fault collisions in California
involving 16-year-old drivers declined by 24 percent.
(9) The National Transportation Safety Board reports that--
(A) more than 40 States and the District of
Columbia have implemented 3-stage graduated driver
licensing systems; and
(B) many States have not yet implemented other
basic safety features of graduated driver licensing
laws to protect the lives of teenage and novice
drivers.
(10) A 2001 Harris Poll indicates that--
(A) 95 percent of Americans support a requirement
of 30 to 50 hours of practice driving with and adult;
(B) 92 percent of Americans support a 6-month
learner's permit period; and
(C) 74 percent of Americans support limiting the
number of teenage passengers in a car with a teenage
driver and supervised driving during high-risk driving
periods, such as night.
SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS.
(a) Minimum Requirements.--
(1) In general.--A State is in compliance with this section
if the State has a graduated driver licensing law that requires
novice drivers younger than 21 years of age to comply with the
2-stage licensing process described in paragraph (2) before
receiving an unrestricted driver's license.
(2) Licensing process.--A State is in compliance with the
2-stage licensing process described in this paragraph if the
State's driver's license laws include--
(A) a learner's permit stage that--
(i) commences at 16 years of age or older;
(ii) is at least 6 months in duration;
(iii) prohibits the driver from using a
cellular telephone or any communications device
in a nonemergency situation;
(iv) prohibits driving at night; and
(v) remains in effect until--
(I) the commencement of the
intermediate stage; or
(II) the driver reaches 18 years of
age;
(B) an intermediate stage that--
(i) commences immediately after the
expiration of the learner's permit stage;
(ii) is at least 6 months in duration;
(iii) prohibits the driver from using a
cellular telephone or any communications device
in a nonemergency situation;
(iv) prohibits driving at night;
(v) prohibits the driver from operating a
motor vehicle with more than 1 non-familial
passenger younger than 21 years of age unless a
licensed driver who is at least 21 years of age
is in the motor vehicle; and
(vi) remains in effect until the driver
reaches 18 years of age; and
(C) any other requirement that the Secretary of
Transportation may require, including--
(i) in the learner's permit stage--
(I) at least 40 hours of behind-
the-wheel training with a licensed
driver who is at least 21 years of age;
(II) a driver training course; and
(III) a requirement that any such
driver be accompanied and supervised by
a licensed driver who is at least 21
years of age at all times while such
driver is operating a motor vehicle;
and
(ii) in the learner's permit or
intermediate stage, a requirement that, in
addition to any other penalties imposed by
State law, the grant of an unrestricted
driver's license be automatically delayed for
any individual who, during the learner's permit
or intermediate stage, is convicted of a
driving-related offense, such as--
(I) driving while intoxicated;
(II) misrepresentation of his or
her true age;
(III) reckless driving;
(IV) driving without wearing a seat
belt;
(V) speeding; or
(VI) any other driving-related
offense, as determined by the
Secretary.
(b) Rulemaking.--The Secretary of Transportation shall promulgate
regulations necessary to implement this section in accordance with the
notice and comment provisions under section 553 of title 5, United
States.
SEC. 4. INCENTIVE GRANTS.
(a) In General.--For each of the first 3 fiscal years beginning
after the date of enactment of this Act, the Secretary of
Transportation shall award a grant to any State that submits an
application under subsection (b) if that State is in compliance with
section 3(a) on or before the first day of that fiscal year.
(b) Application.--
(1) In general.--Any State desiring a grant under this
section shall submit an application to the Secretary of
Transportation at such time, in such manner, and containing
such information as the Secretary may require, including a
certification by the Governor of the State that the State is in
compliance with section 3(a).
(2) Review.--The Secretary shall review each State
application and determine whether or not the State is in
compliance with section 3(a).
(c) Grants.--Amounts appropriated to carry out this section for
each fiscal year shall be apportioned to each State that is in
compliance with section 3(a) in an amount determined by multiplying--
(1) the amount appropriated to carry out this section for
such fiscal year; by
(2) the ratio that the amount of funds apportioned to each
such State for such fiscal year under section 402 of title 23,
United States Code, bears to the total amount of funds
apportioned to all such States for such fiscal year under such
section.
(d) Use of Funds.--Amounts received by a State from a grant awarded
under this section may be used for--
(1) enforcing a 2-stage licensing process that complies
with section 3(a)(2);
(2) training for law enforcement personnel and other
relevant State agency personnel relating to the enforcement
described in paragraph (1);
(3) publishing relevant educational materials that pertain
directly or indirectly to the State graduated driver licensing
law; and
(4) carrying out other administrative activities that the
Secretary considers relevant to the State's 2-stage licensing
process.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000, out of the Highway Trust Fund (other than the
Mass Transit Account), to carry out this section during each fiscal
year described in subsection (a).
SEC. 5. WITHHOLDING OF FUNDS FOR NONCOMPLIANCE.
(a) In General.--
(1) Fourth fiscal year.--During the fourth fiscal year
beginning after the date of the enactment of this Act, the
Secretary shall withhold 3 percent of the amount otherwise
required to be apportioned to any State for such fiscal year
under each of the paragraphs (1), (3), and (4) of section
104(b) of title 23, United States Code, if the State is not in
compliance with section 3(a) on the first day of such fiscal
year.
(2) Fifth fiscal year.--During the fifth fiscal year
beginning after the date of the enactment of this Act, the
Secretary shall withhold 5 percent of the amount otherwise
required to be apportioned to any State for such fiscal year
under each of the paragraphs (1), (3), and (4) of section
104(b) of title 23, United States Code, if that State is not in
compliance with section 3(a) on the first day of such fiscal
year.
(3) Sixth and subsequent fiscal years.--During each fiscal
year after the fifth fiscal year beginning after the date of
the enactment of this Act, the Secretary shall withhold 10
percent of the amount otherwise required to be apportioned to
any State for such fiscal year under each of the paragraphs
(1), (3), and (4) of section 104(b) of title 23, United States
Code, if that State is not in compliance with section 3(a) on
the first day of such fiscal year.
(b) Period of Availability of Withheld Funds.--
(1) Funds withheld during or before the sixth fiscal
year.--Any amount withheld from any State under subsection (a)
on or before the last day of the sixth fiscal year beginning
after the date of the enactment of this Act, shall remain
available for distribution to the State under subsection (c)
until the end of the third fiscal year following the fiscal
year for which such amount is appropriated.
(2) Funds withheld after the sixth fiscal year.--Any amount
withheld under subsection (a)(2) from any State after the end
of the sixth fiscal year beginning after the date of the
enactment of this Act, may not be distributed to the State.
(c) Apportionment of Withheld Funds After Compliance.--
(1) In general.--If, before the last day of the period for
which funds withheld under subsection (a) remain available to a
State under subsection (b), the State comes into compliance
with section 3(a), the Secretary of Transportation shall, on
the first day on which the Secretary determines the State has
come into compliance, distribute to the State any amounts
withheld under subsection (a) that remains available for
apportionment to the State.
(2) Period of availability of subsequently apportioned
funds.--Any amount distributed under paragraph (1) shall remain
available for expenditure by the State until the end of the
third fiscal year following the year for which the funds are so
apportioned. Any amount not expended by the State by the end of
such period shall revert back to the Treasury of the United
States.
(3) Effect of noncompliance.--If a State is not in
compliance with section 3(a) at the end of the period for which
any amount withheld under subsection (a) remains available for
distribution to the State under subsection (b), such amount
shall revert back to the Treasury of the United States. | Safe Teen and Novice Driver Uniform Protection Act of 2010 or the STANDUP Act - Authorizes the Secretary of Transportation to award incentive grants to states with graduated driver licensing laws that require novice drivers younger than age 21 to comply with a two-stage licensing process before receiving an unrestricted driver's license.
Requires such laws, at a minimum, to include: (1) a learner's permit stage that commences at age 16 or older, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, prohibits nighttime driving, and remains in effect until commencement of the intermediate stage or the driver attains age 18; (2) an intermediate stage in effect until the driver attains age 18 that commences immediately after expiration of the learner's permit stage, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, prohibits nighttime driving, prohibits more than one non-familial passenger under age 21 unless there is a licensed driver at least age 21 present in the vehicle; and (3) any other requirement that the Secretary may require.
Directs the Secretary to withhold a certain percentage of federal-aid highway funds from states that do not comply with the requirements of this Act. | {"src": "billsum_train", "title": "A bill to provide driver safety grants to States with graduated driver licensing laws that meet certain minimum requirements."} | 2,689 | 292 | 0.468454 | 1.326031 | 0.658091 | 2.418033 | 10.487705 | 0.901639 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The United States has run persistent trade deficits
since 1978, and many of such trade deficits since 2000 have
been especially large.
(2) There appeared to be some improvements in the United
States trade balance in 2009, but this was during a time of
global economic crisis, and the reduction in the United States
trade deficit appears to be attributable to a shrinking United
States demand for imports rather than an increase in United
States exports.
(3) Many of the trade deficits are structural--that is,
with the same countries, year after year. In 2009, the United
States continued to have significant merchandise trade deficits
with the People's Republic of China ($226.8 billion), the
European Union ($60.5 billion), Japan ($44.7 billion), and
Mexico ($47.5 billion), notwithstanding the overall decline in
the United States trade deficit. In fact, in 2009, China
accounted for 44 percent of the United States merchandise trade
deficit.
(4) While the United States has one of the most open
borders and economies in the world, the United States faces
significant tariff and non tariff trade barriers with its
trading partners.
(5) The causes and consequences of the United States trade
deficit must be documented and recommendations must be
developed to expeditiously address structural imbalances in the
trade deficit.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Emergency Trade Deficit Commission (in this Act referred to as
the ``Commission'').
(b) Membership of Commission.--
(1) Composition.--The Commission shall be composed of 11
members, of whom--
(A) three persons shall be appointed by the
President, of whom one shall be appointed to represent
labor interests, one shall be appointed to represent
small businesses, and one shall be appointed to
represent manufacturing interests;
(B) two persons shall be appointed by the President
pro tempore of the Senate upon the recommendation of
the Majority Leader of the Senate, after consultation
with the Chairman of the Committee on Finance of the
Senate;
(C) two persons shall be appointed by the President
pro tempore of the Senate upon the recommendation of
the Minority Leader of the Senate, after consultation
with the ranking minority member of the Committee on
Finance of the Senate;
(D) two persons shall be appointed by the Speaker
of the House of Representatives, after consultation
with the Chairman of the Committee on Ways and Means of
the House of Representatives; and
(E) two persons shall be appointed by the Minority
Leader of the House of Representatives, after
consultation with the ranking minority member of the
Committee on Ways and Means of the House of
Representatives.
(2) Qualifications of members.--
(A) Presidential appointments.--Of the persons
appointed under paragraph (1)(A), not more than one may
be an officer, employee, or paid consultant of the
executive branch.
(B) Other appointments.--Persons appointed under
subparagraph (B), (C), (D), or (E) of paragraph (1)
shall be persons who--
(i) have expertise in economics,
international trade, manufacturing, labor,
environment, or business, or have other
pertinent qualifications or experience; and
(ii) are not officers or employees of the
United States.
(C) Other considerations.--In appointing members of
the Commission, every effort shall be made to ensure
that the members--
(i) are representative of a broad cross-
section of economic and trade perspectives
within the United States; and
(ii) provide fresh insights to in
identifying the causes and consequences of the
United States trade deficit and developing
recommendations to address structural trade
imbalances.
(c) Period of Appointment; Vacancies.--
(1) In general.--Members shall be appointed not later than
60 days after the date of the enactment of this Act and the
appointment shall be for the life of the Commission.
(2) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment was made.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a chairperson and vice chairperson from among
the members of the Commission.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(h) Voting.--Each member of the Commission shall be entitled to one
vote, which shall be equal to the vote of every other member of the
Commission.
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall be responsible for examining
the nature, causes, and consequences of the United States trade deficit
and providing recommendations on how to address and reduce structural
trade imbalances, including with respect to the United States
merchandise trade deficit, in order to promote sustainable economic
growth that provides broad-based income and employment gains.
(b) Causes of U.S. Trade Deficit.--In examining the causes of the
United States trade deficit, the Commission shall, among other things--
(1) identify and assess the impact of macroeconomic
factors, including currency practices, foreign government
purchases of United States assets, and savings and investment
rates, including savings rates of foreign state-owned
enterprises, on United States bilateral trade imbalances and
global trade imbalances;
(2) with respect to countries with which the United States
has significant, persistent sectoral or bilateral trade
deficits, assess with respect to the magnitude and composition
of such trade deficits--
(A) the impact of tariff and non tariff barriers
maintained by such countries and the lack of reciprocal
market access as a result of such barriers;
(B) the impact of investment, offset, and
technology transfer requirements by such countries;
(C) any impact due to the failure of such countries
to adhere to internationally-recognized labor
standards, including the extent to which such failure
affects conditions of competition with the United
States or the ability of consumers in such countries to
buy United States goods and services;
(D) any impact due to differences in levels of
environmental protection and enforcement of
environmental laws between such countries and the
United States, including the extent to which such
differences affect conditions of competition with the
United States;
(E) policies maintained by such countries that
assist manufacturers in such countries, including the
impact of such policies on manufacturers in the United
States; and
(F) the impact of border tax adjustments by such
countries;
(3) examine the impact of free trade agreements on the
United States trade deficit;
(4) examine the impact of investment flows both into and
out of the United States on the trade deficit, including--
(A) the impact of United States outbound investment
on the United States trade deficit and on standards of
living and production in the United States;
(B) the impact that the relocation of production
facilities overseas has on the United States trade
deficit, including by reviewing major domestic plant
closures over an appropriate representative period to
determine how much production terminated from such
closures was relocated offshore;
(C) the impact of foreign direct investment in the
United States on the United States trade deficit and on
standards of living and production in the United
States; and
(D) the impact of United States bilateral
investment treaties, including bilateral investment
treaties under negotiation, on the United States trade
deficit;
(5) examine the role and impact of imports of oil and other
energy products on the United States trade deficit; and
(6) assess the extent to which United States foreign policy
interests influence United States economic and trade policies.
(c) Consequences of U.S. Trade Deficit.--In examining the
consequences of the United States trade deficit, the Commission shall,
among other things--
(1) identify and, to the extent practicable, quantify the
impact of the trade deficit on the overall domestic economy,
and, with respect to different sectors of the economy, on
manufacturing capacity, on the number and quality of jobs, on
wages, and on health, safety, and environmental standards;
(2) assess the effects the trade deficits in the areas of
manufacturing and technology have on defense production and
innovation capabilities of the United States; and
(3) assess the impact of significant, persistent trade
deficits, including sectoral and bilateral trade deficits, on
United States economic growth.
(d) Recommendations.--In making recommendations, the Commission
shall, among other things--
(1) identify specific strategies for achieving improved
trade balances with those countries with which the United
States has significant, persistent sectoral or bilateral trade
deficits;
(2) identify United States trade policy tools including
enforcement mechanisms that can be more effectively used to
address the underlying causes of structural trade deficits;
(3) identify domestic and trade policies that can enhance
the competitiveness of United States manufacturers domestically
and globally, including those policies of the United States and
other countries that have been successful in promoting
competitiveness;
(4) address ways to improve the coordination and
accountability of Federal departments and agencies relating to
trade; and
(5) examine ways to improve the adequacy of the collection
and reporting of trade data, including identifying and
developing additional databases and economic measurements that
may be needed to properly assess the causes and consequences of
the United States trade deficit.
SEC. 4. REPORT.
(a) Report.--Not later than 16 months after the date of the
enactment of this Act, the Commission shall submit to the President and
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report that contains--
(1) the findings and conclusions of the Commission
described in section 3; and
(2) any recommendations for administrative and legislative
actions as the Commission considers necessary.
(b) Separate Views.--Any member of the Commission may submit
additional findings and recommendations as part of the report.
SEC. 5. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
The Commission shall hold at least seven public hearings, one or more
in Washington, D.C., and four in different regions of the United
States.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other Federal
departments and agencies.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT.
(a) In General.--There are authorized to be appropriated $2,000,000
to the Commission to carry out this Act.
(b) GAO Audit.--Not later than 6 months after the date on which the
Commission terminates, the Comptroller General of the United States
shall complete an audit of the financial books and records of the
Commission and shall submit a report on the audit to the President and
the Congress.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after the date on which the
Commission submits its report under section 4(a).
Passed the House of Representatives July 28, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Establishes the Emergency Trade Deficit Commission to examine, and report to the President and Congress on, the causes of the U.S. trade deficit, together with recommendations on how to address and reduce trade imbalances, such as the U.S. merchandise trade deficit, in order to promote sustainable economic growth that provides broad-based income and employment gains.
Authorizes appropriations. | {"src": "billsum_train", "title": "To establish the Emergency Trade Deficit Commission."} | 3,005 | 82 | 0.519483 | 1.279235 | 0.492585 | 5.373134 | 43.656716 | 0.955224 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bring Them Home Alive Act of 1999''.
SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PROGRAM.
(a) Asylum for Eligible Aliens.--Notwithstanding any other
provision of law, the Attorney General shall grant refugee status in
the United States to any alien described in subsection (b), upon the
application of that alien.
(b) Eligibility.--Refugee status shall be granted under subsection
(a) to--
(1) any alien who--
(A) is a national of Vietnam, Cambodia, Laos,
China, or any of the independent states of the former
Soviet Union; and
(B) personally delivers into the custody of the
United States Government a living American Vietnam War
POW/MIA; and
(2) any parent, spouse, or child of an alien described in
paragraph (1).
(c) Definitions.--In this section:
(1) American vietnam war pow/mia.--
(A) In general.--Except as provided in subparagraph
(B), the term ``American Vietnam War POW/MIA'' means an
individual--
(i) who is a member of a uniformed service
(within the meaning of section 101(3) of title
37, United States Code) in a missing status (as
defined in section 551(2) of such title and
this subsection) as a result of the Vietnam
War; or
(ii) who is an employee (as defined in
section 5561(2) of title 5, United States Code)
in a missing status (as defined in section
5561(5) of such title) as a result of the
Vietnam War.
(B) Exclusion.--Such term does not include an
individual with respect to whom it is officially
determined under section 552(c) of title 37, United
States Code, that such individual is officially absent
from such individual's post of duty without authority.
(2) Missing status.--The term ``missing status'', with
respect to the Vietnam War, means the status of an individual
as a result of the Vietnam War if immediately before that
status began the individual--
(A) was performing service in Vietnam; or
(B) was performing service in Southeast Asia in
direct support of military operations in Vietnam.
(3) Vietnam war.--The term ``Vietnam War'' means the
conflict in Southeast Asia during the period that began on
February 28, 1961, and ended on May 7, 1975.
SEC. 3. AMERICAN KOREAN WAR POW/MIA ASYLUM PROGRAM.
(a) Asylum for Eligible Aliens.--Notwithstanding any other
provision of law, the Attorney General shall grant refugee status in
the United States to any alien described in subsection (b), upon the
application of that alien.
(b) Eligibility.--Refugee status shall be granted under subsection
(a) to--
(1) any alien--
(A) who is a national of North Korea, China, or any
of the independent states of the former Soviet Union;
and
(B) who personally delivers into the custody of the
United States Government a living American Korean War
POW/MIA; and
(2) any parent, spouse, or child of an alien described in
paragraph (1).
(c) Definitions.--In this section:
(1) American korean war pow/mia.--
(A) In general.--Except as provided in subparagraph
(B), the term ``American Korean War POW/MIA'' means an
individual--
(i) who is a member of a uniformed service
(within the meaning of section 101(3) of title
37, United States Code) in a missing status (as
defined in section 551(2) of such title and
this subsection) as a result of the Korean War;
or
(ii) who is an employee (as defined in
section 5561(2) of title 5, United States Code)
in a missing status (as defined in section
5561(5) of such title) as a result of the
Korean War.
(B) Exclusion.--Such term does not include an
individual with respect to whom it is officially
determined under section 552(c) of title 37, United
States Code, that such individual is officially absent
from such individual's post of duty without authority.
(2) Korean war.--The term ``Korean War'' means the conflict
on the Korean peninsula during the period that began on June
27, 1950, and ended January 31, 1955.
(3) Missing status.--The term ``missing status'', with
respect to the Korean War, means the status of an individual as
a result of the Korean War if immediately before that status
began the individual--
(A) was performing service in the Korean peninsula;
or
(B) was performing service in Asia in direct
support of military operations in the Korean peninsula.
SEC. 4. BROADCASTING INFORMATION ON THE ``BRING THEM HOME ALIVE''
PROGRAM.
(a) Requirement.--
(1) In general.--The International Broadcasting Bureau
shall broadcast, through WORLDNET Television and Film Service
and Radio or otherwise, information that promotes the ``Bring
Them Home Alive'' refugee program under this Act to foreign
countries covered by paragraph (2).
(2) Covered countries.--The foreign countries covered by
paragraph (1) are--
(A) Vietnam, Cambodia, Laos, China, and North
Korea; and
(B) Russia and the other independent states of the
former Soviet Union.
(b) Level of Programming.--The International Broadcasting Bureau
shall broadcast--
(1) at least 20 hours of the programming described in
subsection (a)(1) during the 10-day period that begins on the
date of enactment of this Act; and
(2) at least 10 hours of the programming described in
subsection (a)(1) in each calendar quarter during the period
beginning with the first calendar quarter that begins after the
date of enactment of this Act and ending five years after the
date of enactment of this Act.
(c) Availability of Information on the Internet.--International
Broadcasting Bureau shall ensure that information regarding the ``Bring
Them Home Alive'' refugee program under this Act is readily available
on the World Wide Web sites of the Bureau.
(d) Sense of Congress.--It is the sense of Congress that RFE/RL,
Incorporated, Radio Free Asia, and any other recipient of Federal
grants that engages in international broadcasting to the countries
covered by subsection (a)(2) should broadcast information similar to
the information required to be broadcast by subsection (a)(1).
(e) Definition.--The term ``International Broadcasting Bureau''
means the International Broadcasting Bureau of the United States
Information Agency or, on and after the effective date of title XIII of
the Foreign Affairs Reform and Restructuring Act of 1998 (as contained
in division G of Public Law 105-277), the International Broadcasting
Bureau of the Broadcasting Board of Governors.
SEC. 5. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED.
In this Act, the term ``independent states of the former Soviet
Union'' has the meaning given the term in section 3 of the FREEDOM
Support Act (22 U.S.C. 5801). | Bring Them Home Alive Act of 1999 - Directs the Attorney General to grant refugee status in the United States to any alien (and the parent, spouse, and child of such) who: (1) is a national of Vietnam, Cambodia, Laos, China, or any of the independent states of the former Soviet Union; and (2) personally delivers into U.S. custody a living American Vietnam War POW or MIA.
Requires the granting of the same status to any alien (and parent, spouse, and child) who is a national of North Korea, China, or any of the independent states of the former Soviet Union and who personally delivers a living American Korean War POW or MIA.
Directs the International Broadcasting Bureau to broadcast to such foreign countries information that promotes such refugee programs. Requires: (1) a minimum level of such broadcasting; and (2) the Bureau to ensure that such information is made available on the Internet.
Expresses the sense of the Congress that RFE-RL, Inc., Radio Free Asia, and any other recipient of Federal grants that broadcasts to such countries should also broadcast such information. | {"src": "billsum_train", "title": "Bring Them Home Alive Act of 1999"} | 1,643 | 248 | 0.591399 | 1.791403 | 0.728789 | 4.552036 | 6.642534 | 0.932127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Bioterrorism Preparedness
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) State governments are viewed as strong partners in the
United States' national security efforts, particularly as
related to domestic terrorism.
(2) Information sharing is a critical part of terrorism
preparedness activities.
(3) Coordination efforts with public, private, nonprofit,
and for-profit hospitals and medical providers are essential to
the success of preventing the spread of a biological terrorist
attack.
(4) The Centers for Disease Control and Prevention have
implemented a solid structure with which to combat terrorism.
However, additional resources and direction are needed to
expand upon the program and accelerate its results.
(5) There are hundreds of infectious agents and toxins, but
only a small subgroup has the physical and biological
properties needed for a mass casualty producing biological
weapon.
(6) Most biological weapons programs concentrate on between
10 and 15 agents sharing the common characteristics of ease of
production, infectivity or toxicity, stability during
processing, storage and in the environment, and the ability to
effectively cause illness or death to an exposed population
with anthrax and small pox common to most lists.
(7) A comprehensive strategy that involves preventing an
attack from occurring and preparing the Federal, State, local
and private sectors in case such an attack were to occur is
critical to reducing the incidence of fatality if such an
attack were to occur.
(8) The intelligence community must make far greater use of
the biomedical communities in and out of government and the
United States national security community should include the
medical, public health and human service communities, which all
are critical to bioterrorism preparedness and response.
(9) Enhancing domestic preparedness by developing a
national bioterrorism surveillance and detection capacity,
developing and distributing rapid and more reliable diagnostic
capabilities and systems, developing a comprehensive strategy
for assuring surge capacity for health care, streamlining
national pharmaceutical stockpiling efforts, and increasing
research and development for new pharmaceuticals, vaccines and
antidotes are essential endeavors.
(10) Developing a clear strategy for working with the media
to help manage public apprehension and panic and to reexamine
and modernize the legal framework for epidemic control measures
and civil liberties, including working with States to achieve
greater harmony at the State and local level with management of
new threats must be done.
(11) The Administration of President Clinton took the
initiative to strengthen the public health infrastructure by
creating a pharmaceutical stockpile for civilian use, awarding
contracts for new small pox vaccine, researching the
development of new and improved diagnostics, drugs and
vaccines, helping to train first responders (police, fire
fighters and public health officials) and investing in new
technologies to help with detection of biological agents, but
this effort must be dramatically accelerated and far more money
and energy is needed to address the today's threats.
SEC. 3. GRANTS TO IMPROVE STATE PREPAREDNESS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), acting through the
Director of the Centers for Disease Control and Prevention, shall award
grants to States to enable such States to prepare for and respond to
bioterrorism. The grant program established under this section shall be
administered through the Bioterrorism Preparedness and Response
Initiative.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State shall 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 plan for
preparing for and responding to bioterrorism. Such plan shall include--
(1) a description of the process the State will implement
in order to detect and response to bioterrorism, including how
the State will manage State detection and response efforts and
coordinate with national efforts;
(2) an assurance that the State will coordinate with all
emergency responders, health care providers, Federal, State and
local governmental agencies, and law enforcement personnel
during all stages of the State bioterrorism initiative;
(3) a description of the activities that the State will
conduct to build local infrastructures for the prevention,
detection, and response to biological or chemical attacks;
(4) a description of State efforts to stockpile
medications, vaccines, antibiotics, and medical supplies;
(5) an assessment of the threat of biological or chemical
attacks in the State;
(6) a media and communication plan relating to the
dissemination of information to the public to inform the public
of any biological or chemical threat without creating panic;
(7) a description of the training initiatives that the
State will carry out with respect to local emergency personnel,
law enforcement officials, and health care providers relating
to the detection of and response to a biological or chemical
attack;
(8) a description of the cleanup and contamination
prevention efforts to be implemented in the event of a
biological or chemical attack;
(9) an assurance that the State will coordinate its
bioterrorism efforts with public, private, and faith-based
organizations that are able to provide necessary supplies and
equipment, such as medical products and personnel;
(10) a description of the State mechanisms in place for
improving the health care infrastructure in the State through
the building of workforce capacity and competency, information
and data systems, and up to date health departments and local
laboratories;
(11) a description of the State procedures for holding
practice biological or chemical attack drills and simulations;
(12) an assessment of State and local public health laws
relating to bioterrorism, and the interaction of such laws with
similar Federal laws;
(13) the designation of a State official to serve as a
liaison to the Office of Homeland Security; and
(14) the general goals and needs of the State relating to
bioterrorism.
(c) Annual Submissions.--A State that receives a grant under this
section shall annually submit to the Secretary an updated State plan
that contains the information described in paragraphs (1) through (13)
of subsection (b).
(d) Use of Funds.--A State shall use amounts received under a grant
under this section to carry out the State plan under subsection (b).
Additionally, a State may use such funds to--
(1) prepare for and prevent a biological or chemical
attack;
(2) carry out surveillance and detection activities
relating to biological or chemical attacks;
(3) carry out activities to improve communications and
coordination efforts within the State and between the State and
the Federal Government;
(4) carry out activities to improve emergency response
capabilities in the State; and
(5) make public health infrastructure improvements,
including--
(A) carrying out activities relating to rapid
disease detection and investigation;
(B) carrying out activities to improve State and
local laboratories, including improving biological and
chemical agent identification, classification, and
characterization (bacteria, viruses, and toxins);
(C) carrying out coordinated public health response
activities;
(D) carrying out activities to improve public
health information technology;
(E) providing training for health care workers and
otherwise addressing staffing needs;
(F) the development of comprehensive statewide
electronic public health reporting systems; and
(G) carrying out cooperative efforts with State and
local public and private hospitals;
(e) Amount.--
(1) In general.--Except as provided in paragraph (2), the
amount of a grant to a State under this section for a fiscal
year shall be an amount equal to the sum of--
(A) $5,000,000; and
(B) an amount that bears the same ratio to the
amount appropriated under subsection (g) for such
fiscal year as the total population of the State bears
to the total population of all States.
(2) Small state minimum.--Subject to the extent of amounts
made available under subsection (g), the amount determined
under paragraph (1)(B) with respect to a State shall not be
less than an amount equal to 1 percent of the amount
appropriated for the fiscal year involved.
(3) Indian tribes.--The Secretary shall reserve 1 percent
of the amount appropriated for each fiscal year under
subsection (g) to award grants under this section to Indian
tribes and tribal organizations. The Secretary shall develop
guidelines to determine the eligibility of such tribes or
tribal organizations for a grant under this section.
(f) Annual Reports.--Not later than January 1, 2003, and annually
thereafter, the General Accounting Office shall prepare and submit to
the appropriate committees of Congress, a report concerning the
implementation of this section. Such report shall include--
(1) an assessment of the progress made by States in
preparing for and being able to respond to a biological or
chemical attack; and
(2) recommendations for areas in which the States can
improve their preparation for, or ability to respond to, a
biological or chemical attack.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $250,000,000 for each of fiscal years 2002 through
2006, for base allocations under subsection (e)(1)(A); and
(2) $200,000,000 for each of fiscal years 2002 through
2006, for allocations based on State population under
subsection (e)(1)(B).
(h) Definition.--In this section, the term ``State'' means each of
the several States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SEC. 4. PROVISION OF INFORMATION BY THE FEDERAL GOVERNMENT.
(a) In General.--Each agency of the Federal Government that
collects or prepares information of the type described in this
subsection shall provide to each State the following--
(1) a description of the probable agents that may be
utilized in a biological or chemical attack, the
characteristics of such agents, their impact on people, and
appropriate risk assessments;
(2) model or proposed bioterrorism plans, based on Federal
standards and guidelines, for the surveillance, detection,
response to, and management of a biological or chemical attack;
(3) information relating to biological or chemical attacks
that is based on best practices;
(4) emergency health information;
(5) bioterrorism preparation and response training
information;
(6) bioterrorism-related emergency information;
(7) a list of available resources maintained by public,
private, nonprofit, and for-profit entities that have compiled
bioterrorism training data and other related information; and
(8) in times of war, heightened threat, or risk of war,
critical information relating to the health and safety of the
State's residents.
(b) Coordination.--The Secretary shall coordinate the provision of
information under subsection (a) to avoid duplication of efforts.
(c) Best Practices.--There is authorized to be appropriated,
$50,000,000 in each fiscal year to enable the Director of the Centers
for Disease Control and Prevention to continue and enhance the efforts
of the Centers in developing best practices relating to biological or
chemical attacks.
(d) State Security Coordinator.--There shall be established within
the Office of Homeland Security, a position to be known as the
``Assistant Director for State Coordination''. The Director of the
Office of Homeland Security shall appoint an individual to serve as the
Assistant Director and act as a liaison between the Office and the
States.
SEC. 5. DEVELOPMENT OF COMMUNICATIONS SYSTEMS.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention and in consultation with the
heads of other Federal departments and agencies, shall--
(1) carry out activities to implement a national
communications system, including the establishment of a
national electronic infrastructure, to improve the exchange of
emergency health information among Federal, State, and local
health agencies;
(2) develop a national emergency communication plan that
ensures the rapid dissemination of health information to the
public during actual, threatened, or suspected acts of
biological or chemical terrorism; and
(3) establish an Internet web-site that contains training
information and bioterrorism-related emergency information for
use by States.
(b) Completion.--Not later than December 31, 2002, the Director of
the Centers for Disease Control and Prevention shall complete the
system, plan, and web-site described in subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 6. SIMULATIONS.
(a) Grants.--The Secretary shall award a grant to each State to
enable the State to carry out table-top and computer-based biological
or chemical attack simulations.
(b) Exercises.--Not later than 6 months after the date of enactment
of this Act, the Director of the Centers for Disease Control and
Prevention shall provide each State with a set of exercises for the
simulations to be conducted under subsection (a).
(c) Completion.--Not later than December 31, 2002, a State that
receives a grant under this section shall complete at least one of the
simulations required under subsection (a).
(d) Notice Simulations.--The Secretary shall provide for the
conduct, in three geographically diverse States that receive a grant
under subsection (a), of a biological or chemical attack simulation.
Such simulations shall be conducted after notice is provided to the
States involved by the Secretary.
(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section. | State Bioterrorism Preparedness Act - Requires the Secretary of Health and Human Services to award grants to States to enable them to prepare for and respond to bioterrorism.Sets forth requirements regarding: (1) State plans which shall include a description of the State process to detect and respond to bioterrorism and of State efforts to stockpile medications, vaccines, antibiotics, and medical supplies; (2) annual submissions to the Secretary of an updated State plan; (3) permissible uses of grant funds; and (4) fund allocations.Requires specified Federal agencies to provide to States information, including: (1) a description of the probable agents of a biological or chemical attack; and (2) model or proposed bioterrorism plans with respect to such an attack.Establishes within the Office of Homeland Security an Assistant Director for State Coordination.Directs the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) carry out activities to implement a national communications system; (2) develop a national emergency communication plan; and (3) establish an Internet web-site that contains training, and bioterrorism-related emergency, information.Requires: (1) the Secretary to award grants to each State to carry out table-top and computer-based biological or chemical attack simulations; (2) the CDC Director to provide each State with simulation exercises; (3) each State that receives a grant to complete at least one of the required simulations; and (4) the Secretary to provide for the conduct of a biological or chemical attack simulation in three geographically diverse States that receive a grant. | {"src": "billsum_train", "title": "A bill to assist States in preparing for, and responding to, biological or chemical terrorist attacks."} | 2,866 | 338 | 0.515483 | 1.663177 | 0.670507 | 4.761905 | 8.895238 | 0.946032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student and Teachers Excellence in
Education Act''.
TITLE I--TAX INCENTIVES FOR TEACHERS
SEC. 101. NONREFUNDABLE TAX CREDIT FOR ELEMENTARY AND SECONDARY PUBLIC
SCHOOL TEACHERS.
(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. ELEMENTARY AND SECONDARY PUBLIC SCHOOL TEACHERS.
``(a) Allowance of Credit.--In the case of an individual who is an
eligible elementary or secondary public school teacher, there shall be
allowed as a credit against the tax imposed by this chapter for a
taxable year an amount equal to the full-time teaching amount.
``(b) Full-Time Teaching Amount.--
``(1) In general.--For purposes of subsection (a), the
full-time teaching amount is the amount equal to----
``(A) $2,000, multiplied by
``(B) the fraction--
``(i) the numerator of which is the number
of months credited with full-time teaching, and
``(ii) the denominator of which is 9.
``(2) Special rules.--For purposes of paragraph (1)--
``(A) a month is credited with full-time teaching
if the teacher is teaching in at least one of the
grades K through 12 on a full-time basis for more than
half of the business days in such month, and
``(B) not more than 9 months of a taxable year
shall be taken into account under paragraph
(1)(B)(i).''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:
``Sec. 25B. Elementary and secondary
public school teachers.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
SEC. 102. DEDUCTIONS FOR EXPENSES OF ELEMENTARY AND SECONDARY PUBLIC
SCHOOL TEACHERS BECOMING ACCREDITED FROM NATIONAL BOARD
FOR PROFESSIONAL TEACHING STANDARDS.
(a) In General.--Subsection (a) of section 62 of the Internal
Revenue Code of 1986 (relating to definition of adjusted gross income)
is amended by adding at the end thereof the following new paragraph:
``(18) National board for professional teaching standards
accreditation.--In the case of an individual who is an eligible
elementary or secondary public school teacher (as defined in
section 25B), the deductions (not to exceed $2,000) allowed by
section 162 which consist of expenses paid by the taxpayer in
connection with receiving accreditation from the National Board
for Professional Teaching Standards.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1997.
TITLE II--OTHER INCENTIVES FOR TEACHERS
SEC. 201. CANCELLATION OF STUDENT LOANS FOR TEACHERS.
(a) FFEL Loans.--Section 437 of the Higher Education Act of 1965
(20 U.S.C. 101087) amended--
(1) in the section heading, by striking out the period at
the end thereof and inserting in lieu thereof a semicolon and
``loan forgiveness for teaching.'';
(2) by amending the heading for subsection (c) to read as
follows: ``Discharge Related to School Closure or False
Certification.--''; and
(3) by adding at the end thereof the following new
subsection:
``(e) Cancellation of Loans for Teaching.--
``(1) Functions of secretary.--The Secretary shall
discharge the liability of a borrower of a qualifying loan by
repaying the amount owed on the loan, to the extent specified
in paragraph (4), for service described in paragraph (3).
``(2) Qualifying loans.--
``(A) In general.--For purposes of this subsection,
a loan is a qualifying loan if--
``(i) the loan was made under section 428
on or after the date of enactment of the Higher
Education Amendments of 1998 to a borrower who,
on the date of entering into the note or other
written evidence of the loan, had no
outstanding balance of principal or interest on
any loan made before such date; and
``(ii) the loan was obtained to cover the
cost of instruction for an academic year after
the first and second year of undergraduate
education.
``(B) Limitation.--The Secretary may not repay
loans described in subparagraph (A) to cover the costs
of instruction for more than two academic years, or
three academic years in the case of a program of
instruction normally requiring five years.
``(C) Treatment of consolidation loans.--A loan
made under section 428C may be a qualifying loan for
the purposes of this subsection only to the extent that
such loan was used to repay a loan or loans that meet
the requirements of subparagraphs (A) and (B), as
determined in accordance with regulations prescribed by
the Secretary.
``(3) Qualifying service.--A loan shall be discharged under
paragraph (1) for service by the borrower as a full-time
teacher for each complete academic year of service, after
completion of the second academic year of service, in a public
elementary or secondary school.
``(4) Rate of discharge.--(A) Loans shall be discharged
under this subsection at the rate of--
``(i) 30 percent for the first or second complete
academic year of qualifying service as described in
paragraph (3) (after completion of two years of
service); and
``(ii) 40 percent for the third complete year of
such qualifying service.
``(B) The total amount that may be discharged under this
subsection for any borrower shall not exceed $17,750.
``(C) If a portion of a loan is discharged under
subparagraph (A) for any year, the entire amount of interest on
that loan that accrues for that year shall also be discharged
by the Secretary.
``(D) Nothing in this section shall be construed to
authorize refunding of any repayment of a loan.
``(5) Limitation on teacher eligibility.--
``(A) Secondary school teachers.--A borrower may
not receive assistance under this subsection by virtue
of teaching in a secondary school unless such borrower
majored in the subject area in which they are teaching.
``(B) Elementary school teachers.--A borrower may
not receive assistance under this subsection by virtue
of teaching in a elementary school unless such borrower
demonstrates, in accordance with State teacher
certification or licensing requirements, subject matter
knowledge and teaching skills in reading, writing,
mathematics, and other subjects taught in elementary
schools.
``(6) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this subsection
and subtitle D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12571 et seq.).
``(7) Method of payment.--The Secretary shall specify in
regulations the manner in which lenders shall be reimbursed for
loans made under this part, or portions thereof, that are
discharged under this subsection.
``(8) List.--If the list of schools in which a teacher may
perform service pursuant to paragraph (3) is not available
before May 1 of any year, the Secretary may use the list for
the year preceding the year for which the determination is made
to make such service determination.
``(9) Continuing eligibility.--Any teacher who performs
service in a school which--
``(A) meets the requirements of paragraph (3) in
any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan cancellation pursuant to this subsection with respect to
such subsequent years.''.
(b) Direct Student Loans.--Part D of title IV of the Higher
Education Act of 1965 is amended by inserting after section 455 (20
U.S.C. 1087h) the following new section:
``SEC. 459. CANCELLATION OF LOANS FOR CERTAIN PUBLIC SERVICE.
``(a) Cancellation of Percentage of Debt Based on Years of
Qualifying Service.--
``(1) Functions of secretary.--The percent specified in
paragraph (4) of the total amount of any qualifying loan shall
be canceled for each complete year of service by the borrower
described in paragraph (3).
``(2) Qualifying loans.--
``(A) In general.--For purposes of this subsection,
a loan is a qualifying loan if--
``(i) the loan was a Federal Direct
Stafford Loan made on or after the date of
enactment of the Higher Education Amendments of
1998 to a borrower who, on the date of entering
into the note or other written evidence of the
loan, had no outstanding balance of principal
or interest on any loan made before such date;
and
``(ii) the loan was obtained to cover the
cost of instruction for an academic year after
the first and second year of undergraduate
education.
``(B) Limitation.--The Secretary may not repay
loans described in subparagraph (A) to cover the costs
of instruction for more than two academic years, or
three academic years in the case of a program of
instruction normally requiring five years.
``(C) Treatment of consolidation loans.--A Federal
Direct Consolidation Loan may be a qualifying loan for
the purposes of this subsection only to the extent that
such loan was used to repay a loan or loans that meet
the requirements of subparagraphs (A) and (B), as
determined in accordance with regulations prescribed by
the Secretary.
``(3) Qualifying service.--A loan shall be canceled under
paragraph (1) for service by the borrower as a full-time
teacher for each complete academic year of service, after
completion of the second academic year of service, in a public
elementary or secondary school.
``(4) Percentage of cancellation.--(A) The percent of a
loan which shall be canceled under paragraph (1) of this
subsection is at the rate of--
``(i) 30 percent for the first or second complete
academic year of qualifying service as described in
paragraph (3) (after completion of two years of
service); and
``(ii) 40 percent for the third complete year of
such qualifying service.
``(B) The total amount that may be canceled under this
subsection for any borrower shall not exceed $17,750.
``(C) If a portion of a loan is canceled under this
subsection for any year, the entire amount of interest on such
loan which accrues for such year shall be canceled.
``(D) Nothing in this section shall be construed to
authorize refunding of any repayment of a loan.
``(5) Limitation on teacher eligibility.--
``(A) Secondary school teachers.--A borrower may
not receive assistance under this subsection by virtue
of teaching in a secondary school unless such borrower
majored in the subject area in which they are teaching.
``(B) Elementary school teachers.--A borrower may
not receive assistance under this subsection by virtue
of teaching in a elementary school unless such borrower
demonstrates, in accordance with State teacher
certification or licensing requirements, subject matter
knowledge and teaching skills in reading, writing,
mathematics, and other subjects taught in elementary
schools.
``(6) Definition.--For the purpose of this section, the
term `year' where applied to service as a teacher means an
academic year as defined by the Secretary.
``(7) Prevention of double benefits.--No borrower may, for
the same volunteer service, receive a benefit under both this
section and subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12571 et seq.).
``(b) Special Rules.--
``(1) List.--If the list of schools in which a teacher may
perform service pursuant to subsection (a)(3) is not available
before May 1 of any year, the Secretary may use the list for
the year preceding the year for which the determination is made
to make such service determination.
``(2) Continuing eligibility.--Any teacher who performs
service in a school which--
``(A) meets the requirements of subsection (a)(3)
in any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan cancellation pursuant to subsection (a)(1) with respect to
such subsequent years.''.
SEC. 202. GRANTS FOR ACHIEVEMENTS IN MATH, EDUCATION, AND SCIENCE.
(a) Program Authorized.--The Secretary is authorized to provide
grants to local educational agencies that have improved student
achievement in mathematics and English as demonstrated by improved
national standardized test results of students completing the 4th, 8th,
and 12th grades.
(b) Application.--To be eligible to receive a grant under this
section, a local educational agency shall submit an application to the
Secretary at such time and in such form as the Secretary may reasonable
require.
(c) Requirements.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall, by notice issued in the
Federal Register, establish any requirements necessary to implement
this section.
(d) Definition.--For purposes of this section, the term
``Secretary'' means the Secretary of Education.
(e) Authorizations.--There are authorized to be appropriated to
carry out this section $200,000,000 for each of the fiscal years 1999
through 2004.
SEC. 203. TEACHER TECHNOLOGY TRAINING.
(a) Statement of Purpose for Title I.--Section 1001(d)(4) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301(d)(4))
is amended by inserting ``, giving attention to the role technology can
play in professional development and improved teaching and learning''
before the semicolon.
(b) School Improvement.--Section 1116(c)(3) of such Act (20 U.S.C.
6317(c)(3)) is amended by adding at the end the following:
``(D) In carrying out professional development under this
paragraph a school shall give attention to professional
development that incorporates technology used to improve
teaching and learning.''.
(c) Professional Development.--Section 1119(b) of such Act (20
U.S.C. 6320(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) in subparagraph (E), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(F) include instruction in the use of
technology.''; and
(2) in paragraph (2)--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) through (I)
as subparagraphs (D) through (H), respectively.
(d) Purposes for Title II.--Section 2002(2) of such Act (20 U.S.C.
6602(2)) is amended--
(1) in subparagraph (E), by striking ``and'' after the
semicolon;
(2) in subparagraph (F), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) uses technology to enhance the teaching and
learning process.''.
(e) National Teacher Training Project.--Section 2103(b)(2) of such
Act (20 U.S.C. 6623(b)(2)) is amended by adding at the end the
following:
``(J) Technology.''.
(f) Local Plan for Improving Teaching and Learning.--Section
2208(d)(1)(F) of such Act (20 U.S.C. 6648(d)(1)(F)) is amended by
inserting ``, technologies,'' after ``strategies''.
(g) Authorized Activities.--Section 2210(b)(2)(C) of such Act (20
U.S.C. 6650(b)(2)(C)) is amended by striking ``and practices'' and
inserting ``practices, and technology''.
(h) Higher Education Activities.--Section 2211(a)(1)(C) of such Act
(20 U.S.C. 6651(a)(1)(C)) is amended by inserting ``, including
technological innovation,'' after ``innovation''.
SEC. 204. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) local educational agencies should use national
standardized tests to evaluate student performance in
mathematics and English at the end of each school year; and
(2) schools should end social promotion of students to the
next grade level. | TABLE OF CONTENTS:
Title I: Tax Incentives for Teachers
Title II: Other Incentives for Teachers
Student and Teachers Excellence in Education Act -
Title I: Tax Incentives for Teachers
- Amends the Internal Revenue Code to allow a nonrefundable tax credit of $2,000 (pro rated if appropriate) for full-time elementary and secondary public school teachers.
(Sec. 102) Allows tax deductions of up to $2,000 for the expenses paid by elementary and secondary public school teachers in connection with receiving accreditation from National Board for Professional Teaching Standards.
Title II: Other Incentives for Teachers
- Amends the Higher Education Act of 1965 to provide for cancellation of student loans for public elementary and secondary school teachers, under the Federal Family Education Loan program and the direct student loan program, with rates of discharge based on one to three years of teaching service.
(Sec. 202) Authorizes the Secretary of Education to make grants to local educational agencies that have improved student achievement in mathematics and English as demonstrated by improved national standardized test results of students completing the 4th, 8th, and 12th grades. Authorizes appropriations.
(Sec. 203) Amends the Elementary and Secondary Education Act of 1965 to provide for teacher technology training. Requires professional development activities to include instruction in the use of technology. Adds technology to the list of core subject areas for the National Teacher Training Project grants program (Dwight D. Eisenhower Professional Development Program). Requires local plans for improving teaching and learning to include descriptions of how their core subject area programs will incorporate technologies which meet the educational needs of individuals who are from historically underrepresented groups, or are economically disadvantaged, or have limited English language abilities, or have disabilities. Requires authorized professional development activities to incorporate effective technology for meeting the educational needs of diverse groups of students. Includes technological innovation as a higher education activity to improve teacher education programs.
(Sec. 204) Expresses the sense of Congress that: (1) local educational agencies should use national standardized tests to evaluate student performance in mathematics and English at the end of each school year; and (2) schools should end social promotion of students to the next grade level. | {"src": "billsum_train", "title": "Student and Teachers Excellence in Education Act"} | 3,934 | 473 | 0.55139 | 1.477349 | 0.720149 | 3.613426 | 8.00463 | 0.863426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antiterrorism Act of 1993''.
SEC. 2. GENERAL POLICY STATEMENT.
The Congress finds and declares the following:
(1) The continued use of terrorism is to be deplored.
(2) With the dramatic changes that have occurred in the
world in the late 1980s and early 1990s, the world community
has an extraordinary opportunity to further curtail, and
possibly eliminate, terrorist activity.
SEC. 3. EMBARGO ON TRADE WITH COUNTRIES SUPPORTING INTERNATIONAL
TERRORISM.
(a) Trade Embargo.--
(1) Prohibition on imports.--Goods or services from a
country described in subsection (b) may not be imported into
the United States.
(2) Prohibition on exports.--(A) Goods and technology that
are subject to the jurisdiction of the United States, or that
are exported by any person subject to the jurisdiction of the
United States, may not be exported to any country described in
subsection (b).
(B) As used in this paragraph, the term ``goods and
technology'' includes--
(i) any goods or technology (as those terms are
defined in paragraphs (3) and (4) of section 16 of the
Export Administration Act of 1979); and
(ii) any materials or technology that are subject
to export controls under the Atomic Energy Act of 1954.
(C) Sections 11, 12, and 13 of the Export Administration
Act of 1979 (relating to violations, enforcement, and
administrative procedure and judicial review) apply with
respect to violations and enforcement of this paragraph,
without regard to the termination date specified in section 20
of that Act.
(3) Regulations.--The President may issue such regulations
as are necessary to carry out this subsection.
(b) Countries Subject To Embargo.--
(1) Determination by the secretary of state.--Subsection
(a) applies with respect to a country if the Secretary of State
determines that the government of that country has repeatedly
provided support for acts of international terrorism. For
purposes of this section, support for acts of international
terrorism includes a situation in which the government of a
country knowingly allows an international terrorist
organization to operate or maintain facilities within the
country without taking measures to prevent such organization
from operating freely.
(2) Publication of determinations.--Each determination of
the Secretary of State under paragraph (1) shall be published
in the Federal Register.
(3) Rescission of determination.--A determination made by
the Secretary of State under paragraph (1) may not be rescinded
unless the President submits to the Congress--
(A) before the proposed rescission would take
effect, a report certifying that--
(i) there has been a fundamental change in
the leadership and policies of the government
of the country concerned;
(ii) that government is not supporting acts
of international terrorism; and
(iii) that government has provided
assurances that it will not support acts of
international terrorism in the future; or
(B) at least 45 days before the proposed rescission
would take effect, a report justifying the rescission
and certifying that--
(i) the government concerned has not
provided any support for international
terrorism during the preceding 6-month period;
and
(ii) the government concerned has provided
assurances that it will not support acts of
international terrorism in the future.
(c) Waiver Authority.--The President may waive, in whole or in
part, the application of subsection (a)(1) or (a)(2)(A) with respect to
a country if--
(1) the President determines that national security
interests or humanitarian reasons justify such waiver; and
(2) at least 15 days before the waiver takes effect, the
President consults with the Congress regarding the proposed
waiver and submits to the Congress a report--
(A) identifying the country concerned;
(B) describing the national security interests or
humanitarian reasons which justify the waiver;
(C) specifying the imports and exports that will be
allowed by the waiver if the waiver is less than a
complete lifting of the embargo required by subsection
(a); and
(D) specifying the period of time during which such
waiver will be effective.
(d) Repeals.--
(1) Authority to ban imports.--Section 505 of the
International Security and Development Cooperation Act of 1985
(relating to the authorization to ban the importation of goods
and services from countries supporting terrorism) is repealed.
(2) Licensing requirement for exports.--(A) Section 6(j) of
the Export Administration Act of 1979 (relating to the
requirement for validated licenses and notice to Congress for
certain exports to countries supporting international
terrorism) is repealed.
(B) Any reference in any law to a determination made under
section 6(j) of the Export Administration Act of 1979 shall be
deemed to be a reference to a determination made under
subsection (a) of this section.
SEC. 4. OTHER PROVISIONS RELATING TO STATE SPONSORED TERRORISM.
(a) Report.--Concurrent with the publication in the Federal
Register pursuant to section 3(b)(2) of this Act, section 620A(b) of
the Foreign Assistance Act of 1961, or section 40(e) of the Arms Export
Control Act of a determination by the Secretary of State that the
government of a country has repeatedly provided support for acts of
international terrorism, the Secretary shall submit to the Congress a
report describing the measures the United States is taking,
unilaterally and in concert with other countries, to pressure, both
economically and politically, that government to terminate such
support.
(b) Examples of Support for Acts of International Terrorism.--
(1) Foreign assistance act.--Section 620A(a) of the Foreign
Assistance Act of 1961 is amended by adding at the end the
following: ``For purposes of this section, support for acts of
international terrorism includes a situation in which the
government of a country knowingly allows an international
terrorist organization to operate or maintain facilities within
the country without taking measures to prevent such
organization from operating freely.''.
(2) Arms export control act.--Section 40(d) of the Arms
Export Control Act is amended by adding at the end the
following: ``For purposes of this section, support for acts of
international terrorism includes a situation in which the
government of a country knowingly allows an international
terrorist organization to operate or maintain facilities within
the country without taking measures to prevent such
organization from operating freely.''.
SEC. 5. INTERNATIONAL TERRORISM CONTROL TREATY.
The Congress reaffirms the policy expressed in section 507 of the
International Security and Development Cooperation Act of 1985, which
expressed the sense of the Congress that the President should establish
a process by which democratic and open societies of the world negotiate
a viable treaty to effectively prevent and respond to terrorist
attacks.
SEC. 6. INTERNATIONAL EMBARGO ON IMPORTS FROM LIBYA.
The Congress urges the President to seek the participation of other
nations in an embargo on imports from Libya.
SEC. 7. REPORT REGARDING INCREASED INTERNATIONAL COOPERATION TO COMBAT
TERRORISM.
Not later than 180 days after the date of enactment of this Act,
the President shall submit to the Congress a report on the
implementation of section 201 of the 1984 Act to Combat International
Terrorism, which urges the President to seek more effective
international cooperation in combatting international terrorism and
identifies certain cooperative steps that could be taken.
SEC. 8. NUCLEAR TERRORISM.
(a) Reaffirmation of 1986 Provisions.--The Congress reaffirms the
necessity of the President taking the actions to combat international
nuclear terrorism specified in section 601(a) of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986, in particular paragraph (4) of
that section which directs the President to seek an agreement in the
United Nations Security Council to establish--
(1) an effective regime of international sanctions against
any nation or subnational group which conducts or sponsors acts
of international nuclear terrorism; and
(2) measures for coordinating responses to all acts of
international nuclear terrorism, including measures for the
recovery of stolen nuclear material and the clean-up of nuclear
releases.
(b) Additional Measures.--The Congress urges the President to seek
within the United Nations Security Council whatever additional measures
may be necessary to discourage the use of nuclear terrorism.
(c) Report to Congress.--Each report submitted pursuant to section
601 of the Nuclear Non-Proliferation Act of 1978 shall include a
description of the measures the United States is taking unilaterally,
bilaterally, or multilaterally--
(1) to curtail the spread of nuclear material and
technology to countries whose governments support international
terrorism; and
(2) to develop a prompt response to nuclear terrorist
threats.
SEC. 9. IMPROVING THE ABILITY OF UNITED STATES BUSINESSES TO COUNTER
THE THREAT OF KIDNAPPING AND OTHER ACTS OF TERRORISM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the President shall establish a Government-
Business Antiterrorism Council to study and make recommendations on--
(1) additional steps the United States Government could
take to assist United States businesses counter the threat
posed by international terrorism; and
(2) measures that could be taken by United States
businesses to counter the threat posed by international
terrorism.
(b) Membership.--The membership of the council established pursuant
to this section shall include representatives of the airline industry,
the tourism industry, and multinational corporations.
(c) Special Focus on Kidnapping for Ransom.--The study conducted
pursuant to this section should focus on ways to improve the ability of
United States businesses to avoid the kidnapping of business executives
abroad by terrorist groups seeking to obtain, through ransom payments,
funds for terrorist activities.
SEC. 10. STATE DEPARTMENT COORDINATOR FOR COUNTER-TERRORISM.
In any reorganization of the Department of State, the position of
Coordinator for Counter-Terrorism, with the rank of Ambassador at
Large, shall be retained.
SEC. 11. TERMINATION OF IMET PROGRAM FOR MALTA.
Funds made available for fiscal year 1993 or 1994 to carry out
chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to
the international military education and training program) may not be
obligated for Malta.
SEC. 12. STEPS TO ENCOURAGE EXTENDED TOURS OF DUTY FOR GOVERNMENT
PERSONNEL INVOLVED IN COUNTER-TERRORISM ACTIVITIES.
In recognition of the long start-up time required for sensitive
counter-terrorism work, it is the sense of the Congress that United
States Government personnel, both civilian and military, who are
assigned counter-terrorism duties and who voluntarily accept extended
tours of duty in order to continue to perform counter-terrorism duties
should be accorded beneficial consideration for advancement after
completion of such extended tours of duty.
SEC. 13. DESIGNATION OF FBI AS LEAD AGENCY FOR DOMESTIC COUNTER-
TERRORISM.
The Federal Bureau of Investigation shall be the lead agency for
coordinating the domestic counter-terrorism activities of the United
States Government.
SEC. 14. DEATH PENALTY FOR TERRORIST ACTS ABROAD AGAINST UNITED STATES
NATIONALS.
Section 2332(a)(1) of title 18, United States Code, is amended by
inserting ``, and shall be subject to the penalty of death in
accordance with the procedures applicable to the imposition of that
penalty under section 903(c) of the Federal Aviation Act of 1958 (49
U.S.C. Appendix 1473(c)) relating to procedures in respect of aircraft
piracy penalties'' after ``so imprisoned''.
SEC. 15. DEATH PENALTY FOR TERRORIST ACTS IN THE UNITED STATES.
(a) In General.--Chapter 113A of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2339. Domestic terrorism
``(a) Whoever commits a terrorist act in or affecting interstate or
foreign commerce shall be subject to the death penalty, in accordance
with the procedures applicable to the imposition of that penalty under
section 903(c) of the Federal Aviation Act of 1958 (49 U.S.C. Appendix
1473(c)) if death results, and in any other case shall be fined under
this title or imprisoned any term of years or for life.
``(b) As used in this section, the term `terrorist act' means any
crime of violence that appears to be intended--
``(1) to influence or to be in retaliation for the policy
or conduct of a government;
``(2) to intimidate or coerce a civilian population; or
``(3) to affect the conduct of a government by
assassination or kidnapping.''.
(b) Clerical Amendments.--The table of sections at the beginning of
chapter 113A of title 18, United States Code, is amended by adding at
the end the following:
``2339. Domestic terrorism.''. | Antiterrorism Act of 1993 - Prohibits the importation into the United States of goods or services from, and the exportation of goods or services from the United States to, any country that has repeatedly provided support for international terrorism.
Prohibits the rescission of such a determination unless the President certifies to the Congress that the government concerned: (1) has had a fundamental change of leadership and policies; (2) is not supporting international terrorism and has provided assurances that it will not support future terrorism; and (3) at least 45 days before a proposed rescission would take effect, has not provided support for terrorism during the preceding six-month period. Authorizes waivers of the trade embargo for national security or humanitarian reasons.
Repeals the following provisions of law: (1) an authorization to ban the importation of goods and services from countries supporting terrorism under the International Security and Development Cooperation Act of 1985; and (2) a requirement for validated licenses and notice to the Congress for exports to countries supporting terrorism under the Export Administration Act of 1979.
Urges the President to seek: (1) the participation of other nations in an embargo on imports from Libya; and (2) additional measures within the United Nations Security Council to discourage nuclear terrorism.
Directs the President to establish a Government-Business Antiterrorism Council to make recommendations on steps the U.S. Government and U.S. businesses could take to counter the threat posed by international terrorism.
Provides for the retention of the Coordinator for Counter-Terrorism in any reorganization of the Department of State.
Prohibits the obligation of FY 1993 and 1994 international military education and training assistance for Malta.
Expresses the sense of the Congress that U.S. Government personnel who voluntarily accept extended tours of counter-terrorism duty should be accorded beneficial consideration for advancement after completion of such duty.
Designates the Federal Bureau of Investigation as the lead agency for coordinating domestic counter-terrorism activities.
Amends the Federal criminal code to authorize the death penalty for: (1) terrorist murders of U.S. nationals abroad; and (2) acts of domestic terrorism that result in a death. | {"src": "billsum_train", "title": "Antiterrorism Act of 1993"} | 2,972 | 468 | 0.544892 | 1.759103 | 0.782535 | 3.312195 | 6.3 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights Act of 1997''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the fifth and fourteenth amendments to the Constitution
guarantee that all individuals are entitled to equal protection
of the laws, regardless of race, color, national origin, or
sex;
(2) the Supreme Court, in Adarand Constructors, Inc. v.
Pena, 515 U.S. 200 (1995), recently affirmed that this
guarantee of equality applies to Federal actions;
(3) the Federal Government currently conducts over 150
programs, including contracting programs, that grant
preferences based on race, color, national origin, or sex; and
(4) the Federal Government also grants preferences in
employment based on race, color, national origin, or sex.
(b) Purpose.--The purpose of this Act is to provide for equal
protection of the laws and to prohibit discrimination and preferential
treatment in the Federal Government on the basis of race, color,
national origin, or sex.
SEC. 3. PROHIBITION AGAINST DISCRIMINATION AND PREFERENTIAL TREATMENT.
Notwithstanding any other provision of law, neither the Federal
Government nor any officer, employee, or agent of the Federal
Government shall--
(1) intentionally discriminate against, or grant a
preference to, any person or group based in whole or in part on
race, color, national origin, or sex, in connection with--
(A) a Federal contract or subcontract;
(B) Federal employment; or
(C) any other federally conducted program or
activity; or
(2) require or encourage a Federal contractor or
subcontractor, or the recipient of a license or financial
assistance, to discriminate intentionally against, or grant a
preference to, any person or group based in whole or in part on
race, color, national origin, or sex, in connection with any
Federal contract or subcontract or Federal license or financial
assistance.
SEC. 4. AFFIRMATIVE ACTION PERMITTED.
This Act does not prohibit or limit any effort by the Federal
Government or any officer, employee, or agent of the Federal
Government--
(1) to encourage businesses owned by women and minorities
to bid for Federal contracts or subcontracts, to recruit
qualified women and minorities into an applicant pool for
Federal employment, or to encourage participation by qualified
women and minorities in any other federally conducted program
or activity, if such recruitment or encouragement does not
involve granting a preference, based in whole or in part on
race, color, national origin, or sex, in selecting any person
for the relevant employment, contract or subcontract, benefit,
opportunity, or program; or
(2) to require or encourage any Federal contractor,
subcontractor, or recipient of a Federal license or Federal
financial assistance to recruit qualified women and minorities
into an applicant pool for employment, or to encourage
businesses owned by women and minorities to bid for Federal
contracts or subcontracts, if such requirement or encouragement
does not involve granting a preference, based in whole or in
part on race, color, national origin, or sex, in selecting any
individual for the relevant employment, contract or
subcontract, benefit, opportunity, or program.
SEC. 5. CONSTRUCTION.
(a) Historically Black Colleges and Universities.--Nothing in this
Act shall be construed to prohibit or limit any act that is designed to
benefit an institution that is an historically Black college or
university on the basis that the institution is an historically Black
college or university.
(b) Indian Tribes.--This Act does not prohibit any action taken--
(1) pursuant to a law enacted under the constitutional
powers of Congress relating to the Indian tribes; or
(2) under a treaty between an Indian tribe and the United
States.
(c) Certain Sex-Based Classifications.--This Act does not prohibit
or limit any classification based on sex if--
(1) the classification is applied with respect to
employment and the classification would be exempt from the
prohibitions of title VII of the Civil Rights Act of 1964 by
reason of section 703(e)(1) of such Act (42 U.S.C. 2000e-
2(e)(1)); or
(2) the classification is applied with respect to a member
of the Armed Forces pursuant to statute, direction of the
President or Secretary of Defense, or Department of Defense
policy.
(d) Immigration and Nationality Laws.--This Act does not affect any
law governing immigration or nationality, or the administration of any
such law.
SEC. 6. COMPLIANCE REVIEW OF POLICIES AND REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
head of each department or agency of the Federal Government, in
consultation with the Attorney General, shall review all existing
policies and regulations that such department or agency head is charged
with administering, modify such policies and regulations to conform to
the requirements of this Act, and report to the Committee on the
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate the results of the review and any modifications
to the policies and regulations.
SEC. 7. REMEDIES.
(a) In General.--Any person aggrieved by a violation of section 3
may, in a civil action, obtain appropriate relief (which may include
back pay). A prevailing plaintiff in a civil action under this section
shall be awarded a reasonable attorney's fee as part of the costs.
(b) Construction.--This section does not affect any remedy
available under any other law.
SEC. 8. EFFECT ON PENDING MATTERS.
(a) Pending Cases.--This Act does not affect any case pending on
the date of enactment of this Act.
(b) Pending Contracts and Subcontracts.--This Act does not affect
any contract or subcontract in effect on the date of enactment of this
Act, including any option exercised under such contract or subcontract
before or after such date of enactment.
SEC. 9. DEFINITIONS.
In this Act, the following definitions apply:
(1) Federal government.--The term ``Federal Government''
means executive and legislative branches of the Government of
the United States.
(2) Preference.--The term ``preference'' means an advantage
of any kind, and includes a quota, set-aside, numerical goal,
timetable, or other numerical objective.
(3) Historically black college or university.--The term
``historically Black college or university'' means a part B
institution, as defined in section 322(2) of the Higher
Education Act of 1965 (20 U.S.C. 1061(2)). | Civil Rights Act of 1997 - Prohibits discrimination or preferences in Federal employment and contracting and other Federal programs and activities on the basis of race, color, national origin, or sex. Prohibits requiring or encouraging any Federal contractor or subcontractor to so discriminate or grant a preference.
Declares that this Act does not prohibit or limit encouraging contract bidding, recruiting employees, encouraging participation in other programs or activities or requiring or encouraging Federal contractors, subcontractors, or recipients of Federal licenses or financial assistance to so recruit or encourage, if the recruiting or encouraging does not involve granting a preference. Prohibits construing this Act to prohibit or limit: (1) any act designed to benefit historically Black colleges or universities; or (2) any action under a Federal law or treaty relating to the Indian tribes. Declares that this Act does not prohibit or limit employment classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to normal operation or the classification is applied regarding an armed forces member.
Allows any aggrieved person to obtain, in a civil action, appropriate relief (including back pay). Requires awarding a prevailing plaintiff attorney's fees as part of the costs. | {"src": "billsum_train", "title": "Civil Rights Act of 1997"} | 1,502 | 280 | 0.634823 | 1.936692 | 0.839055 | 2.510917 | 5.855895 | 0.80786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement and Industrial
Security Cooperation Act of 1996''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Seventy percent of all money invested in crime
prevention and law enforcement each year in the United States
is spent by the private sector.
(2) There are nearly three employees in private sector
security for every one in public law enforcement.
(3) More than half of the responses to crime come from
private security.
(4) A bipartisan study commission specially constituted for
the purposes of examining appropriate cooperative roles between
public sector law enforcement and private sector security will
be able to offer comprehensive proposals for statutory and
procedural initiatives.
SEC. 3. PURPOSES.
The purposes of the Commission are as follows:
(1) To identify critical issues in crime control and law
enforcement which may be better addressed through improved
cooperation between public law enforcement agencies and private
sector security professionals.
(2) To examine existing models of public-private
cooperation and, through consultation with leading authorities
in law enforcement, private security, criminal justice and
business, improve such models or develop new models that
promote cooperation between public law enforcement and private
security.
(3) To encourage public agencies and private businesses and
institutions to make use of effective models for cooperation in
crime control and law enforcement.
(4) To analyze Federal, State, and local statutes which
either enhance or inhibit cooperation between public law
enforcement and private security and to recommend changes to
such laws which would have the effect of enhancing cooperation
between public sector law enforcement agencies and private
sector security professionals.
SEC. 4. ESTABLISHMENT AND COMPOSITION OF THE COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Law Enforcement and Industrial Security Cooperation Commission
(in this Act referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 12 members,
as follows:
(1) 3 members to be appointed by the majority leader of the
Senate who shall select such members from a list of nominees
provided by the Chairperson of the Committee on the Judiciary
of the Senate. Of the 3, one shall be a Member of the Senate,
one shall be a representative of public law enforcement, and
one shall be a representative of private security.
(2) 3 members to be appointed by the minority leader of the
Senate who shall select such members from a list of nominees
provided by the ranking minority member of the Committee on the
Judiciary of the Senate. Of the 3, one shall be a Member of the
Senate, one shall be a representative of public law
enforcement, and one shall be a representative of private
security.
(3) 3 members appointed by the Speaker of the House of
Representatives who shall select such members from a list of
nominees provided by the chairperson of the Committee on the
Judiciary of the House of Representatives. Of the 3, one shall
be a Member of the House, one shall be a representative of
public law enforcement, and one shall be a representative of
private security.
(4) 3 members appointed by the minority leader of the House
of Representatives who shall select such members from a list of
nominees provided by the ranking minority member of the
Committee on the Judiciary of the House of Representatives. Of
the 3, one shall be a Member of the House, one shall be a
representative of public law enforcement, and one shall be a
representative of private security.
(c) Continuation of Membership.--If a member was appointed to the
Commission as a Member of Congress and the member ceases to be a Member
of Congress, or was appointed to the Commission because the member was
not an officer or employee of any government and later becomes an
officer or employee of a government, that member may continue as a
member for not longer than the 30-day period beginning on the date that
member ceases to be a Member of Congress, or becomes such an officer or
employee, as the case may be.
(d) Chairperson.--The Commission shall elect a chairperson from
among its members.
(e) Quorum; Vacancy.--
(1) In general.--After its initial meeting, the Commission
shall meet upon the call of the chairperson or a majority of
its members. Seven members of the Commission shall constitute a
quorum, except a lesser number may hold hearings.
(2) Vacancy.--Any vacancy in the Commission shall not
affect its powers but shall be filled in the same manner in
which the original appointment was made.
(f) Appointment of Members; Meeting.--
(1) Appointment of members.--Members of the Commission
shall be appointed not later than 120 days after the date of
the enactment of this Act.
(2) Meeting.--If after 120 days after the date of enactment
of this Act, 7 or more members of the Commission have been
appointed, the members who have been appointed may meet and
select a chairperson who thereafter shall have authority to
begin the operations of the Commission, including the hiring of
staff.
SEC. 5. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--
(1) In general.--Except as provided in paragraph (2), a
member of the Commission whose services are not donated by such
member's employer may be compensated at a rate not to exceed
the daily equivalent of the annual rate of basic pay in effect
for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day
during which such member is engaged in the actual performance
of the duties of the Commission.
(2) Limitation.--Members of the Commission who are officers
or employees of the United States or Members of Congress shall
receive no additional pay on account of their service on the
Commission.
(b) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
SEC. 6. POWERS OF THE COMMISSION.
(a) Hearings and Subpoenas.--The Commission may hold such hearings,
sit and act at such times and places, administer such oaths, take such
testimony, receive such evidence, and require by subpoena the
attendance and testimony of such witnesses and the production of such
materials as the Commission considers appropriate.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairperson of the Commission, the head of such
department or agency may furnish such information to the Commission.
(c) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(d) Contracting.--The Commission may enter into contracts to enable
the Commission to discharge its duties under this Act.
(e) Assistance From Federal Agencies.--
(1) In general.--Financing of the Commission and its
activities will come from corporate, foundation, and individual
contributions. No special appropriation of Federal funds shall
be made for the purposes of this Act.
(2) Federal services.--Departments and agencies of the
United States are authorized, however, to provide to the
Commission such services, funds, facilities, staff, and other
support services as they may deem advisable for the purposes of
this Act and as may be authorized by law.
(f) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 7. STAFF OF THE COMMISSION.
(a) Staff.--The Commission chairperson, in accordance with rules
agreed upon by the Commission and reasonable limitations imposed by
budget, may appoint a staff director and such other personnel as may be
necessary to enable the Commission to carry out its functions. The
staff director and other personnel may be appointed without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates.
(b) Consultants and Experts.--The Commission is authorized to
procure the services of experts and consultants in accordance with
budgetary strictures.
SEC. 8. REPORT.
The Commission shall submit to Congress and the Attorney General,
not later than 2 years after the date of its first meeting, a final
report containing such recommendations concerning methods and
activities that promote cooperation between public sector law
enforcement agencies and private sector security professionals,
including proposing new or changed procedures, rules, regulations, or
legislation.
SEC. 9. TERMINATION.
Not later than 60 days after submitting its final report pursuant
to section 8 the Commission shall terminate. | Law Enforcement and Industrial Security Cooperation Act of 1996 - Establishes the Law Enforcement and Industrial Security Cooperation Commission which shall submit to the Congress and the Attorney General a report containing recommendations on methods and activities that promote cooperation between public law enforcement agencies and private sector security professionals to control crime. | {"src": "billsum_train", "title": "Law Enforcement and Industrial Security Cooperation Act of 1996"} | 1,946 | 62 | 0.57481 | 1.419577 | 1.009329 | 4.166667 | 34.037037 | 0.981481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Dog Training Therapy Act''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING
THERAPY.
(a) In General.--Commencing not later than 120 days after the date
of the enactment of the Act, the Secretary of Veterans Affairs shall
carry out a pilot program for the purpose of assessing the
effectiveness of addressing post-deployment mental health and post-
traumatic stress disorder symptoms through a therapeutic medium of
training service dogs for veterans with disabilities.
(b) Duration of Pilot Program.--The pilot program required by
subsection (a) shall be carried out at least three and not more than
five Department of Veterans Affairs medical centers during the five-
year period beginning on the date of the commencement of the pilot
program.
(c) Locations of Pilot Program.--In selecting medical centers for
the pilot program required under subsection (a), the Secretary shall
ensure that each medical center selected provides a training area for
educating veterans with mental health conditions in the art and science
of assistance dog training and handling. Such training area shall--
(1) include a dedicated space that is suitable for grooming
and training dogs indoors;
(2) be wheelchair accessible;
(3) include classroom or lecture space;
(4) include office space for staff;
(5) include a suitable space for storing training
equipment;
(6) provide for periodic use of other training areas for
training the dogs with wheelchairs and conducting other
exercises;
(7) include outdoor exercise and toileting space for dogs;
and
(8) provide transportation for weekly field trips to train
dogs in other environments.
(d) Design of Pilot Program.--In carrying out the pilot program
under this section, the Secretary shall--
(1) administer the program through the Recreation Therapy
Service of the Department of Veterans Affairs under the
direction of a certified recreational therapist with sufficient
administrative experience to oversee all pilot program sites;
(2) establish, for purposes of overseeing the training of
dogs at medical centers selected for the pilot program, a
director of service dog training with a background working in
social services, experience in teaching others to train service
dogs in a vocational setting, and at least one year of
experience working with veterans or active duty service members
with post-traumatic stress disorder in a clinical setting;
(3) ensure that each pilot program site has certified dog
trainers;
(4) ensure that each assistance dog used in the program is
purpose-bred for assistance dog work and has adequate
temperament and health clearances;
(5) ensure that each assistance dog participating in the
pilot program is taught 90 commands pertaining to assistance
dog skills;
(6) ensure that each assistance dog live at the pilot
program site or a volunteer foster home in the vicinity of such
site while receiving training;
(7) ensure that the pilot program involves both lecture of
assistance dog training methodologies and practical hands-on
training and grooming of assistance dogs; and
(8) ensure that the pilot program is designed to--
(A) maximize the therapeutic benefits to veteran
participating in the program; and
(B) provide well-trained assistance dogs to
veterans with disabilities.
(e) Veteran Eligibility.--A veteran with post-traumatic stress
disorder or other post-deployment mental health condition may volunteer
to participate in the pilot program under subsection (a) if the
Secretary determines that there are adequate program resources
available for such veteran at the pilot program site.
(f) Hiring Preference.--In hiring service dog training instructors
under the pilot program under subsection (a), the Secretary shall give
a preference to veterans who have successfully graduated from post-
traumatic stress disorder or other residential treatment programs and
who have received adequate certification in assistance dog training.
(g) Collection of Data.--The Secretary shall collect data on the
pilot program required under subsection (a) to determine how effective
the program is for the veterans participating in the program. Such data
shall include data to determine how effectively the program assists
veterans in--
(1) reducing stigma associated with post-traumatic stress
disorder or other post-deployment mental health condition;
(2) improving emotional regulation;
(3) improving patience;
(4) instilling or re-establishing a sense of purpose;
(5) providing an opportunity to help fellow veterans;
(6) reintegrating into the community;
(7) exposing the dog to new environments and in doing so,
helping the veteran reduce social isolation and withdrawal and
increase their sense of safety;
(8) building relationship skills;
(9) relaxing the hyper-vigilant survival state;
(10) improving sleep patterns; and
(11) enabling veterans to decrease the use of pain
medication.
(h) Reports to Congress.--Not later than one year after the date of
the commencement of the pilot program under subsection (a), and each
year thereafter for the duration of the pilot program, the Secretary
shall submit to Congress a report on the pilot program. Each such
report shall include--
(1) the number of veterans participating in the pilot
program;
(2) a description of the services carried out by the
Secretary under the pilot program;
(3) the effects that participating in the pilot program has
on the following--
(A) symptoms of post-traumatic stress disorder and
post-deployment adjustment difficulties, including
depression, maintenance of sobriety, suicidal
ideations, and homelessness;
(B) potentially relevant physiological markers that
possibly relate to the interactions with the service
dogs;
(C) family dynamics;
(D) insomnia and pain management; and
(E) overall well being; and
(4) the recommendations of the Secretary with respect to
the extension or expansion of the pilot program.
(i) Definition.--For the purposes of this section, the term
``service dog training instructor'' means an instructor who provides
the direct training of veterans with post-traumatic stress disorder and
other post-deployment
issues in the art and science of assistance dog training and handling.
Passed the House of Representatives May 25, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Veterans Dog Training Therapy Act - Directs the Secretary of Veterans Affairs (VA) to carry out a pilot program for assessing the effectiveness of addressing post-deployment mental health and post-traumatic stress disorder (PTSD) symptoms through a therapeutic medium of assistance dog training and handling for veterans with disabilities. Requires the pilot program to be carried out at: (1) at least three and not more than five VA medical centers over a five-year period; and (2) centers that provide a training area for educating veterans with mental health conditions in the art and science of assistance dog training and handling. Directs the Secretary, in hiring instructors under the program, to give a preference to veterans who have successfully graduated from PTSD or other residential treatment programs and received certification in assistance dog training.
Requires the Secretary to report annually to Congress during the duration of the program. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs to carry out a pilot program on dog training therapy."} | 1,284 | 186 | 0.71392 | 1.939425 | 0.89209 | 4.621302 | 7.591716 | 0.940828 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Choices Empowerment and
Protection Act''.
SEC. 2. MEDICARE ADVANCE DIRECTIVE CERTIFICATION PROGRAM.
Part B of title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) is amended by adding at the end the following new section:
``medicare advance directive certification program
``Sec. 1849. (a) In General.--
``(1) Establishment of program.--The Secretary shall
establish and implement an Advance Directive Certification
Program (in this section referred to as the `Program') under
which the Secretary shall encourage eligible beneficiaries to
adopt and maintain certified advance directives to guide the
delivery of health care to such beneficiaries. The Secretary
shall implement the Program within 3 years of the date of
enactment of this section.
``(2) Definitions.--In this section:
``(A) Certified advance directive.--The term
`certified advance directive' means any written or
electronically stored statement by an eligible
beneficiary that--
``(i) provides instructions that outline
the kind of medical treatments and care that
such beneficiary would want or not want under
particular conditions, and may also include the
identification of a health care proxy or legal
representative to make medical treatment
decisions for the beneficiary if the
beneficiary becomes unable to make or
communicate those decisions; and
``(ii) is offered by an entity that has
received accreditation from the Secretary under
this section.
``(B) Eligible beneficiary.--The term `eligible
beneficiary' means an individual enrolled under this
part.
``(3) Voluntary.--Participation in the Program shall be
voluntary with respect to the eligible beneficiary and an
eligible beneficiary who has registered a certified advance
directive under the Program may terminate such directive at any
time. Nothing in this section shall require an eligible
beneficiary to adopt or maintain a certified advance directive.
``(4) Best practices.--In establishing and implementing the
Program, the Secretary shall consider best practices within
existing advance directive registry technologies, programs, and
systems, including web-based or cloud-based advance directive
technologies, which may utilize time and date stamps, video, or
other innovative measures to protect the authenticity, improve
the quality, and enhance the security of such directives.
``(5) State law.--This section shall in no way supercede,
abrogate, or otherwise interfere with State law governing
advance directives.
``(b) Registration.--
``(1) In general.--The Secretary shall establish procedures
for an eligible beneficiary to register such beneficiary's
adoption of a certified advance directive under the Program.
Such procedures shall ensure that registration is available
both through an online and manual process. The Secretary shall
also establish procedures to ensure Program participants can
update previously registered information that is no longer
accurate and indicate that an advance directive has been
terminated.
``(2) Required information.--In addition to such other
information as the Secretary may deem appropriate, an eligible
beneficiary seeking to register a certified advance directive
under the program shall indicate where the advance directive is
maintained.
``(3) Registration periods.--The procedures established
under paragraph (1) shall provide that registration under the
Program shall occur during--
``(A) an eligible beneficiary's initial Part C
enrollment as described in paragraph (1) of section
1851(e); and
``(B) the annual, coordinated election period under
paragraph (3) of such section.
``(4) Privacy and security.--
``(A) In general.--The Secretary shall ensure that
all aspects of the registration system comply with the
Federal regulations (concerning the privacy of
individually identifiable health information)
promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996.
``(B) Access.--The Secretary shall utilize
standardized data protections and privacy standards,
including the Federal regulations described in
paragraph (1), to ensure that the registration record
of an eligible beneficiary can only be accessed by--
``(i) the beneficiary, through the process
established under paragraph (1); and
``(ii) providers of services and suppliers
participating under this title, through a
process established by the Secretary.
``(c) Accreditation.--
``(1) In general.--Under the Program, the Secretary shall--
``(A) grant accreditation to advance directive
vendors and other entities providing advance directives
that meet the accreditation criteria established under
paragraph (2); and
``(B) establish a process whereby advance directive
vendors and other entities providing advance directives
may obtain accreditation under this subsection.
``(2) Accreditation criteria.--The Secretary shall
establish accreditation criteria for advance directive vendors
and other entities providing advance directives that seek to
offer advance directives to be certified under the Program.
Such criteria shall include the following:
``(A) Process for adopting advance directive.--The
advance directive vendor or other entity providing an
advance directive shall allow a beneficiary to create,
adopt, modify, and terminate an advance directive--
``(i) through an online process; and
``(ii) as an alternative to the online
process, through a manual process that employs
paper documents.
``(B) Access.--The advance directive vendor or
other entity providing an advance directive shall
maintain advance directives in such a way that--
``(i) an eligible beneficiary who has
adopted an advance directive with such vendor
or entity and any family member, legal
representative, or health care proxy legally
designated by such beneficiary has direct, near
real-time online access to the beneficiary's
advance directive for purposes of viewing and
sharing such advance directive;
``(ii) in the case of an eligible
beneficiary who has adopted an advance
directive with such vendor or entity or any
family member, legal representative, or health
care proxy legally designated by such
beneficiary who is unable or unwilling to use
the online access under subparagraph (A), such
individual is able to obtain a hard copy of the
beneficiary's advance directive for the
purposes of viewing and sharing such advance
directive; and
``(iii) providers of services and suppliers
participating under this title have near real-
time access to the advance directive of an
eligible beneficiary who has adopted an advance
directive with such vendor or entity.
``(C) Privacy protections.--
``(i) In general.--The advance directive
vendor or other entity providing an advance
directive shall comply with the Federal
regulations (concerning the privacy of
individually identifiable health information)
promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note).
``(ii) Access.--Such vendor or entity shall
utilize standardized data protections and
privacy standards, including the Federal
regulations described in paragraph (1), to
ensure that the content of an eligible
beneficiary's advance directive is owned and
maintained by the beneficiary and can only be
accessed by--
``(I) the beneficiary or the
beneficiary's designee pursuant to
clauses (i) and (ii) of subparagraph
(A); and
``(II) a provider of services or a
supplier pursuant to subparagraph
(A)(iii).
``(D) Security and testing.--The advance directive
vendor or other entity providing an advance directive
shall certify that--
``(i) all data management and data transfer
elements involved in adopting, maintaining, and
accessing the advance directive have
successfully passed rigorous independent
testing regarding standards of timeliness,
accuracy, and efficiency;
``(ii) the data management and data
transfer elements involved in adopting,
maintaining, and accessing the advance
directive meet widely accepted industry
security standards; and
``(iii) the system that provides access to
the advance directive has passed real-time
tests simulating a realistic volume of
beneficiaries and providers accessing advance
directives simultaneously.
``(E) Certified advance directives.--The advance
directive vendor or other entity providing an advance
directive shall agree to offer certified advance
directives (as defined in subsection (a)(2)(A)).
``(F) Other.--Such other criteria as the Secretary
may require.
``(d) Incentive.--
``(1) In general.--The Secretary shall make a one-time
payment of the amount specified in paragraph (2) to each
eligible beneficiary that adopts a certified advance directive
and registers such directive with the Program.
``(2) Amount.--
``(A) In general.--For purposes of paragraph (1),
the amount specified in this paragraph is--
``(i) for a beneficiary who registers a
certified advance directive with the Program in
2015--
``(I) in the case of a beneficiary
that creates, adopts, and registers a
certified advance directive using
online processes only, $75; or
``(II) in the case of a beneficiary
that creates, adopts, or registers a
certified advance directive using a
manual process, $50; and
``(ii) for a beneficiary who registers a
certified advance directive with the Program in
a subsequent year, the amount specified in this
paragraph for the preceding year increased by
the percentage increase in the Chained Consumer
Price Index for All Urban Consumers (as
published by the Bureau of Labor Statistics of
the Department of Labor) over the preceding
year.
``(B) Rounding.--If any amount determined under
subparagraph (A) is not a multiple of 10 cents, such
amount shall be rounded to the nearest multiple of 10
cents.
``(3) Administration.--The Secretary shall, through a full
notice and comment rulemaking process, establish procedures
for--
``(A) making the incentive payment directly to the
eligible beneficiary or a personal account maintained
by the beneficiary at a financial institution that has
been designated by the beneficiary, and ensuring that
no other entity receives the payment on the
beneficiary's behalf; and
``(B) ensuring that a beneficiary does not receive
an incentive payment under this section more than once.
``(e) Education and Outreach.--The Secretary shall work with
stakeholders to conduct appropriate educational and outreach activities
under the Program, including--
``(1) the inclusion of detailed information regarding the
personal benefits of adopting a certified advance directive and
participating in the Program in the Medicare and You handbook
under section 1804; and
``(2) the inclusion of detailed information regarding the
personal benefits of adopting a certified advance directive and
participating in the Program and an explanation of how the
Program works (which may include sample certified advance
directives, links to the websites of certified advance
directive vendors, other entities providing advance directives,
and stakeholder organizations, and such other information as
the Secretary determines useful) on the Internet website of the
Centers for Medicare & Medicaid Services.
``(f) Consultation.--In establishing and implementing the Program,
the Secretary shall consult with, and solicit feedback from, a broad
array of stakeholders representing the interests of eligible
beneficiaries, health care providers, the advance directive industry
and advance directive vendors, and faith-based organizations. Such
stakeholders shall include physicians, nurses, hospital
representatives, palliative and hospice caregivers, advance directive
companies and vendors, patients' rights groups, health information
privacy experts, elder law experts, senior groups, counselors,
chaplains, clergy, ethicists, various other members of the faith
community, and other individuals and entities that the Secretary
determines appropriate.''. | Medicare Choices Empowerment and Protection Act - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to: (1) establish an Advance Directive Certification Program to encourage eligible beneficiaries to adopt and maintain certified advance directives to guide the delivery of health care to them, and (2) make a one-time payment (of $50 for using a manual process, of $75 for using on-line processes only) to each eligible beneficiary that adopts a certified advance directive and registers it with the Program. | {"src": "billsum_train", "title": "Medicare Choices Empowerment and Protection Act"} | 2,507 | 134 | 0.571847 | 1.583855 | 0.653072 | 3.29661 | 20.313559 | 0.940678 |
SECTION 1. JUDICIAL REVIEW.
(a) Amendment.--Section 611 of title 5, United States Code, is
amended to read as follows:
``Sec. 611. Judicial review
``(a)(1) Except as provided in paragraph (2), not later than 180
days after the effective date of a final rule with respect to which an
agency--
``(A) certified, pursuant to section 605(b) of this title,
that such rule would not have a significant economic impact on
a substantial number of small entities; or
``(B) prepared a final regulatory flexibility analysis
pursuant to section 604 of this title,
an affected small entity may petition for the judicial review of such
certification or analysis in accordance with the terms of this
subsection. A court having jurisdiction to review such rule for
compliance with the provisions of section 553 or under any other
provision of law shall have jurisdiction to review such certification
or analysis.
``(2)(A) Except as provided in subparagraph (B), in the case where
a provision of law requires that an action challenging a final agency
regulation be commenced before the expiration of the 180 day period
provided in paragraph (1), such lesser period shall apply to a petition
for the judicial review under this subsection.
``(B) In the case where an agency delays the issuance of a final
regulatory flexibility analysis pursuant to section 608(b) of this
title, a petition for judicial review under this subsection shall be
filed not later than--
``(i) 180 days; or
``(ii) in the case where a provision of law requires that
an action challenging a final agency regulation be commenced
before the expiration of the 180 day period provided in
paragraph (1), the number of days specified in such provision
of law,
after the date the analysis is made available to the public.
``(3) For purposes of this subsection, the term `affected small
entity' means a small entity that is or will be adversely affected by
the final rule.
``(4) Nothing in this subsection shall be construed to affect the
authority of any court to stay the effective date of any rule or
provision thereof under any other provision of law.
``(5)(A) In the case where the agency certified that such rule
would not have a significant economic impact on a substantial number of
small entities, the court may order the agency to prepare a final
regulatory flexibility analysis pursuant to section 604 if the court
determines, on the basis of the rulemaking record, that the
certification was arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law.
``(B) In the case where the agency prepared a final regulatory
flexibility analysis, the court may order the agency to take corrective
action consistent with the requirements of section 604 if the court
determines, on the basis of the rulemaking record, that the final
regulatory flexibility analysis was prepared by the agency without
observance of procedure required by section 604 of this title.
``(6) If, by the end of the 90-day period beginning on the date of
the order of the court pursuant to paragraph (5) (or such longer period
as the court may provide), the agency fails, as appropriate--
``(A) to prepare the analysis required by section 604 of
this title; or
``(B) to take corrective action consistent with the
requirements of section 604 of this title,
the court may stay the rule or grant such other relief as it deems
appropriate.
``(7) In making any determination or granting any relief authorized
by this subsection, the court shall take due account of the rule of
prejudicial error.
``(b) In an action for the judicial review of a rule, any
regulatory flexibility analysis for such rule (including an analysis
prepared or corrected pursuant to subsection (a)(5)) shall constitute
part of the whole record of agency action in connection with such
review.
``(c) Nothing in this section bars judicial review of any other
impact statement or similar analysis required by any other law if
judicial review of such statement or analysis is otherwise provided by
law.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply only to final agency rules issued after the date of enactment of
this Act.
SEC. 2. RULES COMMENTED ON BY SBA CHIEF COUNSEL FOR ADVOCACY.
(a) In General.--Section 612 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(d) Action by SBA Chief Counsel for Advocacy.--
``(1) Transmittal of proposed rules and initial regulatory
flexibility analysis to sba chief counsel for advocacy.--On or
before the 30th day preceding the date of publication by an
agency of general notice of proposed rulemaking for a rule, the
agency shall transmit to the Chief Counsel for Advocacy of the
Small Business Administration--
``(A) a copy of the proposed rule; and
``(B)(i) a copy of the initial regulatory
flexibility analysis for the rule if required under
section 603; or
``(ii) a determination by the agency that an
initial regulatory flexibility analysis is not required
for the proposed rule under section 603 and an
explanation for the determination.
``(2) Statement of effect.--On or before the 15th day
following receipt of a proposed rule and initial regulatory
flexibility analysis from an agency under paragraph (1), the
Chief Counsel for Advocacy may transmit to the agency a written
statement of the effect of the proposed rule on small entities.
``(3) Response.--If the Chief Counsel for Advocacy
transmits to an agency a statement of effect of a proposed rule
in accordance with paragraph (2), the agency shall publish the
statement, together with the response of the agency to the
statement, in the Federal Register at the time of publication
of general notice of proposed rulemaking for the rule.''.
(b) Conforming Amendment.--Section 603(a) of title 5, United States
Code, is amended by inserting ``in accordance with section 612(d)''
before the period at the end of the last sentence.
SEC. 3. SENSE OF CONGRESS REGARDING SBA CHIEF COUNSEL FOR ADVOCACY.
It is the sense of Congress that the Chief Counsel for Advocacy of
the Small Business Administration should be permitted to appear as
amicus curiae in any action or case brought in a court of the United
States for the purpose of reviewing a rule. | Amends Federal civil service law to revise Federal provisions regarding judicial review of regulatory flexibility analyses.
(Sec. 1) Authorizes an affected small entity to petition for judicial review within 180 days after the effective date of a final rule which an agency certified would not have a significant economic impact on a substantial number of small entities or for which an agency prepared a final regulatory flexibility analysis.
Specifies that, where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of such 180 day period, such lesser period shall apply to a petition for judicial review.
Requires that, where an agency delays the issuance of a final regulatory flexibility analysis, a petition for judicial review shall be filed not later than: (1) 180 days after the analysis is made available to the public; or (2) a lesser number of days specified by a provision of law that requires that an action challenging a final agency regulation be commenced before the expiration of such 180 day period.
Authorizes the court, where the agency: (1) certified that such rule would not have a significant economic impact on a substantial number of small entities, to order the agency to prepare a final regulatory flexibility analysis if the court determines that the certification was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; and (2) prepared a final regulatory flexibility analysis, to order the agency to take corrective action if the court determines that the analysis was prepared without observance of proper procedure.
Authorizes the court to stay the rule or grant such other relief as appropriate, if by 90 days after the court order (or such longer period as the court may provide) the agency fails to prepare the required analysis or to take corrective action.
(Sec. 2) Sets forth guidelines governing agency transmittal of proposed rules and initial regulatory flexibility analyses to the Chief Counsel for Advocacy of the Small Business Administration (SBA). Authorizes such official to transmit to the agency a statement of the effect of the proposed rule on small entities. Requires publication of such statement and the agency's response in the Federal Register.
Exempts from this required review by the SBA Chief Counsel for Advocacy any proposed rules issued by an appropriate Federal banking agency, the National Credit Union Administration, or the Office of Federal Housing Enterprise Oversight to: (1) implement monetary policy; (2) ensure the safety and soundness of federally insured depository institutions (or affiliates), credit unions, or government sponsored housing enterprises; or (3) protect the Federal deposit insurance funds.
(Sec. 3) Expresses the sense of the Congress that the SBA Chief Counsel for Advocacy should be permitted to appear as amicus curiae in any action or case brought in a U.S. court for the purpose of reviewing a rule. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to clarify procedures for judicial review of Federal agency compliance with regulatory flexibility analysis requirements, and for other purposes."} | 1,438 | 621 | 0.680785 | 2.282 | 0.717691 | 4.38657 | 2.459165 | 0.898367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Career and Technical Education for
Adult Learners Act of 2016''.
SEC. 2. PURPOSE.
Section 2 of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301) is amended--
(1) in paragraph (2), by inserting ``, adult education,''
after ``secondary education''; and
(2) in paragraph (6), by inserting ``adult education
programs,'' after ``secondary schools,''.
SEC. 3. DEFINITIONS.
Section 3 of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2302) is amended--
(1) by redesignating paragraphs (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17),
(18), (19), (20), (21), (22), (23), (24), (25), (26), (27),
(28), (29), (30), (31), (32), (33), and (34), as paragraphs
(3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13),
(14), (15), (16), (17), (18), (19), (21), (22), (23), (24),
(25), (26), (27), (28), (29), (30), (31), (32), (33), (34),
(35), and (36), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Adult education; adult education and literacy
activities.--The terms `adult education' and `adult education
and literacy activities' have the meanings given the terms in
section 203 of the Adult Education and Family Literacy Act.'';
(3) in paragraph (14), as redesignated by paragraph (1)--
(A) in subparagraph (E), by striking ``or'' after
the semicolon;
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following:
``(F) a provider of adult education that offers a
program of integrated education and training that
includes career and technical education courses that
lead to technical skill proficiency, and an industry-
recognized credential or a certificate; or'';
(4) by inserting after paragraph (19), as redesignated by
paragraph (1), the following:
``(20) Integrated education and training.--The term
`integrated education and training' has the meaning given the
term in section 203 of the Adult Education and Family Literacy
Act.''; and
(5) in paragraph (31), as redesignated by paragraph (1)--
(A) in subparagraph (E), by striking ``and'' after
the semicolon;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) individuals who are basic skills deficient,
as defined in section 3 of the Workforce Innovation and
Opportunity Act.''.
SEC. 4. ACCOUNTABILITY.
Section 113(b)(2) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2323(b)(2)) is amended--
(1) by redesignating subparagraphs (C), (D), (E), and (F),
as subparagraphs (D), (E), (F), and (G), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) Core indicators of performance for career and
technical education students at the adult education
level.--Each eligible agency may identify in the State
plan core indicators of performance for career and
technical education students at the adult education
level that are valid and reliable, and that include, at
minimum, measures of each of the following:
``(i) Student attainment of challenging
career and technical skill proficiency,
including student achievement on technical
assessments that are aligned with industry-
recognized standards, if available and
appropriate.
``(ii) The eligibly entity's performance on
the indicators of performance described in
section 116(b)(2) of the Workforce Innovation
and Opportunity Act.''.
SEC. 5. STATE PLAN.
Section 122 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2342) is amended--
(1) in subsection (b)(1)(A)--
(A) in clause (xi), by striking ``and'' after the
semicolon; and
(B) by adding at the end the following:
``(xiii) the State director of adult
education; and''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by inserting ``, adult education
programs,'' after ``local educational
agencies'';
(II) in clause (i), by inserting
``, adult education,'' after
``secondary education'';
(III) in clause (iii), by striking
``and'' after the semicolon;
(IV) in clause (iv), by inserting
``and'' after the semicolon; and
(V) by adding at the end the
following:
``(v) may include internships, cooperative
education, apprenticeships, or other work
experiences, such as those described in section
129(c)(2)(C) of the Workforce Innovation and
Opportunity Act;'';
(ii) in subparagraph (C), by inserting ``,
adult education,'' after ``secondary
education'';
(iii) in subparagraph (E), by inserting ``,
adult,'' after ``secondary''; and
(iv) in subparagraph (K), by inserting ``,
adult education level,'' after ``secondary
level'';
(B) in paragraph (2)(G), by inserting ``, the Adult
Education and Family Literacy Act,'' after ``Elementary
and Secondary Education Act of 1965'';
(C) in paragraph (19), by striking ``and'' after
the semicolon;
(D) in paragraph (20), by striking the period at
the end and inserting a semicolon; and
(E) by adding at the end the following:
``(21) describes how funds will be used to support work
experiences for students in career and technical education; and
``(22) describes how career and technical education
programs are aligned with any industry or sector partnerships,
as defined in section 3 of the Workforce Innovation and
Opportunity Act.''.
SEC. 6. STATE LEADERSHIP ACTIVITIES.
Section 124 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2344) is amended--
(1) in subsection (b)(3)(E), by inserting ``, the Adult
Education and Family Literacy Act,'' after ``Elementary and
Secondary Education Act of 1965''; and
(2) in subsection (c)--
(A) in paragraph (1)(A), by inserting ``, adult
education,'' after ``secondary'';
(B) in paragraph (2), by inserting ``, adult
education,'' after ``secondary school'';
(C) in paragraph (16)(B), by striking ``and'' after
the semicolon;
(D) in paragraph (17), by striking the period at
the end and inserting ``; and''; and
(E) by adding at the end the following:
``(18) support for work experiences for career and
technical education students such as internships, cooperative
education, and apprenticeships.''.
SEC. 7. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS.
Section 134(b) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2354(b)) is amended--
(1) in paragraph (11), by striking ``and'' after the
semicolon;
(2) in paragraph (12)(B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(13) describe how funds will be used to support work
experiences for students in career and technical education
programs, such as internships, cooperative education,
apprenticeships, or other work experiences, such as those
described in section 129(c)(2)(C) of the Workforce Innovation
and Opportunity Act; and
``(14) describe how career and technical education programs
are aligned with any industry or sector partnerships, as
defined in section 3 of the Workforce Innovation and
Opportunity Act.''. | Career and Technical Education for Adult Learners Act of 2016 This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to modify the requirements for career and technical education programs to align the programs with adult education programs. The bill revises the purposes of the Act to include promoting adult education and supporting partnerships among adult education programs. States may develop core indicators of performance for career and technical education students at the adult education level. At a minimum, the indicators must measure: (1) student attainment of challenging career and technical skill proficiency, including student achievement on technical assessments that are aligned with industry-recognized standards; and (2) the eligibly entity's performance on the indicators of performance described in the Workforce Innovation and Opportunity Act. The bill also: (1) includes the state director of adult education in the development of the state plan for career and technical education, and (2) specifies that adult education providers that also offer certain career and technical education courses leading to technical skill proficiency and an industry-recognized credential or certificate are eligible to receive funds under the Act. | {"src": "billsum_train", "title": "Career and Technical Education for Adult Learners Act of 2016"} | 1,991 | 229 | 0.49446 | 1.392353 | 0.752367 | 3.317757 | 9.14486 | 0.850467 |
SECTION 1. CHARITABLE DONATIONS LIABILITY REFORM FOR IN-KIND CORPORATE
CONTRIBUTIONS.
(a) Definitions.--For purposes of this section:
(1) Aircraft.--The term ``aircraft'' has the meaning
provided that term in section 40102(6) of title 49, United
States Code.
(2) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(3) Equipment.--The term ``equipment'' includes mechanical
equipment, electronic equipment, and office equipment.
(4) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(5) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(6) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(7) Motor vehicle.--The term ``motor vehicle'' has the
meaning provided that term in section 30102(6) of title 49,
United States Code.
(8) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(9) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Liability.--
(1) Liability of business entities that donate equipment to
nonprofit organizations.--
(A) In general.--Subject to subsection (c), a
business entity shall not be subject to civil liability
relating to any injury or death that results from the
use of equipment donated by a business entity to a
nonprofit organization.
(B) Application.--This paragraph shall apply with
respect to civil liability under Federal and State law.
(2) Liability of business entities providing use of
facilities to nonprofit organizations.--
(A) In general.--Subject to subsection (c), a
business entity shall not be subject to civil liability
relating to any injury or death occurring at a facility
of the business entity in connection with a use of such
facility by a nonprofit organization, if--
(i) the use occurs outside of the scope of
business of the business entity;
(ii) such injury or death occurs during a
period that such facility is used by the
nonprofit organization; and
(iii) the business entity authorized the
use of such facility by the nonprofit
organization.
(B) Application.--This paragraph shall apply--
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of a facility.
(3) Liability of business entities providing use of a motor
vehicle or aircraft.--
(A) In general.--Subject to subsection (c), a
business entity shall not be subject to civil liability
relating to any injury or death occurring as a result
of the operation of aircraft or a motor vehicle of a
business entity loaned to a nonprofit organization for
use outside of the scope of business of the business
entity, if--
(i) such injury or death occurs during a
period that such motor vehicle or aircraft is
used by a nonprofit organization; and
(ii) the business entity authorized the use
by the nonprofit organization of motor vehicle
or aircraft that resulted in the injury or
death.
(B) Application.--This paragraph shall apply--
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of the aircraft
or motor vehicle.
(c) Exceptions.--Subsection (b) shall not apply to an injury or
death that results from an act or omission of a business entity that
constitutes gross negligence or intentional misconduct.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this section preempts the laws of any State to the extent
that such laws are inconsistent with this section, except that
this section shall not preempt any State law that provides
additional protection for a business entity for an injury or
death described in a paragraph of subsection (b) with respect
to which the conditions specified in such paragraph apply.
(2) Limitation.--Nothing in this section shall be construed
to supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--A provision of
this section shall not apply to any civil action in a State court
against a business entity in which all parties are citizens of the
State if such State enacts a statute--
(1) citing the authority of this section;
(2) declaring the election of such State that such
provision shall not apply to such civil action in the State;
and
(3) containing no other provisions.
(f) Effective Date.--This section shall apply to injuries (and
deaths resulting therefrom) occurring on or after the date of the
enactment of this Act. | Protects business entities from civil liability under Federal and State law for any injury or death resulting from: (1) the use of equipment donated to nonprofit organizations by such entities; (2) the authorized use of facilities made available to nonprofit organizations by such entities where the use occurs outside the scope of business; or (3) the authorized operation of aircraft or motor vehicles loaned to nonprofit organizations by such entities for use outside the scope of business. Creates an exception for injuries or death resulting from a business entity's gross negligence or intentional misconduct.
Preempts inconsistent State laws unless such laws provide additional protection for business entities or the State elects not to be covered by this Act. Makes the provisions of this Act inapplicable to civil actions in State court where all parties are citizens of the State and the State has opted out of coverage by such election. | {"src": "billsum_train", "title": "To provide that when a company makes a charitable donation of equipment, the company is generally not liable for harm later caused by that equipment, and for other purposes."} | 1,270 | 176 | 0.451964 | 1.246461 | 0.822082 | 2.327273 | 7.030303 | 0.860606 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Flood Insurance Program
Fairness Act''.
SEC. 2. NOTIFICATION AND APPEAL OF MAP CHANGES.
Subsection (h) of section 1360 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4101(h)) is amended to read as follows:
``(h) Notification and Appeal of Flood Map Changes.--
``(1) Notification.--In the case of any change to flood
insurance map panels, including any change in the form of a
letter of map amendment or a letter of map revision, the
Director shall provide notice of such change by--
``(A) providing the chief executive officer of each
community affected by the change, by registered mail, a
copy of the revised maps for such community and a
statement explaining the process under this subsection
to appeal to the Director for changes in such revised
maps; and
``(B) causing notice of such changes to be
published in the Federal Register, which notice shall
include information sufficient to identify the
communities affected and the changes made, information
explaining how to obtain copies of the changes and
revisions, and a statement explaining the process under
this subsection to appeal to the Director for changes
in such revised maps.
``(2) Appeals.--With respect to any change to a flood
insurance map panel, during the 30-day period beginning upon
the occurrence of the last of the actions required under
subparagraphs (A) and (B) of paragraph (1), a community
affected by the change may appeal the change by submitting an
objection to the change, in writing, to the Director. Such an
objection may provide additional evidence relating to the
objection or a request for additional time to obtain
information related to the objection. The right of a community
to appeal a change to flood insurance map panels under this
subsection shall be in addition to any right or opportunity for
a community to appeal such a change under section 1363.
``(3) Response to appeal.--During the 30-day period that
begins upon the receipt by the Director of an objection
pursuant to paragraph (2), the Director shall determine whether
to deny the objection, revise the changes to the flood
insurance map panels in response to the objection, or to grant
additional time to the community to obtain evidence related to
the objection. Immediately upon making such determination, the
Director shall notify the chief executive officer of the
community, in writing and by registered mail, of such
determination.
``(4) Additional time.--If the Director grants a community
additional time to obtain evidence related to the objection--
``(A) the notification pursuant to paragraph (3)
shall state the amount of time granted; and
``(B) during the 30-day period beginning upon the
earlier of the submission of such evidence or the
expiration of such additional time granted, the
Director shall determine whether to deny the objection
or revise the changes to flood insurance map panels in
response to the objection.
Immediately upon making such determination, the Director shall
notify the chief executive officer of the community, in writing
and by registered mail, of such determination.
``(5) Notification to homeowners.--
``(A) In general.--Not later than 30 days after any
final determination described in subparagraph (B), the
Director shall, by first class mail, provide written
notification, to each owner of real property affected
by the change to flood insurance map panels resulting
from such determination, of--
``(i) the status of such property with
respect to flood zone and flood insurance
purchase requirements under this Act and the
Flood Disaster Protection Act of 1973; and
``(ii) information regarding how and where
to obtain any coverage required and the
estimated cost of such coverage.
``(B) Final determinations.--A final determination
described in this subparagraph is--
``(i) the expiration of the period under
paragraph (2) without receipt by the Director
of an objection in accordance with such
paragraph;
``(ii) a determination pursuant to
paragraph (3) or (4)(B) to deny an objection;
or
``(iii) a determination pursuant to
paragraph (3) or (4)(B) to revise the changes
to flood insurance map panels in response to
the objection in a manner such that such panels
are altered from the panels in effect before such changes.
``(6) Effective date of changes.--A change to a flood
insurance map panel shall take effect--
``(A) with respect to any property for which such
change results in the initial applicability of any
requirement under this Act or the Flood Disaster
Protection Act of 1973 to purchase flood insurance for
the property, upon the expiration of the 6-month period
beginning upon the date that notice under paragraph (5)
is mailed to the owner of such property; and
``(B) with respect to any property for which such
change results in elimination of any such purchase
requirement or decreases the cost of coverage required,
immediately upon the final determination under
paragraph (5) regarding such change.
``(7) Reimbursement of property owners for costs incurred
in appeals.--If an owner of a real property affected by a
change to flood insurance map panels incurs expense in
connection with the services of surveyors, engineers, or
similar services, but not including legal services, in
effecting any appeal of such change to the Director, which is
successful in whole or in part, the Director shall reimburse
such individual for such expense. The amount of such
reimbursement shall be determined by the Director, based on the
ratio of the successful portion of the appeal as compared to
the entire appeal. The Director shall apply such ratio to the
average cost of such services in the community for jobs of a
similar size.''.
SEC. 4. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS.
Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C.
4104) is amended by striking the section designation and all that
follows through the end of subsection (a) and inserting the following:
``Sec. 1363. (a) In establishing projected flood elevations for
land use purposes with respect to any community pursuant to section
1361, the Director shall first propose such determinations--
``(1) by providing the chief executive officer of each
community affected by the proposed elevations, by registered
mail, notice of the elevations, including a copy of the maps
for the elevations for such community and a statement
explaining the process under this section to appeal for changes
in such elevations;
``(2) by causing notice of such elevations to be published
in the Federal Register, which notice shall include information
sufficient to identify the elevation determinations and the
communities affected, information explaining how to obtain
copies of the elevations, and a statement explaining the
process under this section to appeal for changes in the
elevations; and
``(3) by publishing the elevations in a prominent local
newspaper.''. | Requires the Director of the Federal Emergency Management Agency (FEMA) to provide notice of any change to flood insurance map panels, including any change in a letter of map amendment or a letter of map revision by: (1) providing the chief executive officer of each community affected by the change, by registered mail, a copy of the revised maps for such community and a statement explaining the process under this Act to appeal to the Director for changes in such revised maps; and (2) causing notice of such changes to be published in the Federal Register, and a statement explaining the process (under this Act) to appeal to the Director for changes in such revised maps.
Allows a community affected by the change to appeal the change.
Requires the Director: (1) during a 30-day period that begins upon the receipt of an objection, to determine whether to deny the objection, revise the changes to the panels in response to the objection, or to grant additional time to the community to obtain evidence related to the objection; and (2) to notify the chief executive of the community, in writing and by registered mail, of such determination.
Requires the Director, not later than 30 days after any final determination as described by this Act, to provide written notification to each owner of real property affected by the change to panels resulting from such determination.
Requires the Director, if an owner of real property affected by a change to panels incurs expense in connection with the services of surveyors, engineers, or similar services (but not legal services) in effecting any appeal of such change to the Director which is successful, to reimburse such individual for such expense.
Amends the National Flood Insurance Act of 1968 to repeal the requirement for the publication or notification of proposed flood elevation determinations to require the Director, in establishing projected flood elevations for land use purposes for any community, to first propose such determinations by: (1) providing the chief executive officer of each community affected by the proposed elevations, by registered mail, notice of the elevations, including a copy of the maps and a statement explaining the process to appeal for changes in such elevations; (2) causing notice of such elevations to be published in the Federal Register, which shall include a statement explaining the process to appeal for changes in such elevations; and (3) publishing the elevations in a prominent local newspaper. | {"src": "billsum_train", "title": "National Flood Insurance Program Fairness Act"} | 1,499 | 497 | 0.787342 | 2.60316 | 0.831859 | 5.462527 | 3.141328 | 0.970021 |
SECTION 1. AUDIT PROCEDURES.
(a) In General.--
(1) Annual audit requirement.--The White County Bridge
Commission (created by the Act approved April 12, 1941 (55
Stat. 140) and in this Act referred to as the ``Commission'')
shall provide for an annual audit of its financial transactions
by an independent public accountant of recognized standing in
such manner as prescribed by the Governors of the States of
Indiana and Illinois and in accordance with generally accepted
auditing standards.
(2) Availability of records.--The Commission shall make
available for purposes of the audit all books, accounts,
financial records, reports, files, and all other papers,
documents, or property belonging to or in use by the
Commission.
(3) GAO advice.--The General Accounting Office is
authorized and directed to make available its advice on any
matter pertaining to an audit performed pursuant to this
section.
(b) Audit Report.--The Commission within 4 months following the
close of the fiscal year for which the audit is made shall submit a
copy of the audit report to the Governors of the States of Indiana and
Illinois and to the Secretary of Commerce. The report shall set forth
the scope of the audit and shall include a statement of assets and
liabilities, capital, and surplus or deficits; a statement of surplus
or deficit analysis, a statement of income and expense; a statement of
sources and application of funds; and such comments and information as
may be deemed necessary to keep the Governors and the Secretary
informed of the operations and financial condition of the Commission.
(c) Additional Audits.--The Governor of the State of Indiana or
Illinois or the Secretary of Commerce is authorized to provide for the
conduct of further audits of the Commission if the audit report
submitted under subsection (b) is not satisfactory to the Governor or
the Secretary, as the case may be.
(d) Cost.--The Commission shall bear all expenses of the annual
audit of its financial transactions as required by this section. All
expenses of any additional audit required under this section shall be
paid by the official or agency requesting such additional audit.
SEC. 2. MEMBERSHIP.
(a) Continuation.--Each person who is a member, on the date of
enactment of this Act, of the Commission shall continue in office until
the expiration of his or her present term, except as provided in
subsection (b).
(b) Terms of Office.--Notwithstanding any other provision of law,
the term of office of each person who is a member of the Commission on
the date of enactment of this Act shall expire on the 90th day
following such date of enactment. The Secretary of Commerce may
thereupon appoint 3 persons as members of the Commission, 1 for a term
of 2 years, 1 for a term of 4 years, and 1 for a term of 6 years. Each
person appointed as a member of the Commission thereafter shall be a
resident of White County, Illinois, or Posey County, Indiana, and shall
be appointed for a term of 6 years, except that a person appointed to
fill a vacancy shall serve only for the unexpired term of his
predecessor.
(c) Bond.--Each person appointed under this section shall give such
bond as may be fixed by the Secretary, conditioned upon the faithful
performance of all duties required by this Act. The cost of such bonds
shall be deemed an operating expense of the Commission.
(d) Chairman.--The Secretary shall designate the member of the
Commission who shall serve as chairman for a term of 2 years and the
member who shall serve as vice chairman for a term of 2 years.
(e) Vacancies.--Vacancies in the Commission shall not affect its
powers and shall be filled in the same manner as the original
appointments were made. Incumbent members whose terms have expired
shall hold over in office until their successors are appointed and
qualified.
(f) Rules.--The Commission shall have power to establish rules and
regulations for the government of its business.
(g) Oath.--Each member appointed under this Act shall qualify
within 30 days after appointment by filing with the Secretary of
Commerce an oath that he will faithfully perform the duties imposed
upon him by law.
(h) Removal for Cause.--Each member appointed under this Act shall
be removable for cause by the Secretary of Commerce.
(i) Limitation on Applicability.--This section shall not be
applicable to ex officio members or State highway department members of
the Commission.
SEC. 3. ANNUAL REPORT.
(a) Submission.--The Commission shall submit an annual report
covering its operations and fiscal transactions during the preceding
fiscal year and its financial condition and a statement of all receipts
and expenditures during such period to the Governors of the States of
Indiana and Illinois and to the Secretary of Commerce not later than 4
months following the last day of the fiscal year for which the audit
required under section 1 of this Act is made.
(b) Review.--The Secretary shall review such annual reports and
audit reports submitted under section 1(b) of this Act and shall make
recommendations to Congress based upon such review, or take such other
action as the Secretary may consider necessary, to effectuate the
intent of Congress as established by this Act and by the Act approved
April 12, 1941 (55 Stat. 140).
SEC. 4. AUTHORITY TO TRANSFER.
Authority is granted to transfer all functions, powers, duties,
responsibilities, authority, assets, liability, obligations, books,
records, property, and equipment of the Commission, to the highway
department or other agency of the States of Indiana and Illinois, or to
joint agencies established by interstate compact or agreement. Such
transfer shall be carried out in a manner as may be prescribed or
authorized by the laws of the States. Upon such transfer, the
Commission shall cease to exist.
SEC. 5. SPECIAL RULES.
(a) Enforcement.--All provisions of the Act approved April 12, 1941
(55 Stat. 144), may be enforced or the violation thereof prevented by
mandamus, injunction, or other appropriate remedy by the chief legal
officer of either the State of Indiana or Illinois in any court having
competent jurisdiction of the subject matter and of the parties.
(b) Non-Federal Employees.--Members and employees of the Commission
shall not be treated as Federal officers and employees.
(c) Pay.--
(1) Per diem; travel expenses.--The members of the
Commission shall each be entitled to a per diem compensation
for their services of $20 for each day actually spent in the
business of the Commission, but the maximum per diem
compensation of the chairman in any 1 year shall not exceed
$3,000 and of each other member in any 1 year shall not exceed
$2,000. The members of the Commission shall also be entitled to
receive traveling expense allowance of the standard mileage
rate for each mile actually traveled on the business of the
Commission.
(2) Treatment of payments.--Payments under the provisions
of this subsection shall be in lieu of any other payments for
salary or expenses authorized for service as a member of the
Commission under the provisions of any other Federal law
relating to the Commission, but nothing in this subsection
shall affect any other Federal law with respect to the funds
from which any such payments shall be made. | Requires the White County Bridge Commission to provide for the annual audit of its financial transactions (with respect to the New Harmony Bridge over the Wabash River) as prescribed by the Governors of the States of Indiana and Illinois. Directs the General Accounting Office to give advice on such audits. Requires the Commission to submit a copy of the audit report to the Governors and the Secretary of Commerce. Allows each Governor or the Secretary of Commerce to provide for the conduct of further audits as they see fit. Declares that the Commission shall bear all expenses of the annual audit.Directs the Commission to submit an annual report to the Governors and the Secretary covering operations and fiscal transactions. Allows the Commission to transfer all functions, powers, duties, and other specified elements to the highway department or other agency of either of the two States, upon which action the Commission shall cease to exist. | {"src": "billsum_train", "title": "To provide for the annual audit of the White County Bridge Commission, for the New Harmony Bridge over the Wabash River, Indiana and Illinois, for the filling of vacancies in the membership thereof, and for other purposes."} | 1,577 | 190 | 0.598742 | 1.737612 | 0.759342 | 3.589286 | 8.827381 | 0.89881 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Access and Flexibility Act of
2003''.
SEC. 2. EXPANSION OF MEDICAL SAVINGS ACCOUNTS.
(a) Availability Not Limited to Accounts for Employees of Small
Employers and Self-Employed Individuals.--
(1) In general.--Subparagraph (A) of section 220(c)(1) of
the Internal Revenue Code of 1986 (relating to eligible
individual) is amended to read as follows:
``(A) In general.--The term `eligible individual'
means, with respect to any month, any individual if--
``(i) such individual is covered under a
high deductible health plan as of the 1st day
of such month, and
``(ii) such individual is not, while
covered under a high deductible health plan,
covered under any health plan--
``(I) which is not a high
deductible health plan, and
``(II) which provides coverage for
any benefit which is covered under the
high deductible health plan.''.
(2) Repeal of Limitations on Number of Medical Savings
Accounts.--
(A) In general.--Subsections (i) and (j) of section
220 are hereby repealed.
(B) Conforming amendments.--
(i) Paragraph (1) of section 220(c) of such
Code is amended by striking subparagraph (D).
(ii) Section 138 of such Code is amended by
striking subsection (f).
(3) Conforming amendments.--
(A) Section 220(c)(1) of such Code is amended by
striking subparagraph (C).
(B) Section 220(c) of such Code is amended by
striking paragraph (4) (defining small employer) and by
redesignating paragraph (5) as paragraph (4).
(C) Section 220(b) of such Code is amended by
striking paragraph (4) (relating to deduction limited
by compensation) and by redesignating paragraphs (5),
(6), and (7) as paragraphs (4), (5), and (6),
respectively.
(b) Reduction of Permitted Deductibles Under High Deductible Health
Plans.--
(1) In general.--Subparagraph (A) of section 220(c)(2) of
such Code (defining high deductible health plan) is amended--
(A) in clause (i) by striking ``$1,500'' and
inserting ``$1,000'', and
(B) in clause (ii) by striking ``$3,000'' and
inserting ``$2,000''.
(2) Cost of living adjustment.--Subsection (g) of section
220 of such Code is amended by striking ``each dollar amount in
subsection (c)(2) shall be increased'' and inserting ``the
$2,250, $4,500, $3,000, and $5,500 amounts in subsection
(c)(2)(A) shall each be increased''.
(c) Increase in Amount of Deduction Allowed for Contributions to
Medical Savings Accounts.--
(1) In general.--Paragraph (2) of section 220(b) of such
Code is amended to read as follows:
``(2) Monthly limitation.--The monthly limitation for any
month is the amount equal to \1/12\ of the annual deductible
under the type of coverage such individual has for such
month.''
(2) Conforming amendment.--Clause (ii) of section
220(d)(1)(A) of such Code is amended by striking ``75 percent
of''.
(d) Both Employers and Employees May Contribute to Medical Savings
Accounts.--Paragraph (4) of section 220(b) of such Code (as
redesignated by subsection (b)(2)(C)) is amended to read as follows:
``(4) Coordination with exclusion for employer
contributions.--The limitation which would (but for this
paragraph) apply under this subsection to the taxpayer for any
taxable year shall be reduced (but not below zero) by the
amount which would (but for section 106(b)) be includible in
the taxpayer's gross income for such taxable year.''.
(e) Rollovers to Archer MSAs From Health Flexible Spending
Arrangements..--
(1) In general.--Subsection (d) of section 220 of the
Internal Revenue Code of 1986 (defining Archer MSA) is amended
by redesignating paragraph (4) as paragraph (5) and by
inserting after paragraph (3) the following new paragraph:
``(4) Special rule for rollovers from health flexible
spending accounts.--A rollover contribution described in this
paragraph is a transfer from a flexible spending account (as
defined in section 125(h)) to the extent the amount received is
paid into an Archer MSA for the benefit of such holder not
later than the 60th day after the day on which the holder
receives the payment or distribution.''.
(2) Rollover of unused health benefits in cafeteria plans
and flexible spending arrangements.--
(A) In general.--Section 125 of such Code (relating
to cafeteria plans) is amended by redesignating
subsections (h) and (i) as subsections (i) and (j),
respectively, and by inserting after subsection (g) the
following:
``(h) Rollover to Archer Medical Savings Accounts of Certain Unused
Health Benefits.--
``(1) In general.--For purposes of this title, a plan or
other arrangement shall not fail to be treated as a cafeteria
plan solely because qualified benefits under such plan include
a health flexible spending arrangement under which, with
respect to any plan year, health benefits which are unused at
the end of such year may be transferred to an Archer MSA of the
employee.
``(2) Tax treatment of unused health benefits.--Amounts
transferred under paragraph (1) to an Archer MSA shall not be
includible in gross income for such taxable year and shall not
be treated as a contribution for purposes of section 220(a).
``(3) Health flexible spending arrangement.--For purposes
of this subsection, the term `health flexible spending
arrangement' means a flexible spending arrangement (as defined
in section 106(c)) that is a qualified benefit and only permits
reimbursement for expenses for medical care (as defined in
section 213(d)(1) (without regard to subparagraphs (C) and (D)
thereof).
``(4) Unused health benefits.--For purposes of this
subsection, the term `unused health benefits' means the excess
of--
``(A) the maximum amount of reimbursement allowable
for a plan year under a health flexible spending
arrangement, over
``(B) the actual amount of reimbursement for such
year under such arrangement.''.
(B) Conforming amendment.--Section 220(d)(1)(A) of
such Code is amended by inserting ``described in
paragraph (4) or'' after ``contribution''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 3. MEDICAL FREEDOM ACCOUNTS UNDER THE MEDICAID PROGRAM AND UNDER
THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP).
(a) In General.--Title XIX of the Social Security Act is amended--
(1) by redesignating section 1935 as section 1936; and
(2) by inserting after section 1934 the following new
section:
``medical freedom accounts
``Sec. 1935. (a) Authority.--
``(1) In general.--Notwithstanding any other provision of
this title, a State may amend its State plan under this title
(including in a Statewide waiver under section 1115 relating to
this title) to provide in accordance with this section for the
provision of alternative benefits consistent with subsection
(c) for eligible population groups in one or more geographic
areas of the State specified by the State. An amendment under
the previous sentence is referred to in this section as a
`State plan amendment'.
``(2) Approval.--The Secretary shall not approve a State
plan amendment under paragraph (1) unless the amendment
incorporates the following:
``(A) Creating patient awareness of the high cost
of medical care.
``(B) Providing incentives to patients to seek
preventive care services.
``(C) Reduction in inappropriate use of health care
services.
``(D) Enabling patients to take responsibility for
health outcomes.
``(b) Eligible Populations Groups.--The State plan amendment under
this section shall specify the eligible population groups.
``(c) Alternative Benefits.--
``(1) In general.--The alternative benefits provided under
this section shall consist of at least--
``(A) coverage for medical expenses in a year after
a catastrophic deductible has been met; and
``(B) contribution into a medical freedom account.
``(2) Overriding existing benefits.--The provisions of this
title relating to mandated benefits or cost-sharing or
comparability of benefits (including sections 1902(a)(10) and
1916) shall not apply to an individual or family being provided
alternative benefits under this section.
``(3) Treatment as medical assistance.--Payments for
alternative benefits under this section (including
contributions into a medical freedom account) shall be treated
as medical assistance for purposes of section 1903(a).
``(d) Medical Freedom Account.--
``(1) In general.--For purposes of this section, the term
`medical freedom account' means an account that meets the
requirements of this subsection.
``(2) Contributions.--
``(A) In general.--No contribution may be made into
a medical freedom account except--
``(i) contributions by the State under this
title; and
``(ii) contributions by an employer, which
may not exceed, in the case of an individual
otherwise eligible for benefits under this
title, $1,000 per account per year.
``(B) Limitation.--In no case may a contribution be
made into a medical freedom account if the balance in
such account exceeds $3,500, in the case of an account
for an individual, or $5,500, in the case of an account
for a family.
``(3) Use.--
``(A) In general.--Subject to the succeeding
provisions of this paragraph, amounts in a medical
freedom account may be used only for the payment of
medical care (as defined by section 213(d) of the
Internal Revenue Code of 1986), and may only be used
for expenses in the year in which the contribution was
made. The State plan amendment shall provide for a
method whereby withdrawals may be made from the account
for such purposes using an electronic benefits transfer
(EBT) system.
``(B) Rollover permitted.--
``(i) In general.--Subject to clause (ii),
amounts in a medical freedom account at the end
of a year may be rolled over and used in the
following year.
``(ii) Preventive care may be required for
rollover for medicaid beneficiaries.--In the
case of an account holder who is eligible for
benefits under this title in December of a
year, amounts in the medical freedom account at
the end of the year may be rolled over and used
in the following year only apply if the account
holder meets such preventive care requirements
as is provided under the State plan amendment.
``(C) Maintenance of medical freedom account after
becoming ineligible for public benefit.--
Notwithstanding any other provision of law, if an
account holder of a medical freedom account becomes
ineligible for benefits under this title because of an
increase in income or assets, no additional
contribution shall be made into the account under
paragraph (2)(A)(i) but the account shall remain
available to the account holder for withdrawals under
the same terms and conditions as if the account holder
remained eligible for such benefits, except that the
amounts in the account shall be available for the
purchase of health insurance coverage. An account
holder of a medical freedom account, after becoming so
ineligible, is not required to purchase high-deductible
or other insurance as a condition of maintaining or
using the account.
``(4) Administration.--A State shall coordinate
administration of medical freedom accounts through the use of a
third party administrator.
``(5) Treatment.--Amounts in a medical freedom account
shall not be counted as income or assets for purposes of
determining eligibility for benefits under this title.
``(6) Unauthorized withdrawals.--A State may establish
procedures--
``(A) to penalize or remove an individual from the
medical freedom account program based on nonqualified
withdrawals by the individual from such an account; and
``(B) to recoup costs that derive from such
nonqualified withdrawals.''.
(b) Application Under the State Children's Health Insurance Program
(SCHIP).--Section 2107(e)(1) of the Social Security Act (42 U.S.C.
1397gg(e)(1)) is amended by adding at the end the following new
subparagraph:
``(E) Section 1935 (relating to medical freedom
accounts).''.
(c) Exclusion From Gross Income for Employer Contributions to
Medical Freedom Accounts.--Section 106 of the Internal Revenue Code of
1986 (relating to contributions by employer to accident and health
plans) is amended by adding at the end the following new subsection:
``(d) Contributions to Medical Freedom Accounts.--
``(1) In general.--In the case of an employee who is an
eligible individual, amounts contributed by such employee's
employer to any medical freedom account of such employee shall
be treated as employer-provided coverage for medical expenses
under an accident or health plan to the extent such amounts do
not exceed the limitation under section 1935(d)(2) of the
Social Security Act which is applicable to such employee for
such taxable year.
``(2) No constructive receipt.--No amount shall be included
in the gross income of any employee solely because the employee
may choose between the contributions referred to in paragraph
(1) and employer contributions to another health plan of the
employer.
``(3) Employer medical freedom account contribution
required to be shown on return.--Every individual required to
file a return under section 6012 for the taxable year shall
include on such return the aggregate amount contributed by
employers to the medical freedom accounts of such individual or
such individual's spouse for such taxable year.
``(4) Contributions not part of cobra coverage.--Paragraph
(1) shall not apply for purposes of section 4980B.
``(5) Definitions.--For purposes of this subsection--
``(A) Eligible individual.--The term `eligible
individual' means an individual for whose benefit a
medical freedom account is established under section
1935 of the Social Security Act.
``(B) Medical freedom account.--The term `medical
freedom account' has the meaning given to such term by
section 1935 of the Social Security Act.''. | Health Access and Flexibility Act of 2003 - Amends the Internal Revenue Code with respect to Archer medical savings accounts to: (1) eliminate such accounts' availability to only self-employed individuals and employees of small employers; (2) repeal the 750,000 limitation on the number of such accounts; (3) reduce the permitted minimum deductibles on qualifying high deductible plans to $1,000 (single coverage), and $2,000 (family coverage); (4) increase the monthly (and thus the annual) deduction limitation permitted for account contributions; (5) permit employer and employee contributions to be made to an account; (6) make cost-of-living adjustments applicable to only high deductible plan maximums; and (7) provide for 60-day rollovers from a health flexible spending arrangement to an account.Amends title XIX of the Social Security Act (Medicaid) to authorize a State to provide alternative medical benefits for eligible population groups which shall consist of at least: (1) coverage for medical expenses in a year after a catastrophic deductible has been met; and (2) contribution into a medical freedom account (as defined by this Act). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand medical savings accounts and to amend title XIX of the Social Security Act to provide for medical freedom accounts under the Medicaid and State children's health insurance programs."} | 3,372 | 235 | 0.518804 | 1.451822 | 0.763657 | 2.745536 | 13.392857 | 0.924107 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Transportation Financing
Improvement Act of 1993''.
SEC. 2. STATE TRANSPORTATION INVESTMENT LOAN FUNDS.
Chapter 1 of title 23, United States Code, is amended by adding at
the end the following new section:
``Sec. 161. State transportation investment loan funds
``(a) Establishment.--
``(1) In general.--Subject to the requirements of this
section and notwithstanding any other provision of law, a State
may establish a transportation revolving loan fund (referred to
in this section as a `transportation investment loan fund') for
making loans and providing other assistance to public or
private entities constructing or proposing to construct
projects or programs that are eligible to receive assistance
under section 133(b) (referred to in this section as a
`qualifying project').
``(2) Determination of deposit and spend-out rates.--For
each fiscal year, not later than 90 days after the date of
enactment of an appropriations Act that funds the majority of
programs of the Department of Transportation for the fiscal
year, the Secretary, in consultation with the Director of the
Office of Management and Budget and the Director of the
Congressional Budget Office, in accordance with recognized
scorekeeping conventions, shall establish a schedule for
deposits and payments made by or on behalf of a State with
respect to a transportation investment loan fund established
pursuant to paragraph (1) to meet the obligations of the State
referred to in paragraph (3).
``(3) Obligations and deposits.--A State may obligate for
deposit in a transportation investment loan fund, from funds
apportioned or allocated to the State under sections 104(b)(3)
and 157, an amount not to exceed the sum of--
``(A) the discretionary 37.5 percent of the
remaining 80 percent of the surface transportation
program funds apportioned to the State under section
104(b)(3), as described in the matter following clause
(ii) of section 133(d)(3)(A); and
``(B) the difference between the amount allocated
to the State pursuant to section 157(a)(4) and the
amount that is obligated to urbanized areas of the
State pursuant to section 133(d)(3).
``(4) Treatment of deposits.--Any amounts deposited by a
State pursuant to paragraph (3) shall be considered an
expenditure by the State.
``(5) Applicability of cash management requirements.--
Sections 3335 and 6503 of title 31, United States Code, shall
not apply to this section.
``(b) State Matching Requirement.--
``(1) Additional deposit from non-federal sources.--At the
same time as a State deposits funds under subsection (a) into a
transportation investment loan fund, the State shall deposit
into the transportation investment loan fund from non-Federal
sources an additional amount of State matching funds equal to--
``(A) the sum of--
``(i) the amount deposited pursuant to
subsection (a); and
``(ii) an amount equal to the proportional
non-Federal share that the State would
otherwise pay on the basis of the amount,
determined in accordance with section 120(b);
multiplied by
``(B) the percentage amount of the non-Federal
share for the State for a project carried out by the
State, determined in accordance with section 120(b).
``(2) Investment income.--All investment income earned on
amounts deposited into the transportation investment loan fund
shall be--
``(A) credited to the transportation investment
loan fund; and
``(B) available for use in providing loans and
other assistance from the transportation investment
loan fund.
``(c) Loans and Other Assistance.--
``(1) General authority.--From the amounts deposited into a
transportation investment loan fund established by a State
under this section, a State may loan to a public or private
entity an amount equal to all or part of the cost of
constructing a qualifying project, or provide other assistance
with respect to a qualifying project.
``(2) Compliance with the federal transit act, federal
environmental laws, and other requirements.--As a condition of
receiving a loan or other assistance under this section, the
public or private entity that receives the loan or other
assistance shall comply with the requirements of this title and
any other applicable Federal law (including any applicable
provision of the Federal Transit Act (49 U.S.C. App. 1601 et
seq.) or a Federal environmental law).
``(3) Subordination of debt.--The amount of a loan or other
assistance (if applicable) received for a qualifying project
under this subsection may be subordinated to any other debt
financing for the project or program, except that amount of the
loan or other assistance may not be subordinated to any other
loan made by a State or any other public entity to the entity
that receives the loan or other assistance.
``(4) Repayment.--The repayment of a loan or other
assistance (if applicable) made pursuant to this subsection
shall commence not later than 5 years after the qualifying
project that is the subject of the loan or other assistance has
opened to traffic.
``(5) Term of loan.--The term of a loan made pursuant to
this subsection shall not exceed 30 years from the date of
obligation of the loan.
``(6) Interest.--A loan made pursuant to this subsection
shall bear interest at a rate at or below market interest
rates, as determined by the State to make the qualifying
project that is the subject of the loan feasible.
``(7) Reuse of funds.--The repayment of a loan or other
assistance (if applicable) provided pursuant to this subsection
may be credited to the transportation investment loan fund or
obligated for any purpose for which the funds were available.
``(8) Procedures and guidelines.--Not later than 180 days
after the date of enactment of this section, the Secretary
shall establish procedures and guidelines for establishing,
operating, and making loans and providing other assistance from
a transportation investment loan fund.
``(d) Definition of Other Assistance.--As used in this section, the
term `other assistance' includes any use of funds--
``(1) to refinance outstanding debt used to finance a
qualifying project if the State certifies that any savings that
result from the refinancing shall be used to carry out the
purposes of this title;
``(2) to guarantee or purchase insurance or other forms of
enhancement for borrower debt in order to improve credit market
access or to subsidize interest rates; and
``(3) to provide a loan guarantee for a loan made from the
transportation investment loan fund.
``(e) Other Uses of the Transportation Investment Loan Fund.--
``(1) Source of revenue or security for bonds.--
Notwithstanding any other provision of this section, a State
may use funds from the transportation investment loan fund of
the State as security for bonds and notes issued to provide
capital in addition to the capital referred to in subsection
(a)(2) for the transportation investment loan fund.
``(2) Administrative costs.--For each fiscal year, a State
may use an amount not to exceed 2 percent of the Federal funds
deposited by the State into the transportation investment loan
fund of the State to provide for the reasonable costs of
administering the transportation investment loan fund.''.
SEC. 3. LOANS OF FEDERAL FUNDS FOR THE CONSTRUCTION OF NONTOLL
FACILITIES.
Chapter 1 of title 23, United States Code, as amended by section 2,
is further amended by adding at the end the following new section:
``Sec. 162. Loans of Federal funds for the construction of nontoll
facilities
``(a) In General.--
``(1) Loans.--A State may loan an amount equal to all or
part of the Federal share of a project or program to a public
or private entity constructing or proposing to construct a
nontoll facility if the repayment of the loan by the public or
private entity will be made from a dedicated revenue source,
including any excise tax, sales tax, motor vehicle use fees,
tax on real property, tax increment financing, or other
dedicated revenue sources.
``(2) Definition of qualifying project.--As used in this
section, the term `qualifying project' means a project that
meets the requirements of paragraph (1).
``(b) Compliance with the Federal Transit Act, Federal
Environmental Laws, and Other Requirements.--As a condition of
receiving a loan under this section, the public or private entity that
receives the loan shall ensure that the qualifying project complies
with the requirements of this title and any other applicable law
(including any applicable provision of the Federal Transit Act (49
U.S.C. App. 1601 et seq.) or a Federal environmental law).
``(c) Subordination of Debt.--The amount of a loan received for a
project under this section may be subordinated to any other debt
financing for the project, except that the amount of the loan may not
be subordinated to the amount of any other loan made by the State or
any other public entity to the entity constructing the project.
``(d) Obligation of Funds Loaned.--Funds loaned pursuant to this
section may be obligated for qualifying projects.
``(e) Repayment.--The repayment of a loan made pursuant to this
section shall commence not later than 5 years after the qualifying
project that is the subject of the loan has opened to traffic.
``(f) Term of Loan.--The term of a loan made pursuant to this
section shall not exceed 30 years from the date of obligation of the
loan.
``(g) Interest.--A loan made pursuant to this section shall bear
interest at a rate at or below market interest rates, as determined by
the State to make the qualifying project that is the subject of the
loan feasible.
``(h) Reuse of Funds.--Amounts repaid to a State from any loan made
pursuant to this section may be obligated--
``(1) for any purpose for which the loaned funds were
available; and
``(2) for--
``(A) the refinancing of outstanding debt used to
finance a qualifying project;
``(B) the guarantee or purchase of insurance or
other forms of enhancement for borrower debt in order
to improve credit market access or to subsidize
interest rates; or
``(C) the provision of a loan guarantee.
``(i) Guidelines.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish procedures and
guidelines for making loans pursuant to this section.''.
SEC. 4. TOLL ROADS.
Paragraph (7) of section 129(a) of title 23, United States Code, is
amended to read as follows:
``(7) Loans.--
``(A) In general.--A State may loan an amount equal
to all or part of the Federal share of a toll project
under this section to a public or private entity
constructing or proposing to construct a toll project.
As used in this paragraph, the term `qualifying
project' means a project referred to in the preceding
sentence.
``(B) Compliance with the federal transit act,
federal environmental laws, and other requirements.--As
a condition to receiving a loan under this paragraph,
the public or private entity that receives the loan
shall ensure that the qualifying project complies with
the requirements of this title and any other applicable
law (including any applicable provision of the Federal
Transit Act (49 U.S.C. App. 1601 et seq.) or a Federal
environmental law).
``(C) Subordination of debt.--The amount of a loan
received for a qualifying project under this paragraph
may be subordinated to any other debt financing for the
project, except that the amount of the loan may not be
subordinated to the amount of any other loan made by
the State or any other public entity to the entity
constructing the project.
``(D) Obligation of funds loaned.--Funds loaned
pursuant to this paragraph may be obligated for
qualifying projects.
``(E) Repayment.--The repayment of a loan made
pursuant to this paragraph shall commence not later
than 5 years after the facility that is the subject of
the loan has opened to traffic.
``(F) Term of loan.--The term of a loan to a
private or public entity shall not exceed 30 years from
the time that the loan was obligated.
``(G) Interest.--A loan made pursuant to this
paragraph shall bear interest at a rate at or below
market interest rates, as determined by the State to
make the qualifying project that is the subject of the
loan feasible.
``(H) Reuse of funds.--Amounts repaid to a State
from a loan made under this paragraph may be
obligated--
``(i) for any purpose for which the loaned
funds were available; and
``(ii) for--
``(I) the refinancing of
outstanding debt used to finance a
qualifying project;
``(II) the guarantee or purchase of
insurance or other forms of enhancement
for borrower debt in order to improve
credit market access or to subsidized
interest rates; or
``(III) the provision of a loan
guarantee.
``(I) Guidelines.--Not later than 180 days after
the date of enactment of the State Transportation
Financing Improvement Act of 1993, the Secretary shall
establish procedures and guidelines for making loans
pursuant to this paragraph.''.
SEC. 5. CONFORMING AMENDMENT TO TABLE OF CONTENTS.
The chapter analysis at the beginning of chapter 1 of title 23,
United States Code, is amended by adding at the end the following new
items:
``161. State transportation investment loan funds.
``162. Loans of Federal funds for the construction of nontoll
facilities.''. | State Transportation Financing Improvement Act of 1993 - Amends Federal transportation law to authorize a State to establish a transportation revolving investment loan fund to make loans and provide other assistance to public or private entities constructing projects eligible to receive assistance under the surface transportation program. Requires the Secretary of Transportation to establish each fiscal year a schedule for deposits and payments made by or on behalf of a State with respect to the fund.
Authorizes a State to use the fund as security for bonds or notes issued to provide capital for the fund.
Authorizes a State to loan an amount equal to all or part of the Federal share of a project to a public or private entity constructing: (1) a nontoll facility if loan repayment will be made from a dedicated revenue source, including any excise tax, sales tax, motor vehicle use fees, tax on real property, tax increment financing, or other dedicated revenue sources; or (2) a toll project.
Requires the public or private entity, as a condition of receiving loans or other assistance, to comply with the requirements of this Act, the Federal Transit Act, and any Federal environmental laws. | {"src": "billsum_train", "title": "State Transportation Financing Improvement Act of 1993"} | 3,134 | 252 | 0.600643 | 1.668964 | 0.808027 | 4.859729 | 12.932127 | 0.968326 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Trafficking Fraud Enforcement
Act of 2017''.
SEC. 2. OFFICE FOR TAX LAW ENFORCEMENT RELATING TO HUMAN TRAFFICKING
AND PROMOTION OF COMMERCIAL SEX ACTS.
(a) Establishment.--The Secretary of the Treasury shall establish
an office within the Internal Revenue Service to investigate and
prosecute violations of the internal revenue laws by persons that
appear to be engaged in conduct in violation of any of the provisions
specified in subsection (b).
(b) Certain Criminal Provisions Relating to Human Trafficking and
Promotion of Commercial Sex Acts.--The provisions of law referenced in
this subsection are as follows:
(1) The following provisions of title 18, United States
Code:
(A) Section 1351.
(B) Section 1589.
(C) Section 1590.
(D) Section 1591(a).
(E) Section 1952.
(F) Section 2421.
(G) Section 2422.
(H) Subsection (a), (d), or (e) of section 2423.
(2) Section 1328 of title 8, United States Code.
(3) The laws of any State or territory that prohibit the
promotion of prostitution or of any commercial sex act (as such
term is defined in section 1591(e)(3) of title 18, United
States Code).
(c) Cooperation With Department of Justice.--To the extent
possible, the office established under subsection (a) shall cooperate
with the Child Exploitation and Obscenity Section of the Department of
Justice and the Innocence Lost National Initiative of the Federal
Bureau of Investigation.
(d) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Treasury shall report to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate on the enforcement activities of the
office established under subsection (a) and shall include any
recommendations for statutory changes to assist in future prosecutions
pursuant to this section.
(e) Applicability of Whistleblower Awards to Victims of Human
Trafficking.--For purposes of making an award under paragraph (1) or
(2) of section 7623(b) of the Internal Revenue Code of 1986 with
respect to information provided by victims of any person convicted of
violating any of the provisions specified in subsection (b), the
determination of whether such person is described in such paragraph
shall be made without regard to paragraph (3) of section 7623(b) of
such Code.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated not
more than $4,000,000 for fiscal year 2018 to carry out
subsection (a).
(2) Additional funding for administration of office.--
Unless specifically appropriated otherwise, there is authorized
to be appropriated and is appropriated to the office
established under subsection (a) for fiscal years 2018 and 2019
for the administration of such office an amount equal to the
sum of--
(A) the amount of any tax under chapter 1 of the
Internal Revenue Code of 1986 (including any interest)
collected during such fiscal years as the result of the
actions of such office, plus
(B) the amount of any civil or criminal monetary
penalties imposed under such Code relating to such tax
and so collected.
Amounts not expended under the preceding sentence shall be
transferred to and deposited in the Crime Victims Fund in the
Treasury (42 U.S.C. 10601).
SEC. 3. INCREASE IN CRIMINAL MONETARY PENALTIES.
(a) Attempt To Evade or Defeat Tax.--Section 7201 of the Internal
Revenue Code of 1986 (relating to attempt to evade or defeat tax) is
amended--
(1) by striking ``Any person'' and inserting the following:
``(a) In General.--Any person'', and
(2) by adding at the end the following new subsection:
``(b) Attempt To Evade or Defeat Tax Attributable to Human
Trafficking and Commercial Sex Acts.--
``(1) In general.--In the case of any attempt to evade or
defeat any tax attributable to income derived from an act
described in paragraph (2), subsection (a) shall be applied--
``(A) by substituting `$500,000 ($1,000,000' for
`$100,000 ($500,000', and
``(B) by substituting `10 years' for `5 years'.
``(2) Human trafficking and commercial sex acts.--For
purposes of paragraph (1), an act described in this paragraph
is any act which is a violation of any of the provisions
specified in section 2(b) of the Human Trafficking Fraud
Enforcement Act of 2017.''.
(b) Willful Failure To File Return, Supply Information, or Pay
Tax.--
(1) General increase in monetary penalty.--Section 7203 of
the Internal Revenue Code of 1986 (relating to willful failure
to file return, supply information, or pay tax) is amended by
striking ``$25,000'' and inserting ``$50,000''.
(2) Increase in penalties for failure to file with respect
to tax attributable to human trafficking and commercial sex
acts.--
(A) In general.--Section 7203 of the Internal
Revenue Code of 1986 (relating to willful failure to
file return, supply information, or pay tax), as
amended by paragraph (1), is amended by striking ``Any
person'' in the first sentence and inserting the
following:
``(a) In General.--Any person'', and
(B) by adding at the end the following new
subsection:
``(b) Failure To File With Respect to Tax Attributable to Human
Trafficking and Commercial Sex Acts.--In the case of any failure with
respect to any tax attributable to income derived from an act described
in paragraph (2) of section 7201(b), the first sentence of subsection
(a) shall be applied by substituting--
``(1) `felony' for `misdemeanor',
``(2) `$500,000 ($1,000,000' for `$50,000 ($100,000', and
``(3) `10 years' for `1 year'.''.
(3) Conforming amendment.--The third sentence of section
7203(a) of the Internal Revenue Code of 1986 (as amended by
paragraph (1)) is amended by striking ``this section'' and
inserting ``this subsection''.
(c) Fraud and False Statements.--Section 7206 of the Internal
Revenue Code of 1986 (relating to fraud and false statements) is
amended--
(1) by striking ``Any person'' and inserting the following:
``(a) In General.--Any person'', and
(2) by adding at the end the following new subsection:
``(b) Fraud and False Statements With Respect to Tax Attributable
to Human Trafficking and Commercial Sex Acts.--In the case of any
violation of subsection (a) relating to any tax attributable to income
derived from an act described in paragraph (2) of section 7201(b),
subsection (a) shall be applied--
``(1) by substituting `$500,000 ($1,000,000' for `$100,000
($500,000', and
``(2) by substituting `5 years' for `3 years'.''.
(d) Penalties May Be Applied in Addition to Other Penalties.--
Section 7204 of the Internal Revenue Code of 1986 (relating to
fraudulent statement or failure to make statement to employees) is
amended by striking ``the penalty provided in section 6674'' and
inserting ``the penalties provided in sections 6674, 7201, and 7203''.
(e) Increase in Monetary Limitation for Underpayment or Overpayment
of Tax Due to Fraud.--Section 7206 of the Internal Revenue Code of 1986
(relating to fraud and false statements), as amended by subsection (c),
is amended by adding at the end the following new subsection:
``(c) Increase in Monetary Limitation for Underpayment or
Overpayment of Tax Due to Fraud.--If any portion of any underpayment
(as defined in section 6664(a)) or overpayment (as defined in section
6401(a)) of tax required to be shown on a return is attributable to
fraudulent action described in subsection (a), the applicable dollar
amount under subsection (a) shall in no event be less than an amount
equal to such portion. A rule similar to the rule under section 6663(b)
shall apply for purposes of determining the portion so attributable.''.
(f) Moneys Available To Assist Victims of Crime.--There are hereby
appropriated to the Crime Victims Fund (42 U.S.C. 10601) amounts
equivalent to the increase in receipts to the Treasury by reason of the
amendments made by this section. Such amounts shall be available for
victim assistance grants under the Victims of Crime Act of 1984,
including crisis intervention, emergency shelter and transportation,
counseling, and criminal justice advocacy to victims of crime.
(g) Effective Date.--The amendments made by this section shall
apply to actions, and failures to act, occurring after the date of the
enactment of this Act. | Human Trafficking Fraud Enforcement Act of 2017 This bill directs the Department of the Treasury to establish within the Internal Revenue Service an office to investigate and prosecute violations of tax laws by persons that appear to be violating specified federal laws prohibiting forced labor, trafficking of individuals, and transportation of minors or aliens for immoral purposes or state or territorial laws prohibiting the promotion of prostitution or of any commercial sex act. The office must cooperate with the Child Exploitation and Obscenity Section of the Department of Justice and the Innocence Lost National Initiative of the Federal Bureau of Investigation. The bill allows victims of human trafficking crimes to claim awards allowed for whistle-blowing. The bill amends the Internal Revenue Code to: (1) increase civil and criminal penalties for tax evasion attributable to income derived from human trafficking and commercial sex acts, and (2) make it a felony to fail to file a tax return including income derived from human trafficking or commercial sex acts. The bill appropriates to the Crime Victims Fund additional funds equal to the increase in receipts from increased civil and criminal penalties provided by this bill. The funds are provided for victim assistance grants under the Victims of Crime Act of 1984, including crisis intervention, emergency shelter and transportation, counseling, and criminal justice advocacy to victims of crime. | {"src": "billsum_train", "title": "Human Trafficking Fraud Enforcement Act of 2017"} | 2,084 | 293 | 0.588592 | 1.680885 | 0.769748 | 3.995951 | 7.506073 | 0.854251 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Temporary Investment Tax Credit
Restoration Act of 1993''.
SEC. 2. INVESTMENT CREDIT FOR MANUFACTURING AND OTHER PRODUCTIVE
EQUIPMENT.
(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) the manufacturing and other productive equipment
credit.''
(b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end thereof the following new subsection:
``(c) Manufacturing and Other Productive Equipment Credit.--
``(1) In general.--For purposes of section 46, the
manufacturing and other productive equipment credit for any
taxable year is an amount equal to 10 percent of the excess (if
any) of--
``(A) the aggregate bases of qualified
manufacturing and productive equipment properties
placed in service during such taxable year, over
``(B) the base amount.
``(2) Qualified manufacturing and productive equipment
property.--For purposes of this subsection--
``(A) In general.--The term `qualified
manufacturing and productive equipment property' means
any property--
``(i) which is used--
``(I) as an integral part of the
manufacture or production of tangible
personal property, or
``(II) in farming,
``(ii) which is tangible property to which
section 168 applies, and
``(iii) which is section 1245 property (as
defined in section 1245(a)(3)).
``(B) Special rule for computer software.--In the
case of any computer software which is used to control
or monitor a manufacturing or production process and
with respect to which depreciation (or amortization in
lieu of depreciation) is allowable, such software shall
be treated as qualified manufacturing and productive
equipment property.
``(3) Base amount.--For purposes of paragraph (1)(B)--
``(A) In general.--The term `base amount' means the
product of--
``(i) the fixed-base percentage, and
``(ii) the average annual gross receipts of
the taxpayer for the 4 taxable years preceding
the taxable year for which the credit is being
determined (hereafter in this subsection
referred to as the `credit year').
``(B) Minimum base amount.--In no event shall the
base amount be less than 50 percent of the amount
determined under paragraph (1)(A).
``(C) Fixed-base percentage.--
``(i) In general.--The fixed-base
percentage is the percentage which the
aggregate amounts described in paragraph (1)(A)
for taxable years beginning after December 31,
1987, and before January 1, 1993, is of the
aggregate gross receipts of the taxpayer for
such taxable years.
``(ii) Rounding.--The percentages
determined under clause (i) shall be rounded to
the nearest \1/100\ of 1 percent.
``(D) Other rules.--Rules similar to the rules of
paragraphs (4) and (5) of section 41(c) shall apply for
purposes of this paragraph.
``(4) Allocation of basis adjustment.--The reduction
required by section 50(c) for any taxable year shall be
allocated among the qualified manufacturing and productive
equipment property placed in service by the taxpayer during
such year in proportion to the respective bases of such
property.
``(5) Recapture.--In applying section 50(a) to any property
which ceases to be qualified manufacturing and productive
equipment 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--
``(A) the excess referred to in paragraph (1) for
the taxable year in which such property was placed in
service, or
``(B) the basis of such property which was taken
into account under paragraph (1).
``(6) Controlled groups.--Rules similar to the rules of
paragraph (1) of section 41(f) shall apply for purposes of this
subsection.
``(7) 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.
``(8) 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.
``(9) Application of subsection.--This subsection shall
apply to periods after December 31, 1992, and before January 1,
1995, under rules similar to the rules of section 48(m) (as in
effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990).''
(c) Technical Amendments.--
(1) Clause (ii) of section 49(a)(1)(C) of such Code is
amended by inserting ``or qualified manufacturing and
productive equipment property'' after ``energy 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 qualified manufacturing and productive
equipment 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 taxable years ending after December 31, 1992. | Temporary Investment Tax Credit Restoration Act of 1993 - Amends the Internal Revenue Code to allow an investment tax credit for manufacturing and other productive equipment for the period after December 31, 1987, and before January 1, 1993. Provides for determining such credit. | {"src": "billsum_train", "title": "Temporary Investment Tax Credit Restoration Act of 1993"} | 1,498 | 54 | 0.539188 | 1.241938 | 0.717034 | 3.632653 | 28.285714 | 0.897959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reading First Improvement Act''.
SEC. 2. PROGRESS REPORT.
Section 1202(e)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6362(e)(5)) is amended by striking ``peer review
panel'' and inserting ``Committee''.
SEC. 3. PEER REVIEW.
Section 1203(c)(2) of that Act (20 U.S.C. 6363(c)(2)) is amended--
(1) in subparagraph (A)--
(A) in the first sentence, by striking ``a panel''
and inserting ``a Reading First Advisory Committee'';
and
(B) in the second sentence, by striking ``panel''
and inserting ``Committee'';
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(3) by inserting after subparagraph (A) the following:
``(B) Limitation.--The Committee shall not be
comprised of a majority of members selected by one
individual or entity described in subparagraph (A).'';
(4) in subparagraph (C) (as redesignated by paragraph (2))
by striking ``panel'' and inserting ``Committee'';
(5) in subparagraph (D) (as redesignated by paragraph (2))
by striking ``panel'' and inserting ``Committee''; and
(6) by adding at the end the following:
``(E) Subcommittees.--
``(i) In general.--At its sole discretion,
the Committee may form one or more
subcommittees to assist the Committee with the
functions described in this paragraph.
``(ii) Representation.--If the Committee
chooses to form such subcommittees, each
subcommittee shall include at least one member
selected by each individual or entity described
in subparagraph (A), and in no case shall be
comprised of a majority of members selected by
one such entity. Members of the Committee may
serve on one or more subcommittees.
``(iii) Committee review.--The Committee
shall review the recommendations of each
subcommittee, and, following such review, make
a final recommendation to the Secretary in
accordance with subparagraph (D).
``(F) Governance.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall govern the activities of the
Committee.
``(G) Conflicts of interest.--
``(i) In general.--The Secretary shall
establish a process through which members of
the Committee or any subcommittees will be
screened for potential conflicts of interest.
``(ii) Screening.--Such screening process
shall--
``(I) be reviewed and approved by
the Office of General Counsel of the
Department;
``(II) include, at a minimum, a
review of each potential Committee or
subcommittee member's connection to any
State's program under this subpart,
each potential Committee or
subcommittee member's potential
financial interest in products that
might be purchased by a State
educational agency or local educational
agency in the course of such agency's
implementation of the program under
this subpart, and each potential
Committee or subcommittee member's
professional connections to teaching
methodologies that might require the
use of specific products; and
``(III) be designed to prevent, to
the extent possible, bias or the
appearance thereof in the Committee's
performance of its responsibilities
under this paragraph.
``(H) Guidance.--
``(i) In general.--The Secretary shall
develop guidance for how the Committee and any
subcommittees created in accordance with
subparagraph (E) will review applications
submitted under this section and provide
feedback to State educational agencies and
recommendations to the Secretary. The Secretary
shall also develop guidance for how the
Secretary will review the recommendations of
the Committee and any subcommittees and make
final determinations of approval or disapproval
of an application submitted under this section.
``(ii) Requirements.--Such guidance shall,
at a minimum--
``(I) create a transparent process
through which the Committee and
subcommittees provide clear,
consistent, and publicly available
documentation in support of all
recommendations;
``(II) ensure that the Committee
reviews any subcommittee feedback prior
to that feedback being submitted to a
State educational agency;
``(III) ensure that State
educational agencies have the
opportunity for direct interaction with
the Committee and any subcommittee, as
appropriate, when revising an
application under this section as a
result of feedback submitted by the
Committee or a subcommittee;
``(IV) require that the Committee,
any subcommittee, and the Secretary
clearly and consistently document that
all criteria contained in subsection
(b) are met before an application
submitted under this section is
approved; and
``(V) create a transparent process
through which the Secretary clearly,
consistently, and publicly documents
decisions to approve or disapprove an
application submitted under this
section and the reasons for such
decisions.''.
SEC. 4. TARGETED ASSISTANCE GRANTS.
Section 1204(c)(2) of such Act (20 U.S.C. 6364(c)(2)) is amended--
(1) in the first sentence, by striking ``peer review
panel'' and inserting ``Committee''; and
(2) in the second sentence, by striking ``panel'' and
inserting ``Committee''.
SEC. 5. EXTERNAL EVALUATION.
Section 1205 of such Act (20 U.S.C. 6365) is amended by adding at
the end the following:
``(e) Limitation.--
``(1) In general.--The Secretary shall ensure that the
independent organization described in subsection (a) does not
hold a contract or subcontract to implement any aspect of the
program under this subpart.
``(2) Subcontractors.--The contract entered into under
subsection (a) shall prohibit the independent organization
conducting the evaluation from subcontracting with any entity
that holds a contract or subcontract for any aspect of the
implementation of this subpart.''.
SEC. 6. NATIONAL ACTIVITIES.
Section 1206 of that Act (20 U.S.C. 6366) is amended--
(1) by inserting before ``From funds'' the following:
``(a) Technical Assistance and Evaluation.--''; and
(2) by adding at the end the following:
``(b) Contracts for Technical Assistance.--
``(1) In general.--The Secretary may enter into contracts
with independent entities to perform the activities described
in subsection (a)(1).
``(2) Conflicts of interest.--
``(A) In general.--If the Secretary enters into
such contracts, the Secretary shall--
``(i) ensure that such contracts require
the contracted entity to screen for conflicts
of interest when hiring individuals to carry
out the responsibilities under the contract;
``(ii) ensure that such contracts require
the contracted entity to include the
requirement in clause (i) in any subcontracts
such entity enters into to fulfill the
responsibilities described in paragraph (1).
``(B) Screening process.--The screening process
described in subparagraph (A) shall--
``(i) include, at a minimum, a review of
each individual performing duties under the
contract or subcontract for connections to any
State's program under this subpart, potential
financial interests in, or other connection to,
products that might be purchased by a State
educational agency or local educational agency
in the course of such agency's implementation
of the program under this subpart, and
connections to teaching methodologies that
might require the use of specific products; and
``(ii) be designed to prevent, to the
extent possible, bias or the appearance thereof
in the performance of the responsibilities
outlined in the contract or subcontract.
``(3) Information dissemination.--If the Secretary enters
into such contracts, and if a contracted entity enters into
such subcontracts, those contracts and subcontracts shall
require the technical assistance providers to clearly separate
technical assistance provided under such contract or
subcontract from information provided, or activities engaged
in, as part of the normal operations of the contractor or
subcontractor. Efforts to comply with this paragraph may
include, but are not limited to, the creation of separate web
pages for the purpose of fulfilling a contract or subcontract
entered into under this subsection.''.
SEC. 7. PROHIBITION ON FEDERAL GOVERNMENT.
Subpart 1 of part B of title I of that Act is amended by adding
after section 1208 (20 U.S.C. 6368) the following:
``SEC. 1209. PROHIBITION ON FEDERAL GOVERNMENT.
``(a) In General.--Nothing in this subpart shall be construed to
alter or lessen the prohibition contained in section 9527(b) of this
Act or section 103(b) of the Department of Education Organization Act
(20 U.S.C. 3403(b)).
``(b) Guidance.--
``(1) In general.--The Secretary shall develop guidance for
Department employees responsible for the implementation of this
subpart that will assist those employees in complying with the
prohibitions included in subsection (a).
``(2) Consultation.--Such guidance shall emphasize the
importance of consultation with the Office of General Counsel
of the Department on issues related to such prohibitions.
``(3) Technical assistance.--Such guidance shall stress
that any information disseminated, or technical assistance
provided, related to this subpart, shall represent multiple
perspectives and not in any way endorse or appear to endorse
any particular product or service that might be purchased by a
State educational agency or local educational agency in the
course of such agency's implementation of the program under
this subpart.''. | Reading First Improvement Act - Amends the Elementary and Secondary Education Act of 1965 to provide for the creation of a Reading First Advisory Committee, governed by the Federal Advisory Committee Act, to replace the peer review panel that reviews state grant applications under the Reading First program, designed to improve the reading skills of children in kindergarten through grade three.
Prohibits the Committee from being composed of a majority of members selected by one individual or entity. Allows the Committee to form one or more subcommittees. Directs the Secretary of Education to: (1) establish a process to screen Committee or subcommittee members for potential conflicts of interest; and (2) develop guidance for how the Committee and any subcommittees will review applications, and provide feedback to states and the Secretary.
Directs the Secretary to ensure that the independent organization tasked with evaluating the Reading First program does not hold a contract or subcontract to implement any aspect of the program and does not subcontract with an entity that has such a conflict.
Authorizes the Secretary to contract with independent entities for the provision of Reading First technical assistance to states, local educational agencies, and schools; but requires such entities and their subcontractors to screen potential employees for conflicts of interest and clearly separate their provision of such technical assistance from their other activities.
Directs the Secretary to provide guidance to Department of Education employees implementing the program on compliance with the prohibition against federal government usurpation of state or local control over school administration. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to improve the Reading First program."} | 2,278 | 319 | 0.52868 | 1.501821 | 0.806764 | 2.604317 | 7.129496 | 0.856115 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building Innovation Growth through
Data for Intellectual Property Act'' or the ``BIG Data for IP Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``advanced data science analytics'' means
techniques, such as artificial intelligence, machine learning,
and other methods of analyzing large data sets, that are used
to make policy recommendations;
(2) the term ``Director'' means the Under Secretary of
Commerce for Intellectual Property and Director of the Office;
(3) the term ``Office'' means the United States Patent and
Trademark Office;
(4) the term ``PPAC'' means the Patent Public Advisory
Committee of the Office; and
(5) the term ``TPAC'' means the Trademark Public Advisory
Committee of the Office.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Section 10(a) of the Leahy-Smith America Invents Act
(35 U.S.C. 41 note) grants the Director the authority to ``set
or adjust by rule any fee established, authorized, or charged
under title 35, United States Code, or the Trademark Act of
1946. . . . to recover the aggregate estimated costs to the
Office for processing, activities, services, and materials
relating to patents (in the case of patent fees) and trademarks
(in the case of trademark fees), including administrative costs
of the Office''.
(2) The Office has worked with PPAC, TPAC, and the public
to engage in a fee-setting process that is transparent, as
envisioned by the Leahy-Smith America Invents Act (Public Law
112-29; 125 Stat. 284).
(3) Since 2011, the Office has used this fee-setting
authority to implement a sustainable funding model with an
operating reserve, which allows the Office to invest in long-
term projects, including crucial infrastructure upgrades that
are necessary for a 21st century intellectual property office,
regardless of whether there are temporary fluctuations in
patent or trademark filings.
(4) The infrastructure upgrades described in paragraph (3)
include the use of advanced data science analytics, which will
help to--
(A) improve productivity and quality with respect
to the issuance of patents and trademarks; and
(B) ensure--
(i) the consistent application of laws by
nearly 9,000 patent examiners and trademark
examining attorneys; and
(ii) the certainty and strength of
Federally-granted rights that are foundational
to the economy of the United States.
SEC. 4. EXTENSION OF SUNSET.
Section 10(i)(2) of the Leahy-Smith America Invents Act (35 U.S.C.
41 note) is amended by striking ``the 7-year period beginning on the
date of the enactment of this Act'' and inserting ``the 10-year period
beginning on the date of enactment of the BIG Data for IP Act''.
SEC. 5. REPORT.
Not later than 2 years after the date of enactment of this Act, the
Director shall submit to Congress a report that includes--
(1) the status of the capabilities of the information
technology systems of the Office with respect to--
(A) the examination of patents and trademarks; and
(B) proceedings conducted before the--
(i) Patent Trial and Appeal Board of the
Office; and
(ii) Trademark Trial and Appeal Board of
the Office;
(2) a 5-year plan for further modernization of the
information technology systems described in paragraph (1); and
(3) an accounting of the use by the Office of advanced data
science analytics, including from commercially available
sources, to improve the patent and trademark examination
process where appropriate, including--
(A) a description of how the Office uses advanced
data science analytics with respect to the examination
of patents and trademarks to--
(i) improve consistency;
(ii) detect common sources of error; and
(iii) improve productivity;
(B) a 5-year plan for further development of
advanced data science analytics for the uses described
in subparagraph (A); and
(C) a description of how the findings made as a
result of the uses of advanced data science analytics
under subparagraph (A) shall be made available to the
public on a regular basis. | Building Innovation Growth through Data for Intellectual Property Act or the BIG Data for IP Act This bill amends the Leahy-Smith America Invents Act to extend for 10 years the authority of the U.S. Patent and Trademark Office to set and adjust patent fees. | {"src": "billsum_train", "title": "Building Innovation Growth through Data for Intellectual Property Act"} | 941 | 58 | 0.533353 | 1.494025 | 0.929303 | 3.255319 | 19.276596 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Pride Act of 2018''.
SEC. 2. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is
amended--
(1) by redesignating paragraphs (34) through (40) and
paragraphs (41) through (54) as paragraphs (35) through (41)
and paragraphs (43) through (56), respectively;
(2) by inserting after paragraph (33) the following:
``(34) The term `LGBT' means lesbian, gay, bisexual, or
transgender.''; and
(3) by inserting after paragraph (41), as so redesignated,
the following:
``(42) The term `older LGBT individual' means an older
individual that identifies as LGBT.''.
SEC. 3. OFFICE OF OLDER LGBT POLICY.
(a) Establishment.--
(1) In general.--Section 201 of the Older Americans Act of
1965 (42 U.S.C. 3011) is amended by adding at the end the
following:
``(g)(1) There is established in the Administration an Office of
Older LGBT Policy (referred to in this subsection as the `Office').
``(2) The Office shall be headed by a Director of the Office of
Older LGBT Policy (referred to in this subsection as the `Director')
who shall be appointed by the Secretary.
``(3) The Director shall--
``(A) coordinate activities within the Department of Health
and Human Services, and between other Federal departments and
agencies, to assure a continuum of improved services for older
LGBT individuals;
``(B) serve as the effective and visible advocate on behalf
of older LGBT individuals--
``(i) within the Department of Health and Human
Services and with other departments and agencies of the
Federal Government regarding all Federal policies
affecting such individuals; and
``(ii) in the States to promote the enhanced
delivery of services and implementation of programs,
under this Act and other Federal Acts, for the benefit
of such individuals;
``(C) support, conduct, and arrange for research in the
field of LGBT aging with a special emphasis on gathering
statistics on older LGBT individuals;
``(D) collect and disseminate information related to
challenges experienced by older LGBT individuals with an
emphasis on the challenges experienced by older LGBT
individuals residing in rural areas and older LGBT individuals
living with human immunodeficiency virus and acquired immune
deficiency syndrome (HIV/AIDS);
``(E) recommend policies and priorities beneficial to older
LGBT individuals and promote the implementation and adoption of
culturally competent care and services for such individuals;
and
``(F) administer and evaluate grants that will help older
LGBT individuals, including grants under section 423.
``(4) Not later than January 31 of fiscal year 2023 and of each
fifth fiscal year thereafter, the Director shall submit to Congress a
report describing the activities carried out under this subsection
during the preceding 5 fiscal years.''.
SEC. 4. RURAL OUTREACH GRANT PROGRAM.
Part A of title IV of the Older Americans Act of 1965 (42 U.S.C.
3032 et seq.) is amended by adding at the end the following:
``SEC. 423. RURAL OUTREACH GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Older LGBT Policy, established under section
201(g).
``(2) Eligible entity.--The term `eligible entity'--
``(A) means an entity that submits an application
to the Director in accordance with subsection (d), and
is--
``(i) a State; or
``(ii) an agency, organization, or
institution that focuses on serving the needs
of older individuals or LGBT individuals; and
``(B) may include an area agency on aging for a
rural area or a multipurpose senior center.
``(3) Rural area.--The term `rural area' means an area that
is not designated by the United States Census Bureau as an
urbanized area or urban cluster.
``(b) Purpose.--The purpose of this section is to provide eligible
entities with resources and incentives to devise a long-term
comprehensive strategy for connecting with older LGBT individuals
residing in rural areas and meeting the needs of such individuals.
``(c) Authority for Grants.--The Director may, for the purpose
described in subsection (b), make grants to eligible entities to carry
out activities approved by the Director in accordance with subsection
(e).
``(d) Applications.--
``(1) In general.--An eligible entity seeking a grant under
this section shall submit an application to the Director at
such time, in such manner, and containing such information as
the Director may reasonably require, including the contents
described in paragraph (2).
``(2) Contents.--An application for a grant under this
section shall contain--
``(A) a description of the proposed activities to
be supported by the grant;
``(B) a description of the size and characteristics
of the population in a rural area served by such
activities;
``(C) a description of the public and private
resources expected to be made available in connection
with such activities;
``(D) a demonstrated intent to partner with local
organizations in rural areas in carrying out such
activities;
``(E) evidence in a form acceptable to the Director
that such activities will meet urgent needs that are
not met by available public and private sources; and
``(F) such other information or certifications that
the Director determines necessary to achieve the
purpose described in subsection (b).
``(e) Approved Activities.--
``(1) In general.--A grant under this section shall be
available only for activities approved by the Director to carry
out a strategy designed to create a cooperative and lasting
partnership between older LGBT individuals residing in rural
areas and the eligible entity receiving the grant.
``(2) Approved activities.--Activities approved by the
Director may include initiatives that--
``(A) engage in education and training around
community outreach to older LGBT individuals residing
in rural areas;
``(B) reduce isolation and improve access to care
for older LGBT individuals residing in rural areas by
building relationships between such individuals and the
local community;
``(C) foster relationships between local LGBT-
affirming service providers and older LGBT individuals
residing in rural areas;
``(D) improve LGBT cultural competency among
organizations and personnel providing services to older
individuals residing in rural areas; and
``(E) expand the use of non-discrimination policies
that--
``(i) protect sexual orientation and gender
identity; and
``(ii) create community spaces that are
inclusive to older LGBT individuals.
``(f) Standards and Guidelines.--The Director shall establish
standards and guidelines for approved activities supported by a grant
under this section. Such standards and guidelines shall permit an
eligible entity receiving such a grant to refine or adapt the standards
and guidelines for an individual project, where such a refinement or
adaptation is made necessary by a local circumstance.
``(g) Coordination With Local Entities.--
``(1) Cooperation.--An eligible entity receiving a grant
under this section shall, in carrying out the approved
activities supported by the grant, agree to cooperate and
coordinate with--
``(A) the agencies of the relevant State and local
governments responsible for providing services to older
LGBT individuals in the area served by such activities;
and
``(B) other public and private organizations and
agencies providing services for older LGBT individuals
in such area.
``(2) Prioritization.--An eligible entity receiving a grant
under this section shall prioritize cooperating and
coordinating with public and private organizations and agencies
that primarily serve economically underserved populations, as
determined by the Director.
``(h) Reports.--Not later than January 31 of fiscal year 2020, and
of each second fiscal year thereafter, the Director shall submit to
Congress a report describing the activities carried out under this
section during the preceding 2 fiscal years.''. | Elder Pride Act of 2018 This bill establishes the Office of Older LGBT Policy and a related rural outreach grant program. The office shall coordinate research and services for older lesbian, gay, bisexual, and transgender (LGBT) individuals. The office shall oversee a program, and may award grants, for addressing the needs of older LGBT individuals in rural areas. Some of the approved activities for the grant program include education and outreach, reducing isolation and improving access to care, and expanding the use of non-discrimination policies. The office shall be a part of the Administration on Aging. | {"src": "billsum_train", "title": "Elder Pride Act of 2018"} | 1,815 | 130 | 0.600752 | 1.562737 | 0.61432 | 2.883929 | 15.464286 | 0.919643 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Funding Accountability for
Sexual Harassers Act''.
SEC. 2. REQUIREMENTS FOR INSTITUTIONS OF HIGHER EDUCATION.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30)(A) With respect to any individual whom, as a result
of a grievance procedure described in section 106.8(b) of title
34, Code of Federal Regulations (or successor regulations)
carried out by the institution, is found by the institution to
have engaged in discrimination on the basis of sex while the
individual was a principal investigator at the institution, the
institution will report (not later than 1 month after such
finding) to each Federal department and agency that has awarded
such institution a competitive research and development grant
on or after the date that is 10 years before such finding, the
following information:
``(i) The name of the individual.
``(ii) The date and nature of the violation for
which such determination was made.
``(iii) The findings of such determination.
``(iv) The remedy (such as corrective training or
suspension) required by the institution after such
determination.
``(B) With respect to a formal complaint alleging
discrimination on the basis of sex by a principal investigator
at the institution, which was filed with such institution, but
for which the institution has not carried out a grievance
procedure described in section 106.8(b) of title 34, Code of
Federal Regulations (or successor regulations) 6 months after
the date on which such complaint was filed, the institution
will report (not later than the date that is 7 months after the
date on which such complaint was filed) to each Federal
department and agency that has awarded such institution a
competitive research and development grant on or after the date
that is 10 years before such complaint was filed, the following
information:
``(i) The current status of the complaint.
``(ii) The nature of the complaint.
``(iii) The date of the alleged violation.
``(iv) The reason why the institution has yet to
complete the grievance procedure.
``(C) In the case of an institution that is required to
report information--
``(i) under subparagraph (A) or (B), the
institution will--
``(I) ensure that such information is
accurate; and
``(II) if errors are discovered in such
information, report the corrected information
to each Federal department and agency described
in such subparagraphs, as soon as practicable;
or
``(ii) under subparagraph (B), the institution will
not report any personally identifiable information with
respect to individuals involved with the formal
complaint on which the institution is reporting.
``(D) For purposes of this paragraph, the term `principal
investigator', when used with respect to an institution of
higher education--
``(i) means an individual at and approved by such
institution to be responsible for the scientific or
technical direction of a research and development grant
awarded (or that may be awarded) to the institution by
a Federal department or agency; and
``(ii) includes an individual identified by such
institution as a co-investigator, senior personnel, or
an individual in an equivalent position at the
institution with respect to such grant.''.
SEC. 3. REQUIREMENTS FOR CERTAIN FEDERAL DEPARTMENTS AND AGENCIES.
(a) In General.--Each Federal department or agency authorized to
award research and development grants on a competitive basis--
(1) when making the final decision of whether to award such
a grant to an institution of higher education--
(A) shall determine whether any reports have been
filed under section 487(a)(30)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)(30)(A)), as
added by section 2, on any individual who will be the
principal investigator at the institution of higher
education for such grant; and
(B) if such a report has been filed, will consider
the report when making such decision; and
(2) shall keep each report received under such section
487(a)(30)(A) (20 U.S.C. 1094(a)(30)(A)) on an individual--
(A) in a case in which during the 10-year period
beginning on the date of receipt of such report no
additional such report is filed on such individual, for
such 10-year period; or
(B) in a case in which during the 10-year period
described in subparagraph (A) an additional such report
is filed on such individual, for the 10-year period
beginning on the date of receipt of such additional
report; and
(3) shall carry out the reporting requirements described in
section 1105(a)(40) of title 31, United States Code, as added
by section 4.
(b) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(2) Principal investigator.--The term ``principal
investigator'' has the meaning given the term in section
487(a)(30)(D), as added by section 2.
SEC. 4. REPORTING REQUIREMENTS FOR CERTAIN FEDERAL DEPARTMENTS AND
AGENCIES.
Section 1105(a)(40) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
``(40) in the case of a Federal department or agency
authorized to award research and development grants on a
competitive basis--
``(A) the number of reports received under section
487(a)(30) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(30)), as added by the Federal Funding
Accountability for Sexual Harassers Act, and
disaggregated by reports received under subparagraph
(A) and by reports received under subparagraph (B) of
such section; and
``(B) the number of cases in which the department
or agency recommended awarding such a grant for which
the principal investigator (as defined in section 3(b)
of the Federal Funding Accountability for Sexual
Harassers Act) was an individual on which a report
under section 487(a)(30)(A) of the Higher Education Act
of 1965 (20 U.S.C. 1094(a)(30)(A)) had been filed
during the preceding fiscal year.''.
SEC. 5. STUDY AND REPORT.
The Secretary of Education shall enter into a contract with the
National Academy of Sciences under which the National Academy of
Sciences shall--
(1) conduct a comprehensive study on the prevalence and
impact of sexual harassment in higher education in science,
engineering, and medical departments and programs, which shall
include an evaluation of, and strategies to, address the
legislative, administrative, educational, and cultural barriers
to reducing the negative impacts of such sexual harassment; and
(2) not later than 3 years after the date of enactment of
this Act, submit to the Secretary of Education and make public
a report on the results of such study, including--
(A) an evaluation of the impact of sexual
harassment on the academic careers of scientists,
engineers, and health care professionals;
(B) a review of current institutional procedures
for preventing sexual harassment with an assessment of
their efficacy, with comparisons to international
programs and procedures if relevant; and
(C) recommendations for evidence-based strategies
and policies that can reduce or eliminate sexual
harassment. | Federal Funding Accountability for Sexual Harassers Act This bill amends the Higher Education Act of 1965 to address sexual discrimination in institutions of higher education. Institutions must report a finding that an individual who is responsible for the scientific or technical direction of one of the institution's research and development grants awarded by the federal government was engaged in sexual discrimination to each department and agency that has awarded the institution those grants in the past 10 years. Institutions must also report on formal complaints alleging sexual discrimination that were filed, but are incomplete because the institution has not carried out a grievance procedure. Agencies must: (1) consider these reports when deciding if they should fund a grant, and (2) keep the reports for 10 years. The National Academy of Sciences must study, and report on, the prevalence and impact of sexual harassment in higher education in science, engineering, and medical departments and programs. | {"src": "billsum_train", "title": "Federal Funding Accountability for Sexual Harassers Act"} | 1,717 | 189 | 0.565426 | 1.629989 | 0.839865 | 3.151163 | 9.052326 | 0.872093 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethical Pathway Act of 2012''.
SEC. 2. PURPOSE.
The purpose of this Act is to eliminate requirements to undertake
duplicative clinical testing of new pharmaceutical drugs, vaccines,
biological products or medical devices, when such duplication is
inconsistent with relevant ethical norms, by providing for the
opportunity to rely upon existing trials, subject to sharing of the
costs of those trials, during the period when regulatory test data is
protected.
SEC. 3. ETHICAL PATHWAY FOR THE APPROVAL AND LICENSOR OF REGULATED
PRODUCTS.
(a) Definitions.--For purposes of this Act:
(1) Applicant.--The term ``applicant'' means a person who
submits to the Secretary an application to sell a regulated
product.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Food and Drugs.
(3) Regulated product.--The term ``regulated product''
includes any new pharmaceutical drug, vaccine, biologic product
or medical device, that requires regulatory approval by the
Secretary.
(4) Regulatory test data.--The term ``regulatory test
data'' means the evidence regarding the safety and efficacy of
new pharmaceutical drugs or biological products used in order
to obtain marketing approval for use in humans or vertebrate
animals.
(5) Relevant application or license.--The term ``relevant
application or license'' means a new drug application or new
biological product license application approved by the
Secretary or relevant authority in a foreign country which
contains regulatory test data requested by an applicant under
this section.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Ethical Pathway.--As soon as practicable after the date of
enactment of this Act, the Secretary, acting through the Commissioner,
shall establish a mechanism by which an applicant may request a cost-
sharing arrangement described in subsection (c). An applicant may
request such an arrangement if, but for the arrangement--
(1) the applicant would be required to conduct clinical
investigations involving human subjects that violate Article 20
of the Declaration of Helsinki on Ethical Principles for
Medical Research Involving Human Subjects in order to obtain
regulatory approval of a regulated product; or
(2) the duplication of the clinical investigations required
for such application would violate other applicable ethical
standards concerning the testing of products on humans or other
vertebrate animals.
(c) Cost-Sharing Arrangement.--
(1) Responsibility of applicant.--An applicant that intends
to perform clinical investigations involving humans or
vertebrate animals in order to file an application for a
regulated product shall take all necessary measures to verify
that those investigations have not been performed or initiated
by another person.
(2) Voluntary agreement procedures.--An applicant shall
make reasonable efforts to obtain voluntary agreements to use
existing regulatory test data, such as by offering to make
contributions toward the cost of undertaking such tests, which
the applicant does not have the right to rely upon in the
absence of a license or a cost-sharing agreement.
(3) Failure to reach voluntary agreement.--The applicant
shall notify the Commissioner or the appropriate designee of
the Commissioner if there is a failure to reach a voluntary
agreement to use such test data. Upon receipt of a notification
of a failure to reach a voluntary agreement, the Commissioner
or such designee shall ask the parties to agree to binding
arbitration to determine the reasonable and fair fee for
relying upon relevant regulatory test data. If one or more of
the parties refuses to participate in such arbitration, the
Commissioner shall determine a reasonable and fair fee for the
reliance by the applicant on such regulatory test data.
(4) Reasonable and fair fee.--The reasonable and fair fee
for the reliance by the applicant on the regulatory test data
shall be determined after considering the following factors:
(A) The actual out-of-pocket costs of the
applicable clinical investigations.
(B) The risks of the investigations, as reflected
in the probabilities that similar investigations result
in successful applications for marketing.
(C) Any Federal grants, tax credits, or other
subsidies that reduce the net cost of the
investigations.
(D) The expected share of the global market for the
product involved, by the party seeking to rely upon the
investigations for marketing approval.
(E) The amount of the time the holder or holders of
the relevant applications or licenses has benefitted
from exclusive rights, and the cumulative revenue
earned on the products that relied upon the regulatory
test data at issue.
(d) Public Disclosure.--
(1) In general.--In order to enhance the transparency of
the costs of innovation, and to provide greater predictability
as to the liability associated with nonvoluntary reliance upon
regulatory test data, the Secretary shall adopt procedures and
rules under which sufficient information about the costs and
fees will be made public by the arbitrator or the Commissioner
(or the appropriate designee of the Commissioner), as
applicable.
(2) Content.--The information made public under paragraph
(1) shall include at least summary data of the actual costs of
the clinical investigations, the factors considered under
subsection (c)(4), and the amount of the fee provided to the
holder or holders of the relevant applications or licenses.
(3) Limitations.--The requirements for public disclosure of
the costs of the clinical investigations shall not apply to
cases where the owner of the rights in the regulatory test data
does not assert an exclusive right to rely upon such test data.
If the owner of the rights in the regulatory test data asserts
an exclusive right, but reaches a voluntary agreement on the
fee for relying upon the data under subsection (c)(2), the
amount of the fee paid by the applicant shall be provided to
the Secretary or a designee, and be made public. | Ethical Pathway Act of 2012 - Directs the Commissioner of Food and Drugs (FDA) to establish a mechanism by which an applicant to sell any new pharmaceutical drug, vaccine, biologic product, or medical device that requires regulatory approval by the Secretary of Health and Human Services (HHS) (regulated product) may request a cost-sharing arrangement under which the applicant shall: (1) verify that intended clinical investigations involving humans or vertebrate animals have not been performed or initiated by another person; (2) make reasonable efforts to obtain voluntary agreements to use existing evidence regarding the safety and efficacy of new pharmaceutical drugs or biological products used to obtain marketing approval for use in humans or vertebrate animals (regulatory test data); and (3) notify the Commissioner if there is a failure to reach a voluntary agreement, at which point the Commissioner shall ask the parties to agree to binding arbitration to determine the reasonable and fair fee for relying upon relevant regulatory test data.
Permits such applicant to request such arrangement if, but for the arrangement: (1) the applicant would be required to conduct clinical investigations involving human subjects that violate Article 20 of the Declaration of Helsinki on Ethical Principles for Medical Research Involving Human Subjects in order to obtain regulatory approval of the regulated product, or (2) the duplication of the clinical investigations required for such application would violate other applicable ethical standards concerning the testing of products on humans or other vertebrate animals.
Requires the fee for reliance by the applicant on such regulatory test data to be determined after considering: (1) the actual out-of-pocket costs of the applicable clinical investigations; (2) the risks of the investigations; (3) any federal grants, tax credits, or other subsidies; (4) the expected share of the global market for the product involved; and (5) the amount of time the holders of the relevant applications or licenses have benefited from exclusive rights and the cumulative revenue earned on the products that relied upon the data at issue. Directs the Secretary to adopt procedures and rules under which sufficient information about costs and fees will be made public. | {"src": "billsum_train", "title": "A bill to eliminate requirements to undertake duplicative clinical testing of new pharmaceutical drugs, vaccines, biological products, or medical devices, when such duplication is inconsistent with relevant ethical norms."} | 1,266 | 436 | 0.763345 | 2.414412 | 0.820707 | 5.772616 | 2.897311 | 0.98044 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Bankruptcy Fairness Act of
2014''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 101 of title 11, United States Code, is
amended--
(1) by inserting after paragraph (39A) the following:
``(39B) The term `medical debt' means any debt incurred
voluntarily or involuntarily--
``(A) as a result of the diagnosis, cure,
mitigation, or treatment of injury, deformity, or
disease of an individual; or
``(B) for services performed by a medical
professional in the prevention of disease or illness of
an individual.
``(39C) The term `medically distressed debtor' means--
``(A) a debtor who, during the 3 years before the
date of the filing of the petition--
``(i) incurred or paid aggregate medical
debts for the debtor, a dependent of the
debtor, or a nondependent parent, grandparent,
sibling, child, grandchild, or spouse of the
debtor that were not paid by any third-party
payor and were greater than the lesser of--
``(I) 10 percent of the debtor's
adjusted gross income (as such term is
defined in section 62 of the Internal
Revenue Code of 1986); or
``(II) $10,000;
``(ii) did not receive domestic support
obligations, or had a spouse or dependent who
did not receive domestic support obligations,
of at least $10,000 due to a medical issue of
the person obligated to pay that would cause
the obligor to meet the requirements under
clause (i) or (iii), if the obligor was a
debtor in a case under this title; or
``(iii) experienced a change in employment
status that resulted in a reduction in wages,
salaries, commissions, or work hours or
resulted in unemployment due to--
``(I) an injury, deformity, or
disease of the debtor; or
``(II) care for an injured,
deformed, or ill dependent or
nondependent parent, grandparent,
sibling, child, grandchild, or spouse
of the debtor; or
``(B) a debtor who is the spouse of a debtor
described in subparagraph (A).''.
(b) Conforming Amendments.--Section 104 of title 11, United States
Code, is amended--
(1) in subsection (a), by inserting ``101(39C)(A),'' after
``101(19)(A),''; and
(2) in subsection (b), by inserting ``101(39C)(A),'' after
``101(19)(A),''.
SEC. 3. EXEMPTIONS.
(a) Exempt Property.--Section 522 of title 11, United States Code,
is amended by adding at the end the following:
``(r)(1) If a medically distressed debtor exempts property listed
in subsection (b)(2), the debtor may, in lieu of the exemption provided
under subsection (d)(1), elect to exempt the debtor's aggregate
interest, not to exceed $250,000 in value, in property described in
paragraph (3) of this subsection.
``(2) If a medically distressed debtor exempts property listed in
subsection (b)(3) and the exemption provided under applicable law
specifically for the kind of property described in paragraph (3) is for
less than $250,000 in value, the debtor may elect to exempt the
debtor's aggregate interest, not to exceed $250,000 in value, in any
such property.
``(3) The property described in this paragraph is--
``(A) real property or personal property that the debtor or
a dependent of the debtor uses as a residence;
``(B) a cooperative that owns property that the debtor or a
dependent of the debtor uses as a residence; or
``(C) a burial plot for the debtor or a dependent of the
debtor.''.
(b) Conforming Amendments.--Section 104 of title 11, United States
Code, is amended--
(1) in subsection (a), by inserting ``522(r),'' after
``522(q),''; and
(2) in subsection (b), by inserting ``522(r),'' after
``522(q),''.
SEC. 4. WAIVER OF ADMINISTRATIVE REQUIREMENTS.
(a) Case Under Chapter 7.--Section 707(b) of title 11, United
States Code, is amended by adding at the end the following:
``(8) Paragraph (2) does not apply in any case in which the
debtor is a medically distressed debtor.''.
(b) Case Under Chapter 13.--Section 1325(b)(1) of title 11, United
States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) the debtor is a medically distressed
debtor.''.
SEC. 5. CREDIT COUNSELING.
Section 109(h)(4) of title 11, United States Code, is amended by
inserting ``a medically distressed debtor or'' after ``apply with
respect to''.
SEC. 6. STUDENT LOAN UNDUE HARDSHIP.
Section 523(a)(8) of title 11, United States Code, is amended by
inserting ``the debtor is a medically distressed debtor or'' before
``excepting''.
SEC. 7. ATTESTATION BY DEBTOR.
Section 521 of title 11, United States Code, is amended by adding
at the end the following:
``(k) If the debtor seeks relief as a medically distressed debtor,
the debtor shall file a statement of medical expenses relevant to the
determination of whether the debtor is a medically distressed debtor,
which statement shall declare under penalty of perjury that such
medical expenses were not incurred for the purpose of bringing the
debtor within the meaning of the term medically distressed debtor.''.
SEC. 8. 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
enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to cases commenced under title 11, United
States Code, on or after the date of enactment of this Act. | Medical Bankruptcy Fairness Act of 2014 - Amends federal bankruptcy law to cite circumstances under which a medically distressed debtor may elect to exempt from the property of the estate in bankruptcy up to $250,000 of the debtor's aggregate interest in: (1) specified real or personal property that the debtor (or debtor's dependent) uses as a residence, (2) a cooperative that owns the property used as a residence by the debtor or a dependent of the debtor, or (3) a burial plot for the debtor or debtor's dependent. Applies the same election to certain other property of a medically distressed debtor, including certain retirement funds held in a tax-exempt account. Declares inapplicable to a medically distressed debtor: (1) certain presumptions that granting relief under Chapter 7 would constitute abuse of Chapter 7, and (2) mandatory court disapproval of a debtor's plan under chapter 13 upon objection by the trustee or the holder of an allowed unsecured claim. Waives the credit counseling prerequisite for filing for debt relief in the case of a medically distressed debtor. Permits a medically distressed debtor to discharge in bankruptcy debts for certain educational loans. Requires a debtor who seeks relief as a medically distressed debtor to attest in writing, and under penalty of perjury, that debtor's medical expenses are genuine, and are not specifically incurred to bring the debtor within the meaning of "medically distressed debtor." | {"src": "billsum_train", "title": "Medical Bankruptcy Fairness Act of 2014"} | 1,552 | 344 | 0.509523 | 1.556525 | 0.636796 | 2.261194 | 5.059701 | 0.783582 |
SECTION 1. FEDERAL REAL PROPERTY DISPOSAL PILOT PROGRAM.
(a) In General.--Chapter 5 of subtitle I of title 40, United States
Code, is amended by adding at the end the following:
``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY
``Sec. 621. Pilot program
``(a) The Director of the Office of Management and Budget (in this
subchapter referred to as the `Director') shall conduct a pilot
program, to be known as the `Federal Real Property Disposal Pilot
Program', under which real property that is not meeting Federal
Government needs may be disposed of in accordance with this subchapter.
``(b) For purposes of this subchapter, the Director shall identify
criteria for determining whether real property is not meeting Federal
Government needs.
``(c) For the fiscal years 2010 through 2019, the Director shall
dispose of real property generating proceeds of not less
$19,000,000,000 under the Federal Real Property Disposal Pilot Program.
``(d) The Director shall not include for purposes of the Federal
Real Property Pilot Program any parcel of real property, building, or
other structure located on such real property that is to be closed or
realigned under the Defense Base Closure and Realignment Act of 1990
(10 U.S.C. 2687 note).
``(e) The Federal Real Property Disposal Pilot Program shall
terminate on September 30, 2019.
``Sec. 622. Selection of real properties
``Agencies will recommend candidate disposition properties to the
Director for participation in the pilot program. The Director, with the
concurrence of the head of the executive agency concerned and
consistent with the criteria established in section 621, may then
select such candidate properties for participation in the pilot program
and notify the recommending agency accordingly.
``Sec. 623. Expedited disposal requirements
``(a) For purposes of the pilot program, an `expedited disposal of
a real property' is a sale of real property for cash that is conducted
pursuant to the requirements of section 545 of this title.
``(b) Real property sold under the pilot program must be sold at
not less than the fair market value as determined by the Director in
consultation with the head of the executive agency. Costs associated
with disposal may not exceed the fair market value of the property
unless the Director approves incurring such costs.
``(c) A real property may be sold under the pilot program only if
the property will generate monetary proceeds to the Federal Government,
as provided in subsection (b). A disposal of real property under the
pilot program may not include any exchange, trade, transfer,
acquisition of like-kind property, or other non-cash transaction as
part of the disposal.
``(d) Nothing in this subchapter shall be construed as terminating
or in any way limiting authorities that are otherwise available to
agencies under other provisions of law to dispose of Federal real
property, except as provided in subsection (e).
``(e) Any expedited disposal of a real property conducted under
this section shall not be subject to--
``(1) subchapter IV of this chapter;
``(2) sections 550 and 553 of title 40, United States Code;
``(3) section 501 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11411);
``(4) any other provision of law authorizing the no-cost
conveyance of real property owned by the Federal Government; or
``(5) any congressional notification requirement other than
that in section 545 of this title.
``Sec. 624. Special rules for deposit and use of proceeds from
expedited disposals
``(a) Agencies that conduct expedited disposals of real properties
under this subchapter shall be reimbursed from the proceeds for the
administrative expenses associated with the disposal of such
properties. Such amounts will be credited as offsetting collections to
the account that incurred such expenses, to remain available until
expended without further appropriations.
``(b) After payment of such administrative costs, the balance of
the proceeds shall be distributed as follows:
``(1) Eighty percent shall be deposited into the Treasury
as miscellaneous receipts.
``(2) Twenty percent shall be deposited into the account of
the agency that owned the real property and initiated the
disposal action. Such funds shall be available without further
appropriation, to remain available for the period of the pilot
program, for activities related to Federal real property
capital improvements and disposal activities. Upon termination
of the pilot program, any unobligated amounts shall be
transferred to the general fund of the Treasury.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of subtitle I of title 40, United States Code, is amended by
inserting after the item relating to section 611 the following:
``subchapter vii--expedited disposal of real property
``Sec. 621. Pilot program.
``Sec. 622. Selection of real properties.
``Sec. 623. Expedited disposal requirements.
``Sec. 624. Special rules for deposit and use of proceeds from
expedited disposals.''. | Requires the Director of the Office of Management and Budget (OMB) to: (1) conduct a Federal Real Property Disposal Pilot Program for the expedited disposal of real property that is not meeting federal government needs; and (2) identify criteria for identifying such property.
Requires the Director, for FY2010-FY2019, to dispose of real property generating proceeds of not less than $19 billion under the Program. Prohibits the Director from including any parcel of real property, building, or other structure located on real property that is to be closed or realigned under the Defense Base Closure and Realignment Act of 1990.
Requires agencies to recommend candidate disposition properties to the Director, who shall select properties for participation in the Program and notify the recommending agency. Prohibits real property from being sold under the program: (1) for less than fair market value; (2) if it will not generate monetary proceeds to the federal government exceeding disposal costs; or (3) in a non-cash transaction.
Requires participating agencies to receive reimbursement for associated administrative expenses and 20% of the balance of the remaining proceeds.
Terminates the program on September 30, 2019. | {"src": "billsum_train", "title": "To establish a pilot program for the expedited disposal of Federal real property."} | 1,164 | 249 | 0.68035 | 2.228578 | 0.839628 | 4.053097 | 4.730088 | 0.893805 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Development Investment
Enhancements Act of 2006''.
SEC. 2. ENHANCING THE AUTHORITY FOR NATIONAL BANKS TO MAKE COMMUNITY
DEVELOPMENT INVESTMENTS.
(a) National Banks.--The last sentence in the paragraph designated
as the ``Eleventh.'' of section 5136 of the Revised Statutes of the
United States (12 U.S.C. 24) is amended--
(1) by striking ``10 percent'' each place such term appears
and inserting ``15 percent''; and
(2) by adding at the end the following new sentence: ``The
preceding standards and limitations apply to each investment
under this paragraph made by a national bank directly and by
its subsidiaries.''.
(b) State Member Banks.--The last sentence of the 23rd undesignated
paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 338a) is
amended--
(1) by striking ``10 percent'' each place such term appears
and inserting ``15 percent''; and
(2) by adding at the end the following new sentence: ``The
preceding standards and limitations apply to each investment
under this paragraph made by a State member bank directly and
by its subsidiaries.''.
SEC. 3. INVESTMENTS BY FEDERAL SAVINGS ASSOCIATIONS AUTHORIZED TO
PROMOTE THE PUBLIC WELFARE.
(a) In General.--Section 5(c)(3) of the Home Owners' Loan Act (12
U.S.C. 1464(c)) is amended by adding at the end the following new
subparagraph:
``(D) Direct investments to promote the public
welfare.--
``(i) In general.--A Federal savings
association may make investments designed
primarily to promote the public welfare,
including the welfare of low- and moderate-
income communities or families through the
provision of housing, services, and jobs.
``(ii) Direct investments or acquisition of
interest in other companies.--Investments under
clause (i) may be made directly or by
purchasing interests in an entity primarily
engaged in making such investments.
``(iii) Prohibition on unlimited
liability.--No investment may be made under
this subparagraph which would subject a Federal
savings association to unlimited liability to
any person.
``(iv) Single investment limitation to be
established by director.--Subject to clauses
(v) and (vi), the Director shall establish, by
order or regulation, limits on--
``(I) the amount any savings
association may invest in any 1
project; and
``(II) the aggregate amount of
investment of any savings association
under this subparagraph.
``(v) Flexible aggregate investment
limitation.--The aggregate amount of
investments of any savings association under
this subparagraph may not exceed an amount
equal to the sum of 5 percent of the savings
association's capital stock actually paid in
and unimpaired and 5 percent of the savings
association's unimpaired surplus, unless--
``(I) the Director determines that
the savings association is adequately
capitalized; and
``(II) the Director determines, by
order, that the aggregate amount of
investments in a higher amount than the
limit under this clause will pose no
significant risk to the affected
deposit insurance fund.
``(vi) Maximum aggregate investment
limitation.--Notwithstanding clause (v), the
aggregate amount of investments of any savings
association under this subparagraph may not
exceed an amount equal to the sum of 15 percent
of the savings association's capital stock
actually paid in and unimpaired and 15 percent
of the savings association's unimpaired
surplus.
``(vii) Investments not subject to other
limitation on quality of investments.--No
obligation a Federal savings association
acquires or retains under this subparagraph
shall be taken into account for purposes of the
limitation contained in section 28(d) of the
Federal Deposit Insurance Act on the
acquisition and retention of any corporate debt
security not of investment grade.
``(viii) Applicability of standards to each
investment.--The standards and limitations of
this subparagraph shall apply to each
investment under this subparagraph made by a
savings association directly and by its
subsidiaries.''.
(b) Technical and Conforming Amendments.--Section 5(c)(3)(A) of the
Home Owners' Loan Act (12 U.S.C. 1464(c)(3)(A)) is amended to read as
follows:
``(A) [Repealed]''.
Passed the House of Representatives September 27, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Community Development Investment Enhancements Act of 2006 - Amends the Revised Statues of the United States and the Federal Reserve Act to increase from 10% to 15% of its capital stock actually paid in and unimpaired, and from 10% to 15% of its unimpaired surplus fund, the maximum aggregate community development investments of a national banking association or a state member bank, including its subsidiaries. Applies such limits to each such investment.
Amends the Home Owners' Loan Act to authorize a federal savings association to make investments designed primarily to promote the public welfare, including the welfare of low- and moderate-income communities or families through the provision of housing, services, and jobs (community development investments).
Permits such investments to be made directly or by purchase of interests in an entity primarily engaged in making such investments.
Prohibits a federal savings association from making an investment which would subject it to unlimited liability to any person.
Requires the Director of the Office of Thrift Supervision to establish: (1) the amount any savings association may invest in any one project; and (2) the aggregate amount of investment of any savings association.
Restricts the aggregate amount of investment of any savings association, subject to specified determinations made by the Director.
Prohibits the maximum aggregate amount of investments of any savings association from exceeding the same 15% of its capital stock actually paid in and unimpaired and 15% of its unimpaired surplus as imposed by this Act on national banking associations and state member banks. | {"src": "billsum_train", "title": "To enhance community development investments by financial institutions, and for other purposes."} | 1,056 | 318 | 0.634807 | 1.952243 | 0.860976 | 2.944637 | 3.145329 | 0.868512 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Financial Empowerment Act of
2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The proportion of the population of the United States
that is 60 years of age or older will drastically increase in
the next 30 years as more than 76,000,000 baby boomers approach
retirement and old age.
(2) Each year, anywhere between 500,000 and 5,000,000
seniors in the United States are abused, neglected, or
exploited.
(3) Senior abuse, neglect, and exploitation have no
boundaries and cross all racial, social class, gender, and
geographic lines.
(4) Millions of individuals in the United States are
victims of financial exploitation, including mail,
telemarketing, and Internet fraud, each year and many of the
individuals who fall prey to these crimes are seniors.
(5) It is difficult to estimate the prevalence of fraud
targeting seniors because cases are severely underreported and
national statistics on senior fraud do not exist.
(6) The Federal Bureau of Investigation notes that a senior
may be less likely to report fraud because the senior--
(A) does not know to whom to report the fraud;
(B) is ashamed to have been a victim of fraud;
(C) does not know that the senior has been a victim
of fraud; or
(D) in some cases, is concerned that relatives may
come to the conclusion that the senior no longer has
the mental capacity to take care of the financial
affairs of the senior.
(7) According to a 2011 report by the MetLife Mature Market
Institute, the annual financial loss by victims of senior
financial abuse is estimated to be at least $2,900,000,000.
(8) As victims of senior financial abuse, many seniors have
been robbed of their hard-earned life savings, and even their
homes, and can suffer severe emotional and health-related
consequences.
(9) Perpetrators of fraud targeting seniors often operate
outside the United States, reaching their victims through the
mail, telephone lines, and the Internet.
(10) The Deceptive Mail Prevention and Enforcement Act
(Public Law 106-168; 113 Stat. 1806) increased the power of the
United States Postal Service to protect consumers against
persons who use deceptive mailings, such as those featuring
games of chance, sweepstakes, skill contests, and facsimile
checks.
(11) During fiscal year 2007, analysts prepared more than
27,000 letters and informative postcards in response to mail
fraud complaints. During that same fiscal year, postal
inspectors investigated 2,909 mail fraud cases in the United
States and arrested 1,236 mail fraud suspects, of whom 1,118
were convicted. Postal inspectors also reported 162
telemarketing fraud investigations with 83 arrests and 61
convictions resulting from the investigations.
(12) In 2000, the Special Committee on Aging of the Senate
reported that, each year, consumers lose approximately
$40,000,000,000 to telemarketing fraud and estimated that
approximately 10 percent of the 14,000 telemarketing firms in
the United States were fraudulent.
(13) Some researchers estimate that only one in 10,000
fraud victims reports the crime to the authorities.
(14) A 2003 report by AARP, Inc., found that the crime of
telemarketing fraud is grossly underreported among senior
victims, but that individuals who are properly counseled by
trained peer volunteers are less likely to fall victim to
fraudulent practices.
(15) The Federal Bureau of Investigation reports that the
threat of fraud to seniors is growing and changing. Many
younger baby boomers have considerable computer skills and
criminals are modifying their targeting techniques by using not
only traditional telephone calls and mass mailings, but also
online scams like phishing and e-mail spamming.
(16) The Internet Crime Complaint Center is a partnership
between the National White Collar Crime Center and the Federal
Bureau of Investigation that serves as a vehicle to receive,
develop, and refer criminal complaints regarding cybercrime.
The Internet Crime Complaint Center processed more than 219,553
complaints of Internet crime in 2007 and, from these
submissions, the center referred 90,008 complaints of Internet
crime, representing a total dollar loss of $239,090,000, to
Federal, State, and local law enforcement agencies in the
United States for further consideration.
(17) Consumer awareness is the best protection from fraud.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Senior citizen.--The term ``senior citizen'' means an
individual who is not younger than 65 years of age.
SEC. 4. INFORMATION AND CONSUMER EDUCATION ON MAIL, TELEMARKETING, AND
INTERNET FRAUD TARGETING SENIOR CITIZENS.
(a) Centralized Service.--
(1) Dissemination of information.--The Commission, after
consultation with the Attorney General, the Secretary of Health
and Human Services, the Postmaster General, the Chief Postal
Inspector for the United States Postal Inspection Service, and
the Internet Crime Complaint Center, shall--
(A) disseminate to senior citizens and the families
and caregivers of the senior citizens information--
(i) regarding mail, telemarketing, and
Internet fraud that targets senior citizens,
including descriptions of the most common fraud
schemes; and
(ii) which shall be--
(I) disseminated in a way that is
easily accessible and user-friendly to
senior citizens; and
(II) proactive so as to teach
senior citizens about scam and fraud
prevention through safe and smart
financial practices; and
(B) with respect to the information described in
subparagraph (A)(ii)(II)--
(i) update the information regularly to
keep pace with the changing nature of criminal
activity; and
(ii) include--
(I) instructions on how to refer a
complaint to the appropriate law
enforcement agency; and
(II) a national toll-free telephone
number, to be established by the
Commission, which shall--
(aa) have a live
individual, rather than an
automated service, available to
answer calls from senior
citizens who are calling--
(AA) to seek advice
on where and how to
report instances of
fraud; or
(BB) to ask
questions about issues
relating to scams or
fraud of senior
citizens; and
(bb) be similar to the
Fraud Hotline established by
the Special Committee on Aging
of the Senate.
(2) Sharing of information.--The Commission shall--
(A) maintain an Internet website that serves as a
source of information for senior citizens and the
families and caregivers of senior citizens regarding
the types of fraud described in paragraph (1)(A)(i);
(B) work with State enforcement agencies to create
a national database that tracks instances of fraud
committed against senior citizens; and
(C) in response to a specific request about a
particular person, provide publically available
information on any record of a civil or criminal law
enforcement action taken against the person for fraud
that targeted senior citizens.
(b) Implementation.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall establish and implement
procedures to carry out the requirements of this section.
SEC. 5. EDUCATION TO CERTAIN ENTITIES REGARDING FINANCIAL EXPLOITATION
OF SENIOR CITIZENS.
(a) In General.--The Commission shall, in consultation with the
appropriate Federal financial institutions (as defined in section
8(e)(7)(D) of the Federal Deposit Insurance Act (12 U.S.C.
1818(e)(7)(D))), regulatory agencies, State agencies, and local
agencies, convene and provide education to the entities described in
subsection (b) regarding the legal obligations of those entities and
industry best practices for those entities with respect to financial
exploitation and neglect of senior citizens.
(b) Covered Entities.--An entity described in this subsection is--
(1) a depository institution (as defined in section 3(c) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(c)));
(2) a credit office;
(3) a remittance transfer provider (as defined in section
920(g) of the Electronic Fund Transfer Act (15 U.S.C. 1693o-
1(g)));
(4) a person who distributes general-use prepaid cards (as
defined in section 915(a)(2) of the Electronic Fund Transfer
Act (15 U.S.C. 1693l-1(a)(2))); and
(5) any individual who--
(A) is employed by a financial institution;
(B) has access to the financial records of senior
citizens; and
(C) may be able to identify instances of elder
financial abuse because of discrepancies in those
financial records.
(c) Required Training.--A State agency may not receive Federal
funds under this Act unless the agency ensures that the entities
described in subsection (b) in that State receive appropriate training
that improves--
(1) the ability of the entities to recognize evidence of
financial exploitation and neglect of senior citizens; and
(2) the understanding of the entities of the reporting
requirements in that State with respect to financial
exploitation and neglect of senior citizens.
(d) Implementation.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall establish and implement
procedures to carry out the requirements of this section.
SEC. 6. GRANT PROGRAM TO PREVENT MAIL, TELEMARKETING, AND INTERNET
FRAUD AND FOR SCIENTIFIC RESEARCH ON SENIOR CITIZENS'
INCREASED VULNERABILITY TO SCAMS.
(a) Grant Program.--
(1) Authorization.--The Attorney General may award grants,
on a competitive basis, to eligible entities to carry out fraud
prevention activities designed to protect senior citizens.
(2) Eligible entities.--For purposes of the grant program,
an eligible entity is any State attorney general, State or
local law enforcement agency, senior center, or other State or
local nonprofit organization that provides assistance to senior
citizens.
(3) Priority.--In awarding grants under this subsection,
the Attorney General shall give priority to an eligible entity
that has established a public-private partnership with a
computer or software company that is focused on developing
tools to enhance Internet scam prevention.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Attorney General to carry out this
subsection $5,000,000 for each of fiscal years 2018 through
2022.
(b) Research.--
(1) In general.--The Director of the National Institutes of
Health shall conduct scientific research related to the
increased vulnerability of senior citizens to scams and fraud
due to age-related health and neurological conditions.
(2) Availability of funds.--No additional amounts are
authorized to be appropriated to carry out this subsection.
Amounts to carry out this subsection shall be derived from
amounts not specifically appropriated to carry out this
subsection.
SEC. 7. SENSE OF CONGRESS ON NATIONAL SENIOR FRAUD AWARENESS WEEK.
It is the sense of Congress that--
(1) there is a need to increase awareness of fraud
targeting senior citizens;
(2) a week in March of each year should be designated as
``National Senior Fraud Awareness Week'' to coincide with the
end of winter, which--
(A) is commonly a period of increased isolation;
and
(B) precedes tax season;
(3) the people of the United States should observe National
Senior Fraud Awareness Week with relevant educational
activities; and
(4) the President should issue a proclamation supporting
increased awareness of senior fraud. | Senior Financial Empowerment Act of 2017 This bill requires the Federal Trade Commission (FTC) to disseminate to senior citizens and their families and caregivers information regarding mail, telemarketing, and Internet fraud that targets senior citizens. The information must: (1) teach safe and smart financial practices, (2) provide instructions on how to refer a fraud complaint to law enforcement, and (3) include a toll-free telephone number that connects to a live individual who answers calls from seniors seeking advice about scams or how to report instances of fraud. The Department of Justice may award grants for the prevention of senior citizen fraud to state attorneys general, state or local law enforcement, senior centers, or nonprofit organizations that provide assistance to seniors. Priority shall be given to entities with public-private partnerships with computer or software companies that develop Internet scam prevention tools. The FTC must provide education regarding legal obligations, and concerning industry best practices addressing financial exploitation and neglect of seniors, to: (1) depository institutions, credit offices, remittance transfer providers, and general-use prepaid card distributors; and (2) financial institution employees who may be able to identify elder financial abuse. State agencies may not receive federal funds under this bill without ensuring that such financial entities in their states receive training on recognizing and reporting financial exploitation and neglect of seniors. The National Institutes of Health must research the increased vulnerability of seniors to scams and fraud due to age-related health and neurological conditions. The bill expresses the sense of Congress that a week in March of each year should be designated as National Senior Fraud Awareness Week. | {"src": "billsum_train", "title": "Senior Financial Empowerment Act of 2017"} | 2,535 | 337 | 0.583632 | 1.855342 | 0.693285 | 3 | 7.533981 | 0.89644 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Long-Term Care Partnership Act
of 2005''.
SEC. 2. ALLOWANCE OF ADDITIONAL STATE LONG-TERM CARE PARTNERSHIPS.
(a) In General.--Section 1917(b) of the Social Security Act (42
U.S.C. 1396(b)) is amended--
(1) in paragraph (1)(C)(i), by striking ``shall seek
adjustment'' and inserting ``may seek adjustment'';
(2) in paragraph (1)(C)(ii), by inserting ``Qualified State
Long-Term Care Insurance Partnership or under a'' after
``Clause (i) shall not apply in the case of an individual who
received medical assistance under a''; and
(3) in paragraph (4)(B), by striking ``(and shall include,
in the case of an individual to whom paragraph (1)(C)(i)
applies)''.
(b) Definition of a Qualified State Long-Term Care Insurance
Partnership.--Section 1917(e) of the Social Security Act (42 U.S.C.
1396p(e)) is amended by inserting at the end the following:
``(6) The term `Qualified State Long-Term Care Insurance
Partnership' means a State plan amendment that provides for the
disregard of any assets or resources in an amount equal to the
insurance benefits payments that are made under a long-term
care insurance policy (including a certificate issued under a
group insurance contract), but only if--
``(A) the policy covers an insured who, at the time
coverage under the policy first becomes effective, is a
resident of such State or of a State that maintains a
Qualified Long-Term Care Insurance Partnership;
``(B) the policy is a qualified long-term care
insurance contract within the meaning of section
7702B(b) of the Internal Revenue Code of 1986;
``(C) the policy provides some level of inflation
protection;
``(D) the policy satisfies any requirements of
State or other applicable law that apply to a long-term
care insurance policy; and
``(E) the issuer of the policy reports--
``(i) to the Secretary, such information or
data as the Secretary may require; and
``(ii) to the State, the information or
data reported to the Secretary (if any), the
information or data required under the minimum
reporting requirements developed under section
2(c)(1) of the State Long-Term Care Partnership
Act of 2005, and such additional information or
data as the State may require.
For purposes of applying this paragraph, if a long-term care
insurance policy is exchanged for another such policy, the date
coverage became effective under the first policy shall
determine when coverage first becomes effective.''.
(c) Regulatory Authority.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Health and Human Services
(in this subsection and subsection (d) referred to as the
``Secretary''), in consultation with the National Association of
Insurance Commissioners, issuers of long-term care insurance policies,
States with experience with long-term care insurance partnership plans,
and other States, shall develop the following requirements and
standards:
(1) Minimum, consistent reporting requirements.--
(A) In general.--Minimum reporting requirements for
issuers of long-term care insurance policies under
Qualified State Long-Term Care Insurance Partnerships
that shall specify the data and information that each
such issuer shall report to the State with which it has
such a partnership. The requirements developed in
accordance with this paragraph shall specify the type
and format of the data and information to be reported
and the frequency with which such reports are to be
made.
(B) State required data.--Nothing in subparagraph
(A) shall be construed as prohibiting a State from
requiring an issuer of a long-term care insurance
policy sold in the State (regardless of whether the
policy is issued under a Qualified State Long-Term Care
Insurance Partnership) to require the issuer to report
State information or data to the State that is in
addition to the information or data required under the
minimum reporting requirements developed under that
subparagraph.
(2) Reciprocity standards.--Standards for ensuring that
long-term care insurance policies issued under a Qualified
State Long-Term Care Insurance Partnership are portable to
other States with such a partnership.
(d) Consumer Education.--The Secretary shall establish procedures
for educating consumers regarding Qualified State Long-Term Care
Insurance Partnerships and long-term care insurance policies issued in
connection with such partnerships.
(e) Annual Reports to Congress.--The Secretary shall annually
report to Congress on the Qualified State Long-Term Care Insurance
Partnerships established in accordance with subsections (b)(1)(C)(ii)
and (e)(6) of section 1917 of the Social Security Act (42 U.S.C.
1396p).
(f) Effective Date.--The amendments made by subsections (a) and (b)
take effect on October 1, 2005. | State Long-Term Care Partnership Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to provide for establishment of long-term care insurance partnerships between states and insurers (Qualified State Long-Term Care Insurance Partnerships (QSLTCIPs)). Defines a QSLTCIP as a state plan amendment that provides for the disregard of any assets or resources in an amount equal to the insurance benefits payments made under a long-term care insurance policy (including a certificate issued under a group insurance contract), but only if the policy meets certain requirements, including coverage of an insured who, at the time coverage first becomes effective, is a resident of such state or of a state that maintains a QSLTCIP.
Directs the Secretary to establish procedures for educating consumers regarding QSLTCIPs and long-term care insurance policies issued in connection with them. | {"src": "billsum_train", "title": "A bill to amend title XIX of the Social Security Act to facilitate the establishment of additional long-term care insurance partnerships between States and insurers in order to promote the use of long-term care insurance."} | 1,151 | 199 | 0.613272 | 1.716013 | 0.899908 | 5.666667 | 6.320988 | 0.901235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrographic Services Improvement
Act Amendments of 2007''.
SEC. 2. REDESIGNATIONS.
The Hydrographic Services Improvement Act of 1998 is amended by
redesignating sections 302 through 306 (33 U.S.C. 892d) as sections 303
through 307, respectively.
SEC. 3. ADDITION OF FINDINGS AND PURPOSES.
The Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et
seq.) is amended by inserting a new section 302 as follows:
``SEC. 302. FINDINGS AND PURPOSES
``(a) Findings.--The Congress finds that--
``(1) in 2007, the Nation celebrates the 200th anniversary
of its oldest scientific agency, the Survey of the Coast, which
was authorized by Congress and created by President Thomas
Jefferson in 1807 to conduct surveys of the coast and provide
nautical charts for safe passage through the Nation's ports and
along its extensive coastline;
``(2) these mission requirements and capabilities, which
today are located in the National Oceanic and Atmospheric
Administration, evolved over time to include research,
development, operations, products, and services associated with
hydrographic, geodetic, shoreline and baseline surveying;
cartography, mapping, and charting; tides, currents, and water
level observations; maintenance of a national spatial reference
system, and associated products and services;
``(3) there is a need to maintain federal expertise and
capability in hydrographic data and services to support a safe
and efficient marine transportation system for the enhancement
and promotion of international trade and interstate commerce
vital to the Nation's economic prosperity and for myriad other
commercial and recreational activities;
``(4) the Nation's marine transportation system is becoming
increasingly congested, the volume of international maritime
commerce is expected to double within the next 20 years, and
nearly half of the cargo transiting U.S. waters is oil, refined
petroleum products, or other hazardous substances;
``(5) in addition to commerce, hydrographic data and
services support other national needs for the Great Lakes and
coastal waters, the territorial sea, the Exclusive Economic
Zone, and the continental shelf of the United States, including
emergency response; homeland security; marine resource
conservation; coastal resiliency to sea-level rise, coastal
inundation, and other hazards; ocean and coastal science
advancement; and improved and integrated ocean and coastal
mapping and observations for an integrated ocean observing
system;
``(6) the National Oceanic and Atmospheric Administration,
in cooperation with other agencies and the States, serves as
the Nation's leading civil authority for establishing and
maintaining national standards and datums for hydrographic data
and services;
``(7) the Director of the National Oceanic and Atmospheric
Administration's Office of Coast Survey serves as the U.S.
National Hydrographer and the primary U.S. representative to
the international hydrographic community, including the
International Hydrographic Organization;
``(8) the hydrographic expertise, data, and services of the
National Oceanic and Atmospheric Administration provide the
underlying and authoritative basis for baseline and boundary
demarcation, including the establishment of marine and coastal
territorial limits and jurisdiction, such as the Exclusive
Economic Zone; and
``(9) research, development and application of new
technologies will further increase efficiency, promote the
Nation's competitiveness, provide social and economic benefits,
enhance safety and environmental protection, and reduce risks.
``(b) Purposes.--The purposes of this Act are to--
``(1) augment the ability of the National Oceanic and
Atmospheric Administration to fulfill its responsibilities
under this and other authorities;
``(2) provide more accurate and up-to-date hydrographic
data and services in support of safe and efficient
international trade and interstate commerce, including
hydrographic surveys; electronic navigational charts; real-time
tide, water level, and current information and forecasting;
shoreline surveys; and geodesy and three-dimensional
positioning data;
``(3) support homeland security, emergency response,
ecosystem approaches to marine management, and coastal
resiliency by providing hydrographic data and services with
many other useful operational, scientific, engineering, and
management applications, including storm surge, tsunami,
coastal flooding, erosion, and pollution trajectory monitoring,
predictions, and warnings; marine and coastal geographic
information systems; habitat restoration; long-term sea-level
trends; and more accurate environmental assessments and
monitoring;
``(4) promote improved integrated ocean and coastal mapping
and observations through increased coordination and
cooperation;
``(5) provide for and support research and development in
hydrographic data, services and related technologies to enhance
the efficiency, accuracy and availability of hydrographic data
and services and thereby promote the Nation's scientific and
technological competitiveness; and
``(6) provide national and international leadership for
hydrographic and related services, sciences, and
technologies.''.
SEC. 4. CHANGES IN DEFINITIONS.
Section 303 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892), as redesignated by section 2, is amended--
(1) by amending paragraph (3) to read as follows:
``(3) Hydrographic data.--The term `hydrographic data'
means information acquired through hydrographic, bathymetric,
or shoreline surveying; geodetic, geospatial, or geomagnetic
measurements; tide, water level, and current observations, or
other methods, that is used in providing hydrographic
services.'';
(2) by amending paragraph (4)(A) to read as follows:
``(A) the management, maintenance, interpretation,
certification, and dissemination of bathymetric,
hydrographic, shoreline, geodetic, geospatial,
geomagnetic, and tide, water level, and current
information, including the production of nautical
charts, nautical information databases, and other
products derived from hydrographic data;''; and
``(3) by amending paragraph (5) to read as follows:
``(5) Coast and Geodetic Survey Act.--The term `Coast and
Geodetic Survey Act' means the Act entitled `An Act to define
the functions and duties of the Coast and Geodetic Survey, and
for other purposes', approved August 6, 1947 (33 U.S.C. 883a et
seq.).''.
SEC. 5. CHANGES IN FUNCTIONS OF THE ADMINISTRATOR.
Section 304 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892a), as redesignated by section 2, is amended--
(1) in subsection (a)--
(A) in the stem by striking ``To fulfill the data
gathering and dissemination duties of the
Administration under the Act of 1947,'' and inserting
``To fulfill the data gathering and dissemination
duties of the Administration under the Coast and
Geodetic Survey Act, promote safe, efficient, and
environmentally sound marine transportation, and
otherwise fulfill the purposes of this Act,'';
(B) in paragraph (1) by striking ``data;'' and
inserting ``data and provide hydrographic services;'';
(2) by amending subsection (b) to read as follows:
``(b) Authorities.--To fulfill the data gathering and dissemination
duties of the Administration under the Coast and Geodetic Survey Act,
promote safe, efficient, and environmentally sound marine
transportation, and otherwise fulfill the purposes of this Act, subject
to the availability of appropriations--
``(1) the Administrator may procure, lease, evaluate, test,
develop, and operate vessels, equipment, and technologies
necessary to ensure safe navigation and maintain operational
expertise in hydrographic data acquisition and hydrographic
services;
``(2) the Administrator shall design, install, maintain,
and operate real-time hydrographic monitoring systems to
enhance navigation safety and efficiency;
``(3) where appropriate and to the extent that it does not
detract from the promotion of safe and efficient navigation,
the Administrator may acquire hydrographic data and provide
hydrographic services to support the conservation and
management of coastal and ocean resources;
``(4) where appropriate, the Administrator may acquire
hydrographic data and provide hydrographic services to save and
protect life and property and support the resumption of
commerce in response to emergencies, natural and man-made
disasters, and homeland security and maritime domain awareness
needs, including obtaining Mission Assignments as defined in
section 741 of title 6, United States Code;
``(5) the Administrator shall have the authority to create,
support and maintain such joint centers, and to enter into and
perform such contracts, leases, grants, or cooperative
agreements as may be necessary to carry out the purposes of
this Act; and
``(6) notwithstanding paragraph (5), the Administrator may
award contracts for the acquisition of hydrographic data in
accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 1101 et
seq.).''.
SEC. 6. CHANGES TO QUALITY ASSURANCE PROGRAM.
Section 305 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892b), as redesignated by section 2, is amended in
subsections (b)(1)(A) and (b)(2) by striking ``303(a)(3)'' and
inserting ``304(a)(3)''.
SEC. 7. CHANGES IN HYDROGRAPHIC SERVICES REVIEW PANEL.
Section 306 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892c), as redesignated by section 2, is amended--
(1) in subsection (b)(1) by striking ``303'' and inserting
``304'';
(2) by amending subsection (c)(1)(A) to read as follows:
``(A) The panel shall consist of 15 voting members
who shall be appointed by the Administrator. The Co-
directors of the Joint Hydrographic Institute and no
more than two employees of the National Oceanic and
Atmospheric Administration appointed by the
Administrator shall serve as nonvoting members of the
panel. The voting members of the panel shall be
individuals who, by reason of knowledge, experience, or
training, are especially qualified in one or more of
the disciplines and fields relating to hydrographic
data and hydrographic services, as defined in this Act,
and other disciplines as determined appropriate by the
Administrator.'';
(3) in subsections (c)(1)(C), (c)(3), and (e) by striking
``Secretary'' and inserting ``Administrator''; and
(4) by amending subsection (d) to read as follows:
``(d) Compensation.--Voting members of the panel shall be
reimbursed for actual and reasonable expenses, such as travel and per
diem, incurred in the performance of such duties.''.
SEC. 8. CHANGES TO AUTHORIZATION OF APPROPRIATIONS.
Section 307 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892d), as redesignated by section 2, is amended to read as
follows:
``There are authorized to be appropriated to the Administrator
$168,771,000 in fiscal year 2008 and thereafter such sums as may be
necessary for each of fiscal years 2009 through 2012 for the purposes
of carrying out this Act.''. | Hydrographic Services Improvement Act Amendments of 2007 - Amends the Hydrographic Services Improvement Act of 1998 to set forth findings and purposes for the Act.
Revises the definitions of "hydrographic data" and "hydrographic services" to include shoreline surveying and water level observations.
Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to promote safe, efficient, and environmentally sound marine transportation and to provide hydrographic services. Revises the Administrator's authorities, including providing hydrographic services to save and protect life and property and support the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs.
Modifies membership and compensation provisions regarding the Hydrographic Services Review Panel. | {"src": "billsum_train", "title": "A bill to reauthorize and amend the Hydrographic Services Improvement Act, and for other purposes."} | 2,449 | 169 | 0.574507 | 1.58439 | 0.746978 | 4.416058 | 16.569343 | 0.883212 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Protection Home Inspection
Counseling Act of 2007''.
SEC. 2. PROGRAM TO TRAIN COUNSELORS TO PROVIDE CONSUMERS WITH VOLUNTARY
HOME INSPECTION COUNSELING.
(a) Establishment.--The Secretary of Housing and Urban Development
(in this Act referred to as the ``Secretary'') shall establish a
comprehensive program to train staff of the Department, contractors,
individuals, and entities that provide housing counseling under
programs authorized, certified, or funded under section 106 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) to also
provide counseling to consumers on voluntary home inspection. The
training program shall include development of a training module to
train counselors as well as counseling aids to be used by housing
counselors and suitable for distribution to consumers. The training
materials shall be written in plain language and shall be
comprehensible to untrained consumers with or without ongoing
assistance from housing counselors.
(b) Content.--At a minimum, the home inspection counseling program
established under this section, and the training module and counseling
aids developed under this section, shall convey the following
information:
(1) That a home inspection in connection with purchase of a
home is voluntary, but not mandatory.
(2) That the Department of Housing and Urban Development
recommends that homebuyers obtain a voluntary home inspection.
(3) That a home inspection is not required in the case of
an FHA loan insured under title II of the National Housing Act
(12 U.S.C. 1707 et seq.) and that a home inspection is not
performed by FHA.
(4) That in most cases, no home inspection will be
performed unless the homebuyer requests one.
(5) That it is the burden of the homebuyer to arrange for a
home inspection if one is requested.
(6) That an appraisal is not equivalent to a home
inspection.
(7) That the homebuyer may be able to make the purchase of
a home contingent on the outcome of a home inspection if the
seller agrees to such a contingency in the sales contract.
(8) That if the homebuyer chooses to obtain a home
inspection, it is generally to the homebuyer's benefit to do so
as early as possible.
(9) That the homebuyer should consider requesting a
voluntary home inspection.
(c) Mandatory HUD Form.--Individuals and entities that provide
housing counseling under programs authorized, certified, or funded
under section 106 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701x) shall be instructed to present and explain in person at a
counseling session, to each homebuyer who is receiving such counseling,
a copy of HUD Form 92564-CN, ``For Your Protection: Get a Home
Inspection''.
(d) Additional Guidance Materials.--The Secretary shall develop, in
consultation with national professional home inspector associations,
additional guidance materials to educate housing counselors on how to
advise consumers how to locate, interview, and select a professional
home inspector, and on how consumers may independently locate,
interview, and select a professional home inspector. The Secretary
shall require that these materials be made available to counselors
providing housing counseling under the programs referred to in
subsection (c).
SEC. 3. CERTIFICATION OF COUNSELORS.
(a) Protocol.--The Secretary shall, in the discretion of the
Secretary, develop a new independent protocol, or amend existing
protocols, to certify that housing counselors whose activities are
authorized, certified, or funded in whole or in part under section 106
of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) have
successfully completed training using the voluntary home inspection
training module and counseling aids established and developed pursuant
to section 2 of this Act.
(b) Standards for Materials and Forms.--The Secretary shall
establish standards and requirements for voluntary home inspection
counseling materials and forms to be used, as appropriate, by
organizations providing voluntary home inspection counseling. Such
standards shall conform with the content requirements under section
2(b) of this Act.
SEC. 4. HOME INSPECTION COUNSELING REQUIREMENTS.
Each person providing counseling for a housing counseling entity
authorized, certified, or funded in whole or in part under section 106
of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x)
shall be trained through the voluntary home inspection training module
established pursuant to section 2(a)of this Act and shall distribute
the counseling aids to be developed under such section. Any
homeownership counseling program required under, or provided in
connection with, any program administered by the Department of Housing
and Urban Development shall be provided only by organizations or
counselors certified by the Secretary pursuant to this Act as competent
to provide voluntary home inspection counseling. The Secretary may
withhold, withdraw, or suspend housing counseling certifications for
any housing counselor or counseling entity that fails to meet the
requirements of this Act.
SEC. 5. PUBLIC OUTREACH.
(a) In General.--The Secretary shall take such actions as may be
necessary to make the existence of the training module and counseling
aids developed under section 2 known to State and local governments,
nonprofit organizations, consumer organizations, and the general
public. The Secretary shall further make the materials generally
available for electronic access, including the World Wide Web, and via
other means. Such public outreach activities shall include--
(1) the development of a one page, plain-language statement
in conspicuous 16-point type or larger, rendered at least in
both English and Spanish versions;
(2) the development and distribution of national multimedia
public service announcements to be made available to print,
broadcast, electronic, and web-based media outlets;
(3) the development of an advisory statement to mortgage
lenders advising them to provide notice of the availability of
home inspection counseling at time of mortgage application; and
(4) the establishment, operation, and publication by the
Department of Housing and Urban Development of a toll-free
telephone number to receive requests for information on home
inspection counseling.
(b) Targets.--The public outreach carried out under this section
shall be designed to reach real estate professionals, State and local
housing counseling authorities, nonprofit housing organizations,
employers who engage in employer-assisted housing programs, community-
based organizations with expertise in the field of housing counseling,
and high school guidance counselors.
(c) Emphasis on Vulnerable Populations.--In carrying out public
outreach under this section, the Secretary shall place special emphasis
on reaching vulnerable populations, including first-time and low-income
homebuyers.
SEC. 6. REPORT.
Not later than the expiration of the 12-month period beginning upon
the date of the enactment of this Act, the Secretary shall submit a
report to the Congress describing the actions that have been undertaken
to comply with this Act, disclosing the actions that are required under
this Act but have not at such time been addressed, assessing the
results of this Act that have been achieved at such time, identifying
areas for improvement in the implementation of the Act, and making
recommendations to enhance implementation of this Act. | Consumer Protection Home Inspection Counseling Act of 2007 - Requires the Secretary of Housing and Urban Development (HUD) to establish a comprehensive program to train HUD staff, contractors, individuals, and entities that provide housing counseling under specified HUD-funded programs also to provide counseling to consumers on voluntary home inspection.
Requires the Secretary to develop a new independent protocol, or amend existing protocols, to certify that such housing counselors have successfully completed training using the voluntary home inspection training module and counseling aids established and developed pursuant to this Act. Limits authorized counseling to certified counselors.
Directs the Secretary to take necessary action to make such training module and counseling aids known to state and local governments, nonprofit organizations, consumer organizations, and the general public. | {"src": "billsum_train", "title": "To establish programs to provide counseling to homebuyers regarding voluntary home inspections and to train counselors to provide such counseling, and for other purposes."} | 1,557 | 162 | 0.618421 | 1.736839 | 0.763936 | 4.978873 | 10.183099 | 0.950704 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Verify Iranian Nuclear
Compliance Act''.
SEC. 2. COMMISSION TO VERIFY IRANIAN NUCLEAR COMPLIANCE.
(a) Establishment.--There is established in the legislative branch
the Commission to Verify Iranian Nuclear Compliance (hereafter in this
Act referred to as the ``Commission'').
(b) Functions and Duties.--The Commission shall--
(1) continually verify that the Islamic Republic of Iran is
complying with its obligations and commitments under the
agreement;
(2) continually assess the adequacy of the safeguards and
other control mechanisms and other assurances contained in the
agreement with respect to Iran's nuclear program to ensure
Iran's activities permitted thereunder are not being used to
further any nuclear-related military or nuclear explosive
purpose, including for any research on or development of any
nuclear explosive device or any other nuclear-related military
purpose;
(3) continually assess the capacity and capability of the
International Atomic Energy Agency (IAEA) to effectively
implement the verification regime required by or related to the
agreement, including whether the IAEA has sufficient access to
investigate suspicious sites or allegations of covert nuclear-
related activities and whether it has the required funding,
manpower, and authority to administer the verification regime
required by or related to the agreement; and
(4) submit to Congress the reports required by section 5.
SEC. 3. MEMBERSHIP.
(a) Selection and Membership.--The Commission shall be composed of
20 members as follows:
(1) Four Members of the House of Representatives appointed
by the Speaker of the House of Representatives. Two Members
shall be selected from the majority party and two Members shall
be selected, after consultation with the minority leader of the
House, from the minority party.
(2) Four Members of the Senate appointed by the President
of the Senate. Two Members shall be selected, after
consultation with the majority leader, from the majority party,
and two Members shall be selected, after consultation with the
minority leader, from the minority party.
(3) Two Members of the House of Representatives appointed
by the chairman of the Committee on Foreign Affairs of the
House of Representatives.
(4) Two Members of the House of Representatives appointed
by the ranking minority member of the Committee on Foreign
Affairs of the House of Representatives.
(5) Two Members of the Senate appointed by the chairman of
the Committee on Foreign Relations of the Senate.
(6) Two Members of the Senate appointed by the ranking
minority member of the Committee on Foreign Relations of the
Senate.
(7) One member of the Department of State appointed by the
President of the United States.
(8) One member of the Department of Defense appointed by
the President of the United States.
(9) One member of the Department of Energy appointed by the
President of the United States.
(10) One member of the Department of the Treasury appointed
by the President of the United States.
(b) Chairperson and Co-Chairperson.--
(1) In general.--There shall be a Chairperson and Co-
chairperson of the Commission.
(2) Designation of chairperson.--At the beginning of each
odd-numbered Congress, the President of the Senate, on the
recommendation of the majority leader, shall designate one of
the Senate members as Chairperson of the Commission. At the
beginning of each even numbered Congress, the Speaker of the
House of Representatives shall designate one of the House
members as Chairperson of the Commission.
(3) Designation of co-chairperson.--At the beginning of
each odd-numbered Congress, the President of the Senate, on the
recommendation of the minority leader, shall designate one of
the Senate members as Co-chairperson of the Commission. At the
beginning of each even numbered Congress, the Speaker of the
House of Representatives, on the recommendation of the minority
leader, shall designate one of the House members as Co-
chairperson of the Commission.
(c) Prohibition on Compensation.--Members of the Commission may not
receive additional pay, allowances, or benefits by reason of their
service on the Commission.
SEC. 4. TESTIMONY OF WITNESSES, PRODUCTION OF EVIDENCE; ISSUANCE OF
SUBPOENA; ADMINISTRATION OF OATHS.
(a) Testimony of Witnesses and Production of Evidence.--In carrying
out this Act, the Commission may require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the production of such
books, records, correspondence, memorandums, papers, and documents as
it deems necessary.
(b) Subpoenas.--Subpoenas shall be issued jointly by the
Chairperson and Co-chairperson of the Commission, and may be served by
any person designated by the Chairperson and Co-chairperson.
(c) Administration of Oaths.--The Chairperson of the Commission, or
any member designated by the Chairperson, may administer oaths to any
witness.
SEC. 5. COMMISSION REPORTS.
(a) Report on Matters Covered by This Act.--The Commission shall
submit to Congress a report with respect to the matters covered by this
Act not later than 180 days after the date of the enactment of this Act
and on an annual basis thereafter. The Commission shall provide
information relating to the agreement to Members of the House and
Senate as requested.
(b) Report on Expenditures.--For each fiscal year for which an
appropriation is made the Commission shall submit to Congress a report
on its expenditures under such appropriation.
(c) Justification of Budget.--The Commission shall prepare and
submit to Congress a justification of the annual budget of the
Commission at the time of submission of the annual budget of the
President to Congress pursuant to section 1105(a) of title 31, United
States Code.
SEC. 6. STAFF OF COMMISSION.
(a) Staff.--
(1) Staff director.--The Commission shall have a staff
director, who shall be appointed jointly by the Chairperson and
Co-chairperson of the Commission and whose pay shall be fixed
jointly by the Chairperson and Co-chairperson of the
Commission.
(2) Other staff.--The Chairperson of the Commission shall
appoint and fix the pay of other personnel of the Commission,
subject to the approval of at least 2 of the following members
of the Commission:
(A) The Co-chairperson of the Commission.
(B) For purposes of each even numbered Congress, a
Senate member of the Commission designated by the
President of the Senate, on the recommendation of the
majority leader. For purposes of each odd-numbered
Congress, a House member of the Commission designated
by the Speaker of the House of Representatives.
(C) For purposes of each even numbered Congress, a
Senate member of the Commission designated by the
President of the Senate, on the recommendation of the
minority leader. For purposes of each odd numbered
Congress, a House member of the Commission designated
by the Speaker of the House of Representatives, on the
recommendation of the minority leader.
(b) Treatment of Employees as House Employees.--For purposes of pay
and other employment benefits, rights, and privileges, and for all
other purposes, including the applicability of the Rules of the House
of Representatives and the Congressional Accountability Act of 1995,
each employee of the Commission shall be considered an employee of the
House of Representatives. For purposes of the Congressional
Accountability Act of 1995, the Commission shall be considered an
employing office with respect to its employees.
(c) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(d) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(e) Security Clearances.--All members of the Commission shall hold
appropriate security clearances by reason of their participation on the
Commission.
(f) Foreign Travel.--Foreign travel for official purposes by
members and staff of the Commission may be authorized by either the
Chairperson or Co-chairperson of the Commission.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission for each
fiscal year such sums as may be necessary to carry out this Act.
SEC. 8. AGREEMENT DEFINED.
In this Act, the term ``agreement'' means an agreement related to
the nuclear program of Iran that includes the United States, commits
the United States to take action, or pursuant to which the United
States commits or otherwise agrees to take action, regardless of the
form it takes, whether a political commitment or otherwise, and
regardless of whether it is legally binding or not, including any joint
comprehensive plan of action entered into or made between Iran and any
other parties, and any additional materials related thereto, including
annexes, appendices, codicils, side agreements, implementing materials,
documents, and guidance, technical or other understandings, and any
related agreements, whether entered into or implemented prior to the
agreement or to be entered into or implemented in the future. | Commission to Verify Iranian Nuclear Compliance Act This bill establishes in the legislative branch the Commission to Verify Iranian Nuclear Compliance, which shall continually: verify the Islamic Republic of Iran's compliance with its obligations under the agreement, assess the adequacy of the safeguards and other control mechanisms contained in the agreement with respect to Iran's nuclear program, and assess the capacity of the International Atomic Energy Agency to implement the verification regime required by or related to the agreement. "Agreement" means an agreement related to Iran's nuclear program that includes the United States, commits the United States to take action, or pursuant to which the United States commits or otherwise agrees to take action, whether a political commitment or otherwise, and regardless of whether it is legally binding or not. | {"src": "billsum_train", "title": "Commission to Verify Iranian Nuclear Compliance Act"} | 2,046 | 171 | 0.618402 | 1.815258 | 0.859411 | 6.087248 | 12.657718 | 0.946309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoption Awareness Act of 1999''.
SEC. 2. GRANTS FOR CERTAIN ACTIVITIES TOWARD PROMOTING ADOPTION
COUNSELING.
Subpart I of part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.) is amended by adding at the end the following
section:
``SEC. 330D. CERTAIN SERVICES FOR PREGNANT WOMEN.
``(a) Adoption Counseling.--
``(1) In general.--The Secretary shall make grants to
national adoption organizations for the purpose of developing
and implementing programs to train the staff of eligible health
centers in providing adoption counseling to pregnant women and
infertile married couples. With respect to such a grant--
``(A) a national adoption organization may expend
the grant to carry out the programs directly or through
grants to or contracts with other adoption
organizations;
``(B) the purposes for which the national adoption
organization expends the grant may include the
development of a training curriculum; and
``(C) a condition for the receipt of the grant is
that, with respect to an eligible health center for
which such training is to be provided, the national
adoption organization agree to make reasonable
efforts--
``(i) to provide such training at the
center or at a site that is near the center;
and
``(ii) to provide the training through
individuals who are experienced in providing
adoption counseling in the geographic area in
which the center is located.
``(2) Adoption organizations; eligible health centers;
other definitions.--For purposes of this section:
``(A) The term `adoption organization' means an
organization--
``(i) whose primary purpose is the
promotion of adoption;
``(ii) that is knowledgeable on the process
for adopting a child and on providing adoption
counseling to pregnant women; and
``(iii) that is a nonprofit private entity.
``(B) The term `eligible health centers' means
public and nonprofit private entities that provide
health-related services to pregnant women.
``(C) The term `married couples' means couples who
have entered into marriage as defined in section 7 of
title 1, United States Code.
``(3) Training for certain eligible health centers.--A
condition for the receipt of a grant under paragraph (1) is
that the national adoption organization involved agree to make
reasonable efforts to ensure that the eligible health centers
with respect to which training under the grant is provided
include--
``(A) eligible health centers that receive grants
under section 1001 (relating to voluntary family
planning projects);
``(B) eligible health centers that receive grants
under section 330 (relating to community health
centers, migrant health centers, and centers regarding
homeless individuals and residents of public housing);
``(C) eligible health centers that receive grants
under this Act for the provision of services in
schools; and
``(D) eligible health centers that do not perform
or make referrals for abortions, or provide or make
referrals for counseling that presents abortion as an
option.
``(4) Participation of certain eligible health clinics.--In
the case of eligible health centers that receive grants under
section 330 or 1001, the Secretary shall provide for the
training of the staff of such centers through the program under
paragraph (1), subject to subsection (c)(4).
``(b) Requirements Regarding Federally-Funded Family Planning
Services.--The Secretary shall require that each program providing
voluntary family planning services with a grant from the Secretary
provide nondirective counseling and referrals regarding--
``(1) prenatal care and delivery;
``(2) infant care;
``(3) foster care; and
``(4) adoption.
``(c) Religious Organizations.--
``(1) In general.--Religious organizations may receive
grants under subsection (a) on the same basis as any other
nongovernmental provider without impairing the religious
character of such organizations, and without diminishing the
religious freedom of beneficiaries of assistance funded under
such program.
``(2) Nondiscrimination against religious organizations.--
Religious organizations are eligible for grants under
subsection (a) on the same basis as any other nonprofit private
entity as long as the programs are implemented consistent with
the Establishment Clause of the United States Constitution. The
Federal Government shall not discriminate against an
organization that applies to receive such a grant on the basis
that the organization has a religious character.
``(3) Religious character and freedom.--
``(A) Religious organizations.--A religious
organization receiving a grant under subsection (a)
shall retain its independence from Federal, State, and
local governments, including such organization's
control over the definition, development, practice, and
expression of its religious beliefs.
``(B) Additional safeguards.--The Federal
Government shall not require a religious organization
receiving a grant under subsection (a)--
``(i) to alter its form of internal
governance; or
``(ii) to remove religious art, icons,
scripture, or other symbols;
in order to be eligible for a grant under subsection
(a).
``(4) Rights of beneficiaries of assistance.--
``(A) In general.--If an individual described in
subparagraph (B) has an objection to the religious
character of the organization from which the individual
receives services pursuant to a grant under subsection
(a), the organization shall provide such individual,
within a reasonable period of time after the date of
such objection, with services from an alternative
provider that is accessible to the individual and the
value of which is not less than the value of the
services that the individual would have received from
such organization.
``(B) Individual described.--An individual
described in this subparagraph is an individual who
receives, applies for, or requests to apply for,
services under a program carried out with a grant under
subsection (a).
``(5) Employment practices.--A religious organization's
exemption provided under section 702 of the Civil Rights Act of
1964 regarding employment practices shall not be affected by
its participation in, or receipt of funds from, a program
carried out with a grant under subsection (a).
``(6) Nondiscrimination against beneficiaries.--Except as
otherwise provided in law, a religious organization shall not
discriminate against an individual in regard to providing
services under a grant under subsection (a) on the basis of
religion, a religious belief, or refusal to actively
participate in a religious practice.
``(7) Fiscal accountability.--
``(A) In general.--Except as provided in
subparagraph (B), any religious organization receiving
a grant under subsection (a) shall be subject to the
same regulations as other grantees under such
subsection to account in accord with generally accepted
auditing principles for the expenditure of the grant.
``(B) Limited audit.--If a religious organization
receiving a grant under subsection (a) segregates the
grant funds into separate accounts, then only such
funds shall be subject to audit.
``(8) Compliance.--Any party which seeks to enforce its
rights under this subsection may assert a civil action for
injunctive relief exclusively in an appropriate State court
against the entity or agency that allegedly commits such
violation.
``(9) Preemption.--Nothing in this subsection shall be
construed to preempt any provision of a State constitution or
State statute that prohibits or restricts the expenditure of
State funds in or by religious organizations.
``(10) Limitations on use of funds for certain purposes.--A
grant under subsection (a) may not be expended for sectarian
worship, instruction, or proselytization.
``(d) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $7,000,000
for fiscal year 2000, and such sums as may be necessary for each of the
fiscal years 2001 through 2004.''. | Makes it a condition for receipt of such a grant that the national adoption organization involved agree to make reasonable efforts to ensure that the eligible health centers with respect to which training under the grant is provided include centers that: (1) receive grants relating to voluntary family planning projects; (2) receive grants relating to community health centers, migrant health centers, and centers regarding homeless individuals and residents of public housing; (3) receive grants for the provision of services in schools; and (4) do not perform or make referrals for abortions, or provide or make referrals for counseling that presents abortion as an option.
Directs the Secretary to require programs providing voluntary family planning services with such a grant to provide nondirective counseling and referrals regarding prenatal care and delivery, infant care, foster care, and adoption.
Makes religious organizations eligible for such grants without discrimination and mandates their independence from Federal, State, and local governments, providing certain safeguards to ensure such independence.
Provides the beneficiaries of assistance from religious organizations with certain rights, including the right not to be discriminated against by the religious organization.
Authorizes appropriations. | {"src": "billsum_train", "title": "Adoption Awareness Act of 1999"} | 1,820 | 234 | 0.582323 | 1.666238 | 0.7871 | 4.344037 | 7.93578 | 0.940367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idling Reduction Tax Credit Act of
2004''.
SEC. 2. IDLING REDUCTION TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. IDLING REDUCTION CREDIT.
``(a) General Rule.--For purposes of section 38, the idling
reduction tax credit determined under this section for the taxable year
is an amount equal to 50 percent of the amount paid or incurred for
each qualifying idling reduction device placed in service by the
taxpayer during the taxable year.
``(b) Limitation.--The maximum amount allowed as a credit under
subsection (a) shall not exceed $3,500 per device.
``(c) Definitions.--For purposes of subsection (a)--
``(1) Qualifying idling reduction device.--The term
`qualifying idling reduction device' means any device or system
of devices that--
``(A) is installed on a heavy-duty diesel-powered
on-highway vehicle,
``(B) is designed to provide to such vehicle those
services (such as heat, air conditioning, or
electricity) that would otherwise require the operation
of the main drive engine while the vehicle is
temporarily parked or remains stationary,
``(C) the original use of which commences with the
taxpayer,
``(D) is acquired for use by the taxpayer and not
for resale, and
``(E) is certified by the Secretary of Energy, in
consultation with the Administrator of the
Environmental Protection Agency and the Secretary of
Transportation, to reduce long-duration idling of such
vehicle at a motor vehicle rest stop or other location
where such vehicles are temporarily parked or remain
stationary.
``(2) Heavy-duty diesel-powered on-highway vehicle.--The
term `heavy-duty diesel-powered on-highway vehicle' means any
vehicle, machine, tractor, trailer, or semi-trailer propelled
or drawn by mechanical power and used upon the highways in the
transportation of passengers or property, or any combination
thereof determined by the Federal Highway Administration.
``(3) Long-duration idling.--The term `long-duration
idling' means the operation of a main drive engine, for a
period greater than 15 consecutive minutes, where the main
drive engine is not engaged in gear. Such term does not apply
to routine stoppages associated with traffic movement or
congestion.
``(d) No Double Benefit.--For purposes of this section--
``(1) Reduction in basis.--if a credit is determined under
this section with respect to any property by reason of
expenditures described in subsection (a), the basis of such
property shall be reduced by the amount of the credit so
determined.
``(2) Other deductions and credits.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to the amount of the credit determined under this
section.
``(e) Election not to Claim Credit.--This section shall not apply
to a taxpayer for any taxable year if such taxpayer elects to have this
section not apply for such taxable year.''.
(b) Credit to Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``, plus'' , and
by adding at the end the following new paragraph:
``(16) the idling reduction tax credit determined under
section 45G(a).''.
(c) Conforming Amendments.--
(1) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 45F the following new item:
``Sec. 45G. Idling reduction credit.''.
(2) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (27), by striking the period at
the end of paragraph (28) and inserting ``, and'', and by
adding at the end the following:
``(29) in the case of a facility with respect to which a
credit was allowed under section 45G, to the extent provided in
section 45G(d)(A).''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 3. DETERMINATION OF CERTIFICATION STANDARDS BY SECRETARY OF ENERGY
FOR CERTIFYING IDLING REDUCTION DEVICES.
Not later than 6 months after the date of the enactment of this Act
and in order to reduce air pollution and fuel consumption, the
Secretary of Energy, in consultation with the Administrator of the
Environmental Protection Agency and the Secretary of Transportation,
shall publish the standards under which the Secretary, in consultation
with the Administrator of the Environmental Protection Agency and the
Secretary of Transportation, will, for purposes of section 45G of the
Internal Revenue Code of 1986 (as added by section 2 of this Act),
certify the idling reduction devices which will reduce long-duration
idling of vehicles at motor vehicle rest stops or other locations where
such vehicles are temporarily parked or remain stationary in order to
reduce air pollution and fuel consumption. | Idling Reduction Tax Credit Act of 2004 - Amends the Internal Revenue Code to allow a business tax credit for 50 percent of the cost of a qualifying idling reduction device, up to $3,500. Defines "qualifying idling reduction device" as any device that is: (1) installed on a heavy-duty diesel-powered on-highway vehicle to provide services that would otherwise require the operation of the main drive engine while the vehicle is temporarily parked or stationary; and (2) certified by the Secretary of Energy to reduce long-duration idling. Directs the Secretary to publish standards for certifying such devices. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit for the purchase of idling reduction systems for diesel-powered on-highway vehicles."} | 1,263 | 142 | 0.669845 | 1.800988 | 0.686634 | 3.982906 | 9.666667 | 0.923077 |
SECTION 1. SHORT TITLE.
This section may be cited as the ``Loan Forgiveness for Certified
Teachers Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) effective elementary schools and secondary schools
require competent teachers and strong leadership;
(2) local educational agencies would benefit greatly by
increasing the pool of qualified individuals from which to
recruit teachers;
(3) many talented professionals who have demonstrated a
high level of subject matter knowledge outside the education
profession may wish to pursue careers in education, but have
not fulfilled the requirements to be certified or licensed as
teachers; and
(4) loan forgiveness programs and other programs that
encourage such professionals and other interested persons to
become certified or licensed teachers would allow local
educational agencies to utilize the expertise of such
professionals and interested persons, and improve the pool of
qualified individuals available to local educational agencies.
SEC. 3. PURPOSE.
The purpose of this Act is to improve the supply of well-qualified
elementary school and secondary school teachers by encouraging and
assisting interested persons in completing the teacher certification or
licensing requirements in their States.
SEC. 4. LOAN FORGIVENESS FOR CERTIFIED TEACHERS.
(a) Federal Family Education Loan Forgiveness.--Section 428J of the
Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended--
(1) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1)(A)(i) has been employed as a full-time teacher for 5
consecutive complete school years in a school that qualifies
under section 465(a)(2)(A) for loan cancellation for Perkins
loan recipients who teach in such a school; and
``(ii)(I) if employed as a secondary school teacher, is
teaching a subject that is relevant to the borrower's academic
major, as certified by the chief administrative officer of the
public or nonprofit private secondary school in which the
borrower is employed; and
``(II) if employed as an elementary school teacher, has
demonstrated, as certified by the chief administrative officer
of the public or nonprofit private elementary school in which
the borrower is employed, knowledge and teaching skills in
reading, writing, mathematics, and other areas of the
elementary school curriculum; and
``(B) is not in default on the loan for which the borrower
seeks forgiveness; or
``(2) not later than September 1, 2006--
``(A)(i) has been employed as a full-time teacher
for 5 consecutive complete school years in a school
that qualifies under section 465(a)(2)(A) for loan
cancellation for Perkins loan recipients who teach in
such a school;
``(ii)(I) if employed as a secondary school
teacher, meets the standards described in section
9101(23)(B)(ii) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(23)(B)(ii)); and
``(II) if employed as an elementary school teacher,
meets the standards described in section 9101(23)(B)(i)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(23)(B)(i)); and
``(iii) meets the standards described in section
9101(23)(A) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(23)(A)), or has obtained a
5th year teacher certificate (or the equivalent); and
``(B) is not in default on the loan for which the
borrower seeks forgiveness.'';
(2) in subsection (c)(1)--
(A) by striking ``$5,000'' and inserting ``$5,000
(for a borrower described in subsection (b)(1)) or
$10,000 (for a borrower described in subsection
(b)(2))''; and
(B) by striking ``(b)(1)'' and inserting ``(b)'';
(3) in subsection (g)(1)(A)--
(A) by striking ``Any teacher'' and inserting
``Subject to subsection (j), any teacher''; and
(B) by striking ``subsection (b)(1)(A)'' and
inserting ``paragraph (1)(A)(i) or (2)(A)(i) of
subsection (b)''; and
(4) by adding at the end the following:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2004
through 2006 to carry out loan repayment under this section for
borrowers described in subsection (b)(2).
``(j) Termination of Authority.--The authority provided by
subsection (b)(2) terminates effective October 1, 2006.''.
(b) Direct Student Loan Cancellation.--Section 460 of the Higher
Education Act of 1965 (20 U.S.C. 1087j) is amended--
(1) in subsection (b)(1), by striking subparagraphs (A) and
(B) and inserting the following:
``(A)(i)(I) has been employed as a full-time teacher for 5
consecutive complete school years in a school that qualifies
under section 465(a)(2)(A) for loan cancellation for Perkins
loan recipients who teach in such a school; and
``(II)(aa) if employed as a secondary school teacher, is
teaching a subject that is relevant to the borrower's academic
major, as certified by the chief administrative officer of the
public or nonprofit private secondary school in which the
borrower is employed; and
``(bb) if employed as an elementary school teacher, has
demonstrated, as certified by the chief administrative officer
of the public or nonprofit private elementary school in which
the borrower is employed, knowledge and teaching skills in
reading, writing, mathematics, and other areas of the
elementary school curriculum; and
``(ii) is not in default on the loan for which the borrower
seeks forgiveness; or
``(B) not later than September 1, 2006--
``(i)(I) has been employed as a full-time teacher
for 5 consecutive complete school years in a school
that qualifies under section 465(a)(2)(A) for loan
cancellation for Perkins loan recipients who teach in
such a school;
``(II)(aa) if employed as a secondary school
teacher, meets the standards described in section
9101(23)(B)(ii) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(23)(B)(ii)); and
``(bb) if employed as an elementary school teacher,
meets the standards described in section 9101(23)(B)(i)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(23)(B)(i)); and
``(III) meets the standards described in section
9101(23)(A) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(23)(A)), or has obtained a
5th year teacher certificate (or the equivalent); and
``(ii) is not in default on the loan for which the
borrower seeks forgiveness.'';
(2) in subsection (c)(1)--
(A) by striking ``$5,000'' and inserting ``$5,000
(for a borrower described in subsection (b)(1)(A)) or
$10,000 (for a borrower described in subsection
(b)(1)(B))''; and
(B) by striking ``(b)(1)(A)'' and inserting
``(b)(1)'';
(3) in subsection (g)(1)(A)--
(A) by striking ``Any teacher'' and inserting
``Subject to subsection (j), any teacher''; and
(B) by striking ``subsection (b)(1)(A)'' and
inserting ``subparagraph (A)(i)(I) or (B)(i)(I) of
subsection (b)(1)''; and
(4) by adding at the end the following:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2004
through 2006 to carry out loan repayment under this section for
borrowers described in subsection (b)(1)(B).
``(j) Termination of Authority.--The authority provided by
subsection (b)(1)(B) terminates effective October 1, 2006.''.
(c) No Interference With Existing Provisions.--The Secretary of
Education shall ensure that the implementation of the amendments made
by this section shall not interfere with, and shall be coordinated
with, the implementation of student loan forgiveness provisions
administered by the States and in existence on the date of enactment of
this Act.
SEC. 5. GRANTS TO PROMOTE TEACHER CERTIFICATION AND LICENSING.
Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended by adding at the end the following:
``PART C--PROMOTING TEACHER CERTIFICATION AND LICENSING
``SEC. 231. GRANTS.
``The Secretary may make grants to institutions of higher education
to enable the institutions to carry out programs, projects, and
activities to encourage professionals and other interested persons to
become certified or licensed teachers.
``SEC. 232. APPLICATIONS.
``(a) In General.--An institution of higher education desiring to
receive a grant under this part shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may reasonably require.
``(b) Requirements.--The application shall contain--
``(1) a description of the programs, projects, and
activities to be undertaken by the institution with funds made
available through the grant; and
``(2) such assurances as the Secretary considers to be
necessary, including assurances that--
``(A) funds made available to the institution under
this part will be used to develop appropriate curricula
and support programs for students entering teacher
preparation programs that lead to a teaching
certificate or license; and
``(B) the institution will submit to the Secretary,
at such time as the Secretary may specify, a final
report describing the programs, projects, and
activities carried out with the funds, and the results
achieved through the programs, projects, and
activities.
``(c) Preference.--In awarding grants under this part, the
Secretary shall give preference to an institution that submits an
application containing a plan to develop appropriate curricula and
support programs to address the needs of underserved communities (as
such needs are determined by the State educational agency in the State
in which the institution is located, in conjunction with the
institution).
``SEC. 233. USE OF FUNDS.
``(a) Permitted Uses.--An institution of higher education that
receives a grant under this part may use the funds made available
through the grant for programs, projects, and activities to develop and
implement new, or expand and improve existing, programs that enable
individuals to make progress toward meeting teacher certification or
licensing requirements, including--
``(1) developing appropriate curricula and support programs
for students entering teacher certification or licensing
programs;
``(2) developing recruitment strategies necessary to
encourage more individuals to become certified or licensed
teachers; and
``(3) carrying out other appropriate programs, projects,
and activities designed to meet the objectives of this part.
``(b) Prohibited Uses.--The institution may not use the funds made
available through the grant for construction.
``SEC. 234. NOTIFICATION REQUIREMENT.
``(a) State Educational Agencies and Local Educational Agencies.--
``(1) State educational agencies.--Each institution
receiving a grant under this part shall provide notice of the
programs, projects, and activities funded with such grant to
the State educational agency in the State in which the
institution is located.
``(2) Local educational agencies.--Each State educational
agency receiving the notification described in paragraph (1)
shall transmit the information received in such notification to
the appropriate local educational agencies.
``(b) Students.--Each institution receiving a grant under this part
shall provide notice of the programs, projects, and activities funded
with such grant to the students of such institution.
``SEC. 235. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 2004 through
2008.''. | Loan Forgiveness for Certified Teachers Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to increase from $5,000 to $10,000 the maximum amount of student loan cancellation for certified or licensed teachers who teach for five years at low-income elementary or secondary schools.Establishes a HEA grants program for promoting teacher certification and licensing. Authorizes the Secretary of Education to make such grants to institutions of higher education for programs, projects, and activities to encourage professionals and other interested persons to become certified or licensed teachers. Includes among authorized activities developing curricula and support programs and recruitment strategies. | {"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 to extend loan forgiveness for certain loans to certified or licensed teachers, to provide for grants that promote teacher certification and licensing, and for other purposes."} | 2,832 | 132 | 0.516612 | 1.443478 | 0.653016 | 3.460177 | 21.840708 | 0.876106 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invest in the U.S.A. Act of 2003''.
SEC. 2. TOLL TAX ON EXCESS QUALIFIED FOREIGN DISTRIBUTION AMOUNT.
(a) In General.--Subpart F of part III of subchapter N of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 965. TOLL TAX IMPOSED ON EXCESS QUALIFIED FOREIGN DISTRIBUTION
AMOUNT.
``(a) Toll Tax Imposed on Excess Qualified Foreign Distribution
Amount.--If a corporation elects the application of this section, a tax
shall be imposed on the taxpayer in an amount equal to 5.25 percent
of--
``(1) the taxpayer's excess qualified foreign distribution
amount, and
``(2) the amount determined under section 78 which is
attributable to such excess qualified foreign distribution
amount.
Such tax shall be imposed in lieu of the tax imposed under section 11
or 55 on the amounts described in paragraphs (1) and (2) for such
taxable year.
``(b) Excess Qualified Foreign Distribution Amount.--For purposes
of this section--
``(1) In general.--The term `excess qualified foreign
distribution amount' means the excess (if any) of--
``(A) dividends received by the taxpayer during the
taxable year which are--
``(i) from 1 or more corporations which are
controlled foreign corporations in which the
taxpayer is a United States shareholder on the
date such dividends are paid, and
``(ii) described in a domestic reinvestment
plan approved by the taxpayer's president,
chief executive officer, or comparable official
before the payment of such dividends and
subsequently approved by the taxpayer's board
of directors, management committee, executive
committee, or similar body, which plan shall
provide for the reinvestment of such dividends
in the United States, including as a source for
the funding of worker hiring and training;
infrastructure; research and development;
capital investments; or the financial
stabilization of the corporation for the
purposes of job retention or creation, over
``(B) the base dividend amount.
``(2) Base dividend amount.--The term `base dividend
amount' means an amount designated under subsection (c)(7), but
not less than the average amount of dividends received during
the fixed base period from 1 or more corporations which are
controlled foreign corporations in which the taxpayer is a
United States shareholder on the date such dividends are paid.
``(3) Fixed base period.--
``(A) In general.--The term `fixed base period'
means each of 3 taxable years which are among the 5
most recent taxable years of the taxpayer ending on or
before December 31, 2002, determined by disregarding--
``(i) the 1 taxable year for which the
taxpayer had the highest amount of dividends
from 1 or more corporations which are
controlled foreign corporations relative to the
other 4 taxable years, and
``(ii) the 1 taxable year for which the
taxpayer had the lowest amount of dividends
from such corporations relative to the other 4
taxable years.
``(B) Shorter period.--If the taxpayer has fewer
than 5 taxable years ending on or before December 31,
2002, then in lieu of applying subparagraph (A), the
fixed base period shall mean such shorter period
representing all of the taxable years of the taxpayer
ending on or before December 31, 2002.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Dividends.--The term `dividend' means a dividend as
defined in section 316, except that the term shall also include
amounts described in section 951(a)(1)(B), and shall exclude
amounts described in sections 78 and 959.
``(2) Controlled foreign corporations and united states
shareholders.--The term `controlled foreign corporation' shall
have the same meaning as under section 957(a) and the term
`United States shareholder' shall have the same meaning as
under section 951(b).
``(3) Foreign tax credits.--The amount of any income, war,
profits, or excess profit taxes paid (or deemed paid under
sections 902 and 960) or accrued by the taxpayer with respect
to the excess qualified foreign distribution amount for which a
credit would be allowable under section 901 in the absence of
this section, shall be reduced by 85 percent.
``(4) Foreign tax credit limitation.--For all purposes of
section 904, there shall be disregarded 85 percent of--
``(A) the excess qualified foreign distribution
amount,
``(B) the amount determined under section 78 which
is attributable to such excess qualified foreign
distribution amount, and
``(C) the amounts (including assets, gross income,
and other relevant bases of apportionment) which are
attributable to the excess qualified foreign
distribution amount which would, determined without
regard to this section, be used to apportion the
expenses, losses, and deductions of the taxpayer under
section 861 and 864 in determining its taxable income
from sources without the United States.
For purposes of applying subparagraph (C), the principles of
section 864(e)(3)(A) shall apply.
``(5) Treatment of acquisitions and dispositions.--Rules
similar to the rules of section 41(f)(3) shall apply in the
case of acquisitions or dispositions of controlled foreign
corporations occurring on or after the first day of the
earliest taxable year taken into account in determining the
fixed base period.
``(6) Treatment of consolidated groups.--Members of an
affiliated group of corporations filing a consolidated return
under section 1501 shall be treated as a single taxpayer in
applying the rules of this section.
``(7) Designation of dividends.--Subject to subsection
(b)(2), the taxpayer shall designate the particular dividends
received during the taxable year from 1 or more corporations
which are controlled foreign corporations in which it is a
United States shareholder which are dividends excluded from the
excess qualified foreign distribution amount. The total amount
of such designated dividends shall equal the base dividend
amount.
``(8) Treatment of expenses, losses, and deductions.--Any
expenses, losses, or deductions of the taxpayer allowable under
subchapter B--
``(A) shall not be applied to reduce the amounts
described in subsection (a)(1), and
``(B) shall be applied to reduce other income of
the taxpayer (determined without regard to the amounts
described in subsection (a)(1)).
``(d) Election.--
``(1) In general.--An election under this section shall be
made on the taxpayer's timely filed income tax return for the
taxable year (determined by taking extensions into account)
ending 120 days or more after the date of the enactment of this
section, and, once made, may be revoked only with the consent
of the Secretary.
``(2) All controlled foreign corporations.--The election
shall apply to all corporations which are controlled foreign
corporations in which the taxpayer is a United States
shareholder during the taxable year.
``(3) Consolidated groups.--If a taxpayer is a member of an
affiliated group of corporations filing a consolidated return
under section 1501 for the taxable year, an election under this
section shall be made by the common parent of the affiliated
group which includes the taxpayer, and shall apply to all
members of the affiliated group.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary and appropriate to carry out the purposes of this
section, including regulations under section 55 and regulations
addressing corporations which, during the fixed base period or
thereafter, join or leave an affiliated group of corporations filing a
consolidated return.''.
(b) Conforming Amendment.--The table of sections for subpart F of
part III of subchapter N of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 965. Toll tax imposed on excess
qualified foreign distribution
amount.''.
(c) Effective Date.--The amendments made by this section shall
apply only to the first taxable year of the electing taxpayer ending
120 days or more after the date of the enactment of this Act. | Invest in the U.S.A. Act of 2003 - Amends the Internal Revenue Code to permit a U.S. corporation doing business abroad to elect to have its foreign earnings taxed in the United States for one year at a rate equal to 5.25 percent of the excess qualified foreign distribution and the amount attributable to such corporation as controlled foreign-earned dividends in lieu of being taxed under alternative minimum tax or corporate rates, if dividends received are reinvested in the United States in an approved plan.Limits foreign tax credits with respect to dividends taxed at such 5.25 percent rate. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to encourage the investment of foreign earnings within the United States for productive business investments and job creation."} | 1,860 | 138 | 0.56796 | 1.435621 | 0.621058 | 2.009615 | 16.211538 | 0.759615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``YMCA Teen Action Agenda Enhancement
Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) one in 10 teens, 2,400,000 teens across the Nation, are
currently involved in a program offered by a local YMCA;
(2) recognizing the unique obstacles faced by teenagers,
the YMCA has launched the Teen Action Agenda, a nationwide
campaign to double this number and serve 1 in 5 teens by 2005;
(3) in more than 1,900 YMCAs across the United States in
cities large and small, in neighborhoods rich and poor, teen
groups meet regularly and engage one another in safe,
wholesome, educational, and creative activities;
(4) it is well-documented that teens who participate in
structured activities after school are less likely to drink
alcohol, carry or use weapons, smoke cigarettes, engage in
early sexual activity, or skip school;
(5) YMCAs serve people of all faiths, races, abilities,
ages, and incomes;
(6) approximately 400 YMCAs partner with juvenile courts,
300 partner with public housing developments, 1550 partner with
elementary schools, and 1033 partner with high schools;
(7) the YMCA is volunteer-founded and volunteer-led and
depends on more than 600,000 volunteers to meet the unique
needs of their communities;
(8) the YMCA is especially committed to reaching teens that
are most at-risk for school failure or delinquency; and
(9) the prosperity of our Nation depends upon maximizing
and fulfilling the potential of its young people.
SEC. 3. DEFINITIONS.
In this Act:
(1) Local ymca.--The term ``local YMCA'' means one of the
approximately 2,400 locally incorporated and governed YMCAs in
the United States.
(2) Teen program.--The term ``teen program'' means any
program primarily attended by individuals between the ages of
11 and 19.
(3) YMCA of the usa.--The term ``YMCA of the USA'' means
the private, nonprofit, national membership and service
organization of approximately 2,400 local YMCAs.
SEC. 4. GRANTS TO THE YMCA OF THE USA.
(a) Purposes.--Subject to the availability of appropriations, the
Attorney General shall award a grant to the YMCA of the USA for the
purpose of carrying out YMCA programs for at-risk teens in accordance
with the provisions of this Act.
(b) Subgrants.--From amounts awarded under subsection (a), the YMCA
of the USA shall make subgrants to local YMCAs authorizing expenditures
associated with providing programs, including the hiring of teachers
and other personnel, procurement of goods and services (including
computer equipment), or such other expenditures as are approved by the
Attorney General.
SEC. 5. USE OF FUNDS.
(a) In General.--
(1) Programs for at-risk teens.--Amounts granted under this
Act shall be used by the YMCA of the USA to provide funding to
carry out YMCA programs that have a primary purpose of serving
teens who are determined to be at-risk for school failure or
delinquency.
(2) Program requirements.--Each program for which
assistance is provided under this Act shall include at least 3
of the following different activities:
(A) Mentoring assistance.
(B) Academic assistance.
(C) Recreational, fitness, and athletic activities.
(D) Technology training.
(E) Drug, alcohol, and gang prevention.
(F) Job and life skills.
(G) Character development and values education.
(H) Leadership development.
(I) Truancy and dropout prevention.
(J) Civic education.
(K) Volunteerism and service learning.
(L) Parenting skills.
(M) Literary, performing, and visual arts.
(N) Mental health services.
(O) Alternative education.
(P) Any research-based activity shown to have a
positive impact on the academic and social outcomes of
teens.
(b) Additional Requirements.--In carrying out the programs under
subsection (a), a local YMCA shall, to the maximum extent practicable--
(1) use volunteers from businesses, academic communities,
social organizations, and law enforcement organizations to
serve as mentors or to assist in other ways;
(2) develop creative methods of conducting outreach to
teens in the community;
(3) request donations of computer equipment and other
materials and equipment; and
(4) work with State and local educational and recreation
agencies so that activities funded with amounts made available
under a grant under this Act will not duplicate activities
funded from other sources in the community served.
(c) Funding for Program Administration.--Of the amounts granted to
the YMCA of the USA under this Act in each fiscal year, the YMCA of the
USA shall use--
(1) not less than 2 percent for research and evaluation of
the subgrants made under this Act;
(2) not less than 1 percent for technical assistance
related to the subgrants awarded under this Act; and
(3) not more than 6 percent for the management and
administration of the subgrants made under this Act.
SEC. 6. APPLICATIONS FOR SUBGRANTS.
(a) Eligibility.--To be eligible to receive a subgrant under this
Act, an applicant shall submit an application to the YMCA of the USA.
(b) Contents.--Each application submitted shall include--
(1) a request for a subgrant to be used for the purposes of
this Act;
(2) a description of the population to be served by the
subgrant and information demonstrating that this population is
at-risk for school failure or delinquency;
(3) a description of the program to be expanded or
established by the subgrant;
(4) information demonstrating the manner in which the local
YMCA will carry out the planning, establishment,
implementation, sustainability, and evaluation of the program
funded by the subgrant;
(5) information demonstrating that there are non-Federal
contributions (which may be in the form of an in-kind
contribution of goods or services) available to cover at least
50 percent of the total cost of the project; and
(6) any additional statistical or financial information
that the YMCA of the USA may reasonably require.
(c) Consideration of Subgrants.--In awarding subgrants under this
Act, the YMCA of the USA shall consider--
(1) the ability of the applicant to provide the intended
services;
(2) the history and establishment of the applicant in
providing teen activities; and
(3) efforts to achieve an equitable geographic distribution
of subgrant awards.
SEC. 7. REPORT.
For each fiscal year for which a grant is awarded under this Act,
the YMCA of the USA shall submit to the Attorney General a report that
details the progress and effectiveness of the YMCA programs in reaching
measurable outcomes.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $20,000,000 for each of fiscal years 2002 through 2006.
(b) Continued Availability.--Amounts made available to carry out
this Act shall remain available until expended. | YMCA Teen Action Agenda Enhancement of 2001 - Directs the Attorney General to award a grant to the YMCA of the USA to make subgrants to local YMCAs for programs for at-risk teens which include specified types of activities. | {"src": "billsum_train", "title": "A bill to improve academic and social outcomes for teenage youth."} | 1,613 | 60 | 0.587462 | 1.573717 | 0.579152 | 4.547619 | 35.02381 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Technology Protection
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the Federal Government should
prioritize the investigation of terrorist and illicit use of new
financial technology, including digital currencies.
SEC. 3. INDEPENDENT FINANCIAL TECHNOLOGY TASK FORCE.
(a) Establishment.--There is established the Independent Financial
Technology Task Force (the ``Task Force''), which shall consist of--
(1) the Secretary of the Treasury, who shall serve as the
head of the Task Force;
(2) the Attorney General;
(3) the Director of the Central Intelligence Agency;
(4) the Director of the Financial Crimes Enforcement
Network;
(5) the Director of the Secret Service;
(6) the Director of the Federal Bureau of Investigation;
and
(7) 6 individuals appointed by the Secretary of the
Treasury to represent the private sector (including the banking
industry, nonprofit groups, and think tanks), with at least 1
of such individuals having experience in the Fintech industry.
(b) Duties.--The Task Force shall--
(1) conduct independent research on terrorist and illicit
use of new financial technologies, including digital
currencies; and
(2) develop legislative and regulatory proposals to improve
counter-terrorist and counter-illicit financing efforts.
(c) Annual Congressional Report.--Not later than 1 year after the
date of the enactment of this Act, and annually thereafter, the Task
Force shall issue a report to the Congress containing the findings and
determinations made by the Task Force in the previous year and any
legislative and regulatory proposals developed by the Task Force.
SEC. 4. REWARDS FOR INFORMATION RELATED TO TERRORIST USE OF DIGITAL
CURRENCIES.
(a) In General.--The Secretary of the Treasury, in consultation
with the Attorney General, shall establish a fund to pay a reward, not
to exceed $450,000, to any person who provides information leading to
the conviction of an individual involved with terrorist use of digital
currencies.
(b) Use of Fines and Forfeitures.--With respect to fines and
forfeitures related to the conviction of an individual involved with
terrorist use of digital currencies, the Secretary of the Treasury
shall, subject to the availability of appropriations made in advance--
(1) use such amounts to pay rewards under this section
related to such conviction; and
(2) with respect to any such amounts remaining after
payments are made under paragraphs (1) and (2), deposit such
amounts in the FinTech Leadership in Innovation Program.
SEC. 5. FINTECH LEADERSHIP IN INNOVATION PROGRAM.
(a) Establishment.--There is established a program to be known as
the ``FinTech Leadership in Innovation Program'', which shall be funded
as provided under section 4(b)(2).
(b) Innovation Grants.--
(1) In general.--The Secretary of the Treasury shall make
grants for the development of tools and programs to detect
terrorist and illicit use of digital currencies.
(2) Eligible recipients.--The Secretary may make grants
under this subsection to entities located in the United States,
including academic institutions, companies, nonprofit
institutions, individuals, and any other entities locating in
the United States that the Secretary determines appropriate.
(3) Eligible projects.--With respect to tools and programs
described under paragraph (1), in addition to grants for the
development of such tools and programs, the Secretary may make
grants under this subsection to carry out pilot programs using
such tools, the development of test cases using such tools, and
research related to such tools.
(4) Preferences.--In making grants under this subsection,
the Secretary shall give preference to--
(A) technology that is nonproprietary or that is
community commons-based;
(B) computer code that is developed and released on
an open source basis;
(C) tools that are proactive (such as meeting
regulatory requirements under ``know your customer''
and anti-money laundering requirements for any entity
that has to comply with U.S. Government regulations)
vs. reactive (such as aiding law enforcement
organizations in catching illegal activity after the
fact); and
(D) tools and incentives that are on decentralized
platforms.
(5) Other requirements.--
(A) Use of existing global standards.--Any new
technology developed with a grant made under this
subsection shall be based on existing global standards,
such as those developed by the Internet Engineering
Task Force (IETF) and the World Wide Web Consortium
(W3C).
(B) Supporting existing laws or regulations.--Tools
and programs developed with a grant made under this
subsection shall be in support of existing laws or
regulations, including the Bank Secrecy Act, and make
efforts to balance privacy and anti-money laundering
concerns.
(C) Open access requirement.--Tools and programs
developed with a grant made under this subsection shall
be freely accessible and usable by the public. This
requirement may be fulfilled by publicly availing
application programming interfaces or software
development kits.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Bank secrecy act.--The term ``Bank Secrecy Act''
means--
(A) section 21 of the Federal Deposit Insurance
Act;
(B) chapter 2 of title I of Public Law 91-508; and
(C) subchapter II of chapter 53 of title 31, United
States Code.
(2) Digital currency.--The term ``digital currency''--
(A) means a digital representation of value that--
(i) is used as a medium of exchange, unit
of account, or store of value; and
(ii) is not established legal tender,
whether or not denominated in established legal
tender; and
(B) does not include--
(i) a transaction in which a merchant
grants, as part of an affinity or rewards
program, value that cannot be taken from or
exchanged with the merchant for legal tender,
bank credit, or digital currency; or
(ii) a digital representation of value
issued by or on behalf of a publisher and used
solely within an online game, game platform, or
family of games sold by the same publisher or
offered on the same game platform.
(3) Terrorist.--The term ``terrorist'' includes a person
carrying out domestic terrorism or international terrorism (as
such terms are defined, respectively, under section 2331 of
title 18, United States Code).
Passed the House of Representatives September 26, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Financial Technology Protection Act This bill provides for the investigation of new financial technologies (e.g., digital currencies) and their use in terrorism and other illicit activities. (Sec. 3) The bill establishes the Independent Financial Technology Task Force, which must research terrorist and illicit use of new financial technologies and issue an annual report. (Sec. 4) The bill directs the Department of the Treasury to provide a reward for a person who provides information leading to the conviction of an individual involved with terrorist use of digital currencies. (Sec. 5) The bill establishes the FinTech Leadership in Innovation Program to support the development of tools and programs to detect terrorist and illicit use of digital currencies. | {"src": "billsum_train", "title": "Financial Technology Protection Act"} | 1,431 | 151 | 0.638921 | 1.838286 | 0.764389 | 3.625 | 9.904412 | 0.875 |
That this Act may be
cited as the ``Federal Employees' Benefits Equity Act of 2001''.
civil service retirement system
Sec. 2. (a) Section 8339 of title 5, United States Code, is
amended--
(1) in subsection (d)(1)--
(A) by striking ``(d)(1)'' and inserting
``(d)(1)(A)'';
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively; and
(C) by adding at the end the following new
subparagraph:
``(B) If, at any age and after completing 20 years
of service as a law enforcement officer, firefighter,
nuclear materials courier, or member of the Supreme
Court Police, or any combination of such service
totaling at least 20 years, an employee retires under
section 8336(d)(1), or 8337, the annuity of such
employee shall be computed under subparagraph (A).'';
(2) in subsection (e)--
(A) by striking ``(e)'' and inserting ``(e)(1)'';
and
(B) by adding at the end the following new
paragraph:
``(2) If, at any age and after completing 20 years of
service as an air traffic controller, an employee retires under
section 8336(d)(1) or 8337, paragraph (1) shall be applied in
computing the annuity of such employee.''; and
(3) in subsection (q)--
(A) by striking ``(q)'' and inserting ``(q)(1)'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(C) by adding at the end the following new
paragraph:
``(2) If, at any age and after completing 20 years of
service as a member of the Capitol Police or as a law
enforcement officer (or any combination of such service
totaling at least 20 years), a member or former member of the
Capitol Police retires under section 8336(d)(1) or 8337, the
annuity of such member or former member shall be computed under
paragraph (1).''.
(b) Section 8341(d) of title 5, United States Code, is amended--
(1) by inserting the following immediately after the first
sentence: ``For purposes of the preceding sentence, subsections
(b)-(e), (q) and (r) of section 8339 shall be considered as
applying with respect to the employee or Member only if the
employee or Member satisfied the age and service requirements
for application of such subsections to the employee or Member
at the date of death. For this purpose, the decedent shall be
deemed to have been disabled for purposes of retirement under
section 8337 at the time of death.''; and
(2) by striking ``Notwithstanding the preceding sentence''
and inserting ``Notwithstanding the first sentence of this
subsection''.
(c) Section 8342 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(k) When an employee--
``(1) has service as a law enforcement officer,
firefighter, nuclear materials courier, or member of the
Capitol Police or Supreme Court Police for which retirement
deductions were withheld under section 8334(a) or deposited
under section 8334(c) at a higher percentage rate than that
applicable to employees generally; and
``(2)(A) begins to receive an annuity which is not computed
under section 8339(d) or (q) and, in the case of a member or
former member of the Capitol Police, also does not have his or
her service as a member of the Capitol Police credited in the
computation of an annuity under section 8339(b) or (c); or
``(B) dies before retiring under this subchapter but leaves
a survivor entitled to an annuity under section 8341 based on
the deceased employee's service, provided that--
``(i) such survivor annuity is not based on an
employee annuity computed under section 8339(d) or (q);
and
``(ii) where the decedent was a member or former
member of the Capitol Police, such survivor annuity is
not based on an annuity computed under section 8339(b)
or (c) which includes credit for service as a member of
the Capitol Police--
the difference between the employee deductions for such service
at the higher percentage rate and the employee deductions that
would have been withheld at the rate applicable to employees
generally under section 8334(a)(1), together with interest
computed in accordance with paragraphs (2) and (3) of section
8334(e) and applicable regulations prescribed by the Office,
shall be paid to the annuitant or, in the case of a deceased
employee, to the individual entitled to a lump-sum benefit
under subsection (c).''.
federal employees' retirement system
Sec. 3. (a) Section 8415(d) of title 5, United States Code, is
amended to read as follows:
``(d)(1) The annuity of an employee retiring under subsection (d)
or (e) of section 8412 or under subsection (a), (b), (c), or (d) of
section 8425 is--
``(A) 1\7/10\ percent of that individual's average pay
multiplied by so much of such individual's total service as a
law enforcement officer, firefighter, member of the Capitol
Police or Supreme Court Police, nuclear materials courier, or
air traffic controller as does not exceed 20 years; plus
``(B) 1 percent of that individual's average pay multiplied
by the remainder of such individual's total service.
``(2) If, at any age and after completing 20 years of service as a
law enforcement officer, firefighter, member of the Capitol Police or
Supreme Court Police, or nuclear materials courier, or any combination
of such service totaling at least 20 years, an employee retires under
section 8414(b)(1)(A) or 8451, the annuity of such employee shall be
computed under paragraph (1).
``(3) If, at any age and after completing 20 years of service as an
air traffic controller, an employee retires under section 8414(b)(1)(A)
or 8451, the annuity of such employee shall be computed under paragraph
(1).''.
(b) Section 8424 of title 5, United States Code, is amended by
adding at the end of the following new subsection:
``(i) When an employee--
``(1) has service as a law enforcement officer,
firefighter, member of the Capitol Police or Supreme Court
Police, air traffic controller, or nuclear materials courier
for which retirement deductions were withheld under section
8422(a) at a higher percentage rate than that applicable to
employees generally; and
``(2)(A) begins to receive an annuity which is not computed
under section 8415(d) and, in the case of a member or former
member of the Capitol Police, also does not have his or her
service as a member of the Capitol Police credited in the
computation of an annuity under section 8415(b) or (c); or
``(B) dies before having retired under this chapter but
leaves a survivor entitled to an annuity under subchapter IV
based on the deceased employee's service, provided that--
``(i) such survivor annuity is not based on an
employee annuity computed under section 8415(d); and
``(ii) where the decedent was a member or former
member of the Capitol Police, such survivor annuity is
not based on an annuity computed under section 8415(b)
or (c) which includes service as a member of the
Capitol Police--
the difference between the employee deductions for such service
at the higher percentage rate and the employee deductions that
would have been withheld at the rate applicable to employees
generally under section 8422(a)(2), together with interest
computed in accordance with paragraphs (2) and (3) of section
8334(e) and applicable regulations prescribed by the Office,
shall be paid to the annuitant or, in the case of a deceased
employee, to the individual entitled to a lump-sum benefit
under subsection (d).''.
(c) Section 8442 of title 5, United States Code, is amended--
(1) in subsection (b)(1) by adding at the end the
following:
``For purposes of the preceding sentence, section 8415(b)-(d) and (g)
shall be considered as applying with respect to the employee or Member
only if the employee or Member satisfied the age and service
requirements for application of such subsections to the employee or
Member at the date of death. For this purpose, the decedent shall be
deemed to have been disabled for purposes of retirement under section
8451 at the time of death.''; and
(2) in subsection (c)(2)(A)(i) by striking ``section 8415''
and inserting ``section 8415, but without regard to subsection
(d) of such section,''.
effective date
Sec. 4. The amendments made by this Act shall take effect on the
date of enactment of this Act and shall apply only with respect to
individuals who, on or after such date of enactment, separate from
employment subject to subchapter III of chapter 83, or chapter 84, of
title 5, United States Code. | Federal Employees' Benefits Equity Act of 2001 - Sets forth provisions governing the computation of annuities under the Civil Service Retirement System and the Federal Employees' Retirement System for certain law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Supreme Court Police and the Capitol Police, and their survivors. | {"src": "billsum_train", "title": "To eliminate certain inequities in the Civil Service Retirement System and the Federal Employees' Retirement System with respect to the computation of benefits for law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Supreme Court and Capitol police, and their survivors, and for other purposes."} | 2,148 | 72 | 0.502786 | 1.298174 | 0.639367 | 2.786885 | 31.934426 | 0.786885 |
SECTION 1. FINDINGS.
The Congress finds that:
(1) A confluence of technologies has made or soon will make
possible the delivery of or access to a wide range of
information and informational services, including educational
and research data, to our homes, schools and communities.
(2) Interactive, multimedia programs offer special
opportunities for both formal and informal education and
learning, particularly in science, mathematics, geography,
languages, and multidisciplinary areas.
(3) Such information and services can improve productivity,
provide individuals new choices for their lives and improve the
quality of their lives.
(4) Such information and services should be available to
all Americans.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide for the creation of a
system of State-based electronic libraries which--
(1) provide delivery of or access to a vast array of
interactive, multimedia educational programs, research and
informational data and services, and networking opportunities;
(2) seek to make these materials available to all Americans
through public libraries, electronic databases and
telecommunications systems such as the Internet or other
publicly available networks, which reach into the home, school,
and community; and
(3) provide robust and reliable computer program support
services for search and retrieval, including, but not limited
to, tools for intelligent querying, aids in formulating search
strategies, indexes and inventories of available resources and
mechanisms to guide the user, and which make provision for
education and training programs in the use of the electronic
library resources.
SEC. 3. AUTHORIZATION.
The National Science Foundation, in consultation with the
Department of Education, the Department of Commerce, the Defense
Advanced Research Projects Agency, and the Library of Congress, is
authorized to make multiyear grants to States to develop electronic
libraries. These libraries shall provide delivery of and access to a
variety of databases, computer programs and interactive multimedia
presentations, including educational materials, research information,
statistics and reports developed by Federal, State and local
governments and other information and informational services which can
be carried over the Internet and similar networks, including the
advanced capabilities of the National Research and Education Network
when they become available.
SEC. 4. CRITERIA.
In order to qualify for a grant, a State shall:
(1) Establish a statewide committee consisting of
representatives of the educational, library, information,
telecommunications, governmental and business communities, and
the public at large to develop and implement the plan described
in paragraph (2). Members of such committee shall be appointed
by the Governor, or the Governor's designee.
(2) Develop a statewide plan for a network accessible
electronic library capable of producing, obtaining, storing,
retrieving and disseminating data and interactive multimedia
programs, information and informational services; provide for
widespread access to such library, including access from the
school and home; publicize the existence of such a library; and
develop user friendly instructional programs on how to access
and use the library. The plan shall provide for--
(A) hardware and software for demonstration and use
purposes. Such hardware and software shall include but
not be limited to computer-based servers and work
stations, CD-ROMS, network access, including
terrestrial and satellite access, computer programs for
search and retrieval and other computer hardware,
software and networking technologies, as appropriate.
Such technologies shall, to the extent possible, adhere
to standards which promote open architecture and
interoperability;
(B) software and programs, which identify and
provide access to a broad range of materials, including
but not limited to--
(i) multimedia educational programs which
are commercially available;
(ii) information developed by Federal
departments and agencies, especially
information developed for digitalized libraries
and available electronically;
(iii) information developed by State and
local governments, which is or can easily be
made available electronically; and
(iv) information developed by colleges,
universities, libraries and other research and
educational institutions which is available
electronically;
(C) networking, including but not limited to--
(i) connectivity to the Internet and other
information services, including the National
Research and Education Network when it becomes
available;
(ii) dial-in access; and
(iii) access to other advanced means of
accessing materials in the library from the
home, school and community, at least on a pilot
basis;
(D) programs to facilitate the production of
computer graphics, software programs, and customized
materials for use in the classroom, to be made
available to representatives of libraries and
educational institutions;
(E) access to bibliographic information and other
information available electronically such as that
contained in the Library of Congress, and colleges and
universities throughout the country;
(F) databases of information on services available
at the State or local level of government, including
relevant material on how and where to apply for such
services;
(G) coordination with and, where feasible, linkage
to other similar systems within the State and, when
available, those developed under the high performance
computing and communications initiative;
(H) an education and training program designed to
assist people in comprehending and utilizing the
technology effectively and locating electronic
information resources; and
(I) innovative or experimental efforts designed to
advance networking of electronic information resources
and public access to them.
(3) Commit to participate with National Science Foundation
designated coordination mechanisms as necessary to ensure
efficient interoperability with other State systems. The
National Science Foundation, in designating such mechanisms,
shall consult with the Department of Commerce, the Defense
Advanced Research Projects Agency and the Department of
Education.
(4) Provide matching funds, in cash or in kind, from State
or private sources equal to at least 30 percent of the total
grant cost.
SEC. 5. ELIGIBILITY.
States which meet the criteria in section 4 shall be eligible to
apply for grants under this Act.
SEC. 6. TRANSFER OF FUNDS.
The National Science Foundation under section 1501 of title 31,
United States Code, is authorized to transfer funds on a reimbursable
basis to other agencies of the Federal Government which can effectively
participate in this effort.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act, there are authorized for fiscal year 1994,
$10,000,000; for fiscal year 1995, $25,000,000; for fiscal year 1996,
and each fiscal year thereafter, such sums as may be necessary. | Authorizes the National Science Foundation to make grants to States to develop electronic libraries. | {"src": "billsum_train", "title": "A bill to establish a system of State-based electronic libraries, and for other purposes."} | 1,313 | 18 | 0.499802 | 1.192597 | 0.038243 | 4 | 90.2 | 0.933333 |
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