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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Outreach Improvement Act of
2009''.
SEC. 2. DEFINITION OF OUTREACH.
Section 101 of title 38, United States Code, is amended by adding
at the end the following new paragraph:
``(34) The term `outreach' means the act or process of
reaching out in a systematic manner to proactively provide
information, services, and benefits counseling to veterans, and
to the spouses, children, and parents of veterans who may be
eligible to receive benefits under the laws administered by the
Secretary, to ensure that such individuals are fully informed
about, and assisted in applying for, any benefits and programs
under such laws.''.
SEC. 3. AUTHORITIES AND REQUIREMENTS FOR ENHANCEMENT OF OUTREACH OF
ACTIVITIES DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 5 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER IV--OUTREACH
``Sec. 561. Outreach activities: Funding
``(a) Separate Account for Outreach Activities.--The Secretary
shall establish a separate account for the funding of the outreach
activities of the Department, and shall establish within such account a
separate subaccount for the funding of the outreach activities of each
element of the Department specified in subsection (c).
``(b) Separate Statement of Amount for Outreach Activities.--In the
budget justification materials submitted to Congress in support of the
Department budget for any fiscal year (as submitted with the budget of
the President under section 1105(a) of title 31), the Secretary shall
include a separate statement of the amount requested for such fiscal
year for activities as follows:
``(1) For outreach activities of the Department in
aggregate.
``(2) For outreach activities of each element of the
Department specified in subsection (c).
``(c) Elements Specified.--The elements of the Department specified
in this subsection are as follows:
``(1) The Veterans Health Administration.
``(2) The Veterans Benefits Administration.
``(3) The National Cemetery Administration.
``Sec. 562. Outreach activities: Coordination of activities within
Department
``(a) Coordination.--The Secretary shall establish and maintain
procedures for ensuring the effective coordination of the outreach
activities of the Department between and among the following:
``(1) The Office of the Secretary.
``(2) The Office of Public Affairs.
``(3) The Veterans Health Administration.
``(4) The Veterans Benefits Administration.
``(5) The National Cemetery Administration.
``(b) Review and Modification of Procedures.--The Secretary shall--
``(1) periodically review the procedures maintained under
subsection (a) for the purpose of ensuring that such procedures
meet the requirement in that subsection; and
``(2) make such modifications to such procedures as the
Secretary considers appropriate in light of such review in
order to better achieve that purpose.
``Sec. 563. Outreach activities: Cooperative activities with States;
grants to States for improvement of outreach
``(a) Purpose.--It is the purpose of this section to assist States
in carrying out programs that offer a high probability of improving
outreach and assistance to veterans, and to the spouses, children, and
parents of veterans who may be eligible to receive veterans' or
veterans-related benefits, to ensure that such individuals are fully
informed about, and assisted in applying for, any veterans and
veterans-related benefits and programs (including under State veterans
programs).
``(b) Proximity to Veteran Populations.--The Secretary shall ensure
that outreach and assistance is provided under programs referred to in
subsection (a) in locations proximate to populations of veterans and
other individuals referred to in that subsection, as determined
utilizing criteria for determining the proximity of such populations to
veterans health care services.
``(c) Cooperative Agreements and Arrangements.--The Secretary may
enter into cooperative agreements and arrangements with veterans
agencies of the States in order to carry out, coordinate, improve, or
otherwise enhance outreach by the Department and the States (including
outreach with respect to State veterans' programs).
``(d) Grants to State Agencies.--(1) The Secretary may award grants
to veterans agencies of States in order to achieve purposes as follows:
``(A) To carry out, coordinate, improve, or otherwise
enhance outreach, including activities pursuant to cooperative
agreements and arrangements under subsection (c).
``(B) To carry out, coordinate, improve, or otherwise
enhance activities to assist in the development and submittal
of claims for veterans' and veterans-related benefits,
including activities pursuant to cooperative agreements and
arrangements under subsection (c).
``(2) A veterans agency of a State receiving a grant under this
subsection may use the grant amount for purposes described in paragraph
(1) or award all or any portion of such grant amount to local
governments in such State, other public entities in such State, or
private nonprofit organizations in such State for such purposes.
``(e) Availability of Appropriations.--Amounts available for the
Department for outreach in the account under section 561 of this title
shall be available for activities under this section, including grants
under subsection (d).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title is amended by adding at the end the following
new items:
``subchapter iv--outreach
``561. Outreach activities: Funding.
``562. Outreach activities: Coordination of activities within
Department.
``563. Outreach activities: Cooperative activities with States; grants
to States for improvement of outreach.''. | Veterans Outreach Improvement Act of 2009 - Directs the Secretary of Veterans to establish a separate account for the funding of outreach activities of the Department of Veterans Affairs (VA) and a separate subaccount for the funding of outreach activities of the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Directs the Secretary to establish and maintain procedures for ensuring the effective coordination of VA outreach activities between and among such elements, the Office of the Secretary, and the Office of Public Affairs. Authorizes the Secretary to award grants to state veterans agencies to carry out, coordinate, and improve outreach by the VA and the states. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve the outreach activities of the Department of Veterans Affairs, and for other purposes."} | 1,257 | 134 | 0.698657 | 1.647781 | 0.594345 | 3.694215 | 9.92562 | 0.950413 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumers' Home Improvement
Protection Act''.
SEC. 2. PREVENTING FRAUD IN REHABILITATION LOAN PROGRAM.
Section 203(k) of the National Housing Act (12 U.S.C. 1709(k)) is
amended by adding at the end the following new paragraph:
``(7) Prevention of fraud.--To prevent fraud under the program for
loan insurance authorized under this subsection, the Secretary shall,
by regulation, take the following actions:
``(A) Prohibition of identity of interest.--The Secretary
shall prohibit any identity-of-interest, as such term is
defined by the Secretary, between any of the following parties
involved in a loan insured under this subsection: the borrower
(including, in the case of a borrower that is a nonprofit
organization, any member of the board of directors or the staff
of the organization), the lender, any consultant, any real
estate agent, any property inspector, and any appraiser.
``(B) Nonprofit participation.--The Secretary shall
establish minimum standards for a nonprofit organization to
participate in the program, which shall include--
``(i) requiring such an organization to disclose to
the Secretary its taxpayer identification number and
evidence sufficient to indicate that the organization
is an organization described in section 501(c) of the
Internal Revenue Code of 1986 that is exempt from
taxation under subtitle A of such Code;
``(ii) requiring that the board of directors of
such an organization be comprised only of individuals
who do not receive any compensation or other thing of
value by reason of their service on the board and who
have no personal financial interest in the
rehabilitation project of the organization that is
financed with the loan insured under this subsection;
``(iii) requiring such an organization to submit to
the Secretary financial statements of the organization
for the most recent 2 years, which have been prepared
by a party that is unaffiliated with the organization;
``(iv) limiting to 10 the number of loans that are
insured under this subsection, made to any single such
organization, and, at any one time, have an outstanding
balance of principal or interest, except that the
Secretary may increase such numerical limitation on a
case-by-case basis for good cause shown;
``(v) requiring such an organization to post a
completion insurance bond in such amount as the
Secretary determines appropriate as a condition of
obtaining insurance under this subsection; and
``(vi) requiring such an organization to have been
certified by the Secretary as meeting the requirements
under this subsection and otherwise eligible to
participate in the program not more than 2 years before
obtaining a loan insured under this section.
``(C) Completion of work.--The Secretary shall prohibit any
lender making a loan insured under this subsection from
disbursing the final payment of loan proceeds unless the lender
has received affirmation, from the borrower under the loan,
both in writing and pursuant to an interview in person or over
the telephone, that the rehabilitation activities financed by
the loan have been satisfactorily completed.
``(D) Consultant certification.--The Secretary shall
require that any consultant, as such term is defined by the
Secretary, that is involved in a home inspection, site visit,
or preparation of bids with respect to any loan insured under
this section shall have been certified by the Secretary as
adequately trained and competent to provide such service not
more than 2 years before conducting any such activity. The
Secretary shall establish a training and certification process
to carry out this subparagraph.
``(E) Contractor qualification.--The Secretary shall
require, in the case of any loan that is insured under this
subsection and involves rehabilitation with a value of $25,000
or more, that the contractor or other person performing or
supervising the rehabilitation activities financed by the loan
shall--
``(i) be certified by a nationally recognized
organization as meeting industry standards for
financial soundness, quality of workmanship, training,
and continuing education;
``(ii) be licensed to conduct such activities by
the State or unit of general local government in which
the rehabilitation activities are being completed; or
``(iii) be bonded in such amount as the Secretary
shall require.''.
SEC. 3. REPORT ON ACTIVITY OF NONPROFIT ORGANIZATIONS UNDER
REHABILITATION LOAN PROGRAM.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Housing and Urban Development shall submit a report to
the Congress regarding the participation of nonprofit organizations
under the rehabilitation loan program under section 203(k) of the
National Housing Act (12 U.S.C. 1709(k)). The report shall--
(1) determine and describe the extent of participation in
the program by such organizations;
(2) analyze the impact, on such organizations and the
program, of prohibiting such organizations from participating
in the program; and
(3) identify other opportunities for such organizations to
acquire financing or credit enhancement for rehabilitation
activities.
SEC. 4. REGULATIONS.
The Secretary of Housing and Urban Development shall issue final
regulations and any other administrative orders or notices necessary to
carry out the provisions of this Act and the amendments made by this
Act not later than 120 days after the date of the enactment of this
Act. | Directs the Secretary report on nonprofit organization program participation. | {"src": "billsum_train", "title": "Consumers' Home Improvement Protection Act"} | 1,158 | 12 | 0.426649 | 1.016291 | -0.419347 | 1.5 | 109.5 | 0.9 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Accountability in
Enforcing Immigration Laws Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ILLEGAL IMMIGRATION
Sec. 101. Making illegal immigration a felony.
Sec. 102. Detention of illegal aliens.
Sec. 103. State and local law enforcement bonuses.
Sec. 104. Employment investigations and restrictions for airport
workers.
Sec. 105. Terrorist watchlist and immigration status review for high-
risk critical infrastructure.
Sec. 106. Declaration of Congress regarding rapes along the border with
Mexico.
TITLE II--ENFORCEMENT
Sec. 201. Federal affirmation of assistance in the immigration law
enforcement by States and political
subdivisions of States.
Sec. 202. Training of State and local law enforcement personnel
relating to the enforcement of immigration
laws.
Sec. 203. Financial assistance to State and local police agencies that
assist in the enforcement of immigration
laws.
Sec. 204. Institutional removal program (IRP).
Sec. 205. State criminal alien assistance program (SCAAP).
Sec. 206. State authorization for assistance in the enforcement of
immigration laws encouraged.
Sec. 207. Listing of immigration violators in the National Crime
Information Center database.
TITLE I--ILLEGAL IMMIGRATION
SEC. 101. MAKING ILLEGAL IMMIGRATION A FELONY.
Section 275(a) of the Immigration and Nationality Act (8 U.S.C.
1325(a)) is amended by striking ``or imprisoned not more than 6 months,
or both, and, for a subsequent commission of any such offense, be fined
under title 18, United States Code''.
SEC. 102. DETENTION OF ILLEGAL ALIENS.
(a) In General.--The Commissioner of United State Immigration and
Customs Enforcement shall provide--
(1) for the detention of all aliens unlawfully present in
the United States who are apprehended by State or local law
enforcement officers; and
(2) in the case of a State or local government the law
enforcement agency of which detains such an alien, for the
payment to such government of the per diem rate to detain such
alien from the time of notification to United States
Immigration and Customs Enforcement by such government of such
detention until such alien is removed from such detention.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out subsection (a).
SEC. 103. STATE AND LOCAL LAW ENFORCEMENT BONUSES.
The Secretary of Homeland Security is authorized, under the program
carried out under section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)), to pay bonuses to State and local law enforcement
agencies for assistance in enforcing immigration laws.
SEC. 104. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS FOR AIRPORT
WORKERS.
Section 44936(a)(1) of title 49, United States Code, is amended in
subparagraphs (A) and (B)--
(1) by inserting ``, immigration status check,'' after
``criminal history record check''; and
(2) by inserting ``on an annual basis'' after ``be
conducted''.
SEC. 105. TERRORIST WATCHLIST AND IMMIGRATION STATUS REVIEW FOR HIGH-
RISK CRITICAL INFRASTRUCTURE.
There are authorized to be appropriated to the Secretary of
Homeland Security such sums as may be necessary for the Secretary to
require, as a condition of receipt of a grant under the Buffer Zone
Protection Program for a Tier I or Tier II critical infrastructure
site, that the owner and operator of the site conduct checks of their
employees whose functions affect the security of the site against
available terrorist watchlists and immigration status databases.
SEC. 106. DECLARATION OF CONGRESS REGARDING RAPES ALONG THE BORDER WITH
MEXICO.
Congress condemns rapes by smugglers along the international land
border of the United States and urges in the strongest possible terms
the Government of Mexico to work in coordination with United States
Customs and Border Protection take immediate action to prevent such
rapes from occurring.
TITLE II--ENFORCEMENT
SEC. 201. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW
ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF
STATES.
(a) In General.--Notwithstanding any other provision of law and
reaffirming the existing inherent authority of States, law enforcement
personnel of a State or a political subdivision of a State have the
inherent authority of a sovereign entity to investigate, identify,
apprehend, arrest, detain, or transfer to Federal custody aliens in the
United States (including the transportation of such aliens across State
lines to detention centers), for the purposes of assisting in the
enforcement of the immigration laws of the United States in the course
of carrying out routine duties. This State authority has never been
displaced or preempted by Congress.
(b) Construction.--Nothing in this section may be construed to
require law enforcement personnel of a State or political subdivision
of a State to--
(1) report the identity of a victim of, or a witness to, a
criminal offense to the Secretary of Homeland Security for
immigration enforcement purposes; or
(2) arrest such victim or witness for a violation of the
immigration laws of the United States.
SEC. 202. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL
RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Establishment of Training Manual and Pocket Guide.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall establish--
(1) a training manual for law enforcement personnel of a
State or political subdivision of a State to train such
personnel in the investigation, identification, apprehension,
arrest, detention, and transfer to Federal custody of aliens in
the United States (including the transportation of such aliens
across State lines to detention centers and the identification
of fraudulent documents); and
(2) an immigration enforcement pocket guide for law
enforcement personnel of a State or political subdivision of a
State to provide a quick reference for such personnel in the
course of duty.
(b) Availability.--The training manual and pocket guide established
in accordance with subsection (a) shall be made available to all State
and local law enforcement personnel.
(c) Applicability.--Nothing in this section shall be construed to
require State or local law enforcement personnel to carry the training
manual or pocket guide established under subsection (a)(2) with them
while on duty.
(d) Costs.--The Secretary of Homeland Security shall be responsible
for any and all costs incurred in establishing the training manual and
pocket guide under subsection (a).
(e) Training Flexibility.--
(1) In general.--The Secretary of Homeland Security shall
make training of State and local law enforcement officers
available through as many means as possible, including
residential training at the Center for Domestic Preparedness,
onsite training held at State or local police agencies or
facilities, online training courses by computer,
teleconferencing, and videotape, or the digital video display
(DVD) of a training course or courses. E-learning through a
secure, encrypted distributed learning system that has all its
servers based in the United States, is sealable, survivable,
and can have a portal in place within 30 days, shall be made
available by the Federal Law Enforcement Training Center
Distributed Learning Program for State and local law
enforcement personnel.
(2) Federal personnel training.--The training of State and
local law enforcement personnel under this section shall not
displace the training of Federal personnel.
(3) Clarification.--Nothing in this Act or any other
provision of law shall be construed as making any immigration-
related training a requirement for, or prerequisite to, any
State or local law enforcement officer to assist in the
enforcement of Federal immigration laws in the normal course of
carrying out their normal law enforcement duties.
(f) Training Limitation.--Section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'' each place it appears; and
(2) in paragraph (2), by adding at the end the following
new sentence: ``Such training shall not exceed 14 days or 80
hours, whichever is longer.''.
SEC. 203. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT
ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Grants for Special Equipment for Housing and Processing Illegal
Aliens.--From amounts made available to make grants under this section,
the Secretary of Homeland Security shall make grants to States and
political subdivisions of States for procurement of equipment,
technology, facilities, and other products that facilitate and are
directly related to investigating, apprehending, arresting, detaining,
or transporting immigration law violators, including additional
administrative costs incurred under this Act.
(b) Eligibility.--To be eligible to receive a grant under this
section, a State or political subdivision of a State must have the
authority to, and have in effect the policy and practice to, assist in
the enforcement of the immigration laws of the United States in the
course of carrying out such agency's routine law enforcement duties.
(c) Funding.--There is authorized to be appropriated to the
Secretary of Homeland Security $250,000,000 for fiscal year 2008 and
each subsequent fiscal year to make grants under this section.
(d) GAO Audit.--Not later than three years after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct an audit of funds distributed to States and political
subdivisions of States under subsection (a).
SEC. 204. INSTITUTIONAL REMOVAL PROGRAM (IRP).
(a) Continuation and Expansion.--
(1) In general.--The Secretary of Homeland Security shall
continue to operate and implement the program known as the
Institutional Removal Program (IRP) which--
(A) identifies removable criminal aliens in Federal
and State correctional facilities;
(B) ensures such aliens are not released into the
community; and
(C) removes such aliens from the United States
after the completion of their sentences.
(2) Expansion.--The institutional removal program shall be
extended to all States. Any State that receives Federal funds
for the incarceration of criminal aliens shall--
(A) cooperate with officials of the institutional
removal program;
(B) expeditiously and systematically identify
criminal aliens in its prison and jail populations; and
(C) promptly convey such information to officials
of such program as a condition for receiving such
funds.
(b) Authorization for Detention After Completion of State or Local
Prison Sentence.--Law enforcement officers of a State or political
subdivision of a State are authorized to--
(1) hold an illegal alien for a period of up to 14 days
after the alien has completed the alien's State prison sentence
in order to effectuate the transfer of the alien to Federal
custody when the alien is removable or not lawfully present in
the United States; or
(2) issue a detainer that would allow aliens who have
served a State prison sentence to be detained by the State
prison until personnel from United States Immigration and
Customs Enforcement can take the alien into custody.
(c) Technology Usage.--Technology such as video conferencing shall
be used to the maximum extent possible in order to make the
Institutional Removal Program (IRP) available in remote locations.
Mobile access to Federal databases of aliens, such as IDENT, and live
scan technology shall be used to the maximum extent practicable in
order to make these resources available to State and local law
enforcement agencies in remote locations.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Homeland Security to carry out the
Institutional Removal Program--
(1) $100,000,000 for fiscal year 2008;
(2) $115,000,000 for fiscal year 2009;
(3) $130,000,000 for fiscal year 2010;
(4) $145,000,000 for fiscal year 2011; and
(5) $160,000,000 for fiscal year 2012.
SEC. 205. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).
Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) is amended by inserting before the period at the end the
following: ``and $1,000,000,000 for each subsequent fiscal year''.
SEC. 206. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF
IMMIGRATION LAWS ENCOURAGED.
(a) In General.--Effective six months after the date of the
enactment of this Act, a State, or political subdivision of a State,
that has in effect a statute, policy, or practice that prohibits law
enforcement officers of the State, or of a political subdivision within
the State, from assisting or cooperating with Federal immigration law
enforcement in the course of carrying out the officers' routine law
enforcement duties shall not receive 25 percent of the non-emergency
funds that would otherwise be allocated to the State, or to the
political subdivision of the State, from the Department of Homeland
Security. If the Secretary of Homeland Security determines that such is
appropriate, the Secretary may withhold an additional 25 percent of
such funds that would otherwise be so allocated.
(b) Rule of Construction.--Nothing in this section shall require a
law enforcement official from a State or a political subdivision of a
State to report or arrest victims or witnesses of a criminal offense.
(c) Reallocation of Funds.--Any funds that are not allocated to a
State or to political subdivision of a State due to the failure of the
State or the political subdivision of a State to comply with subsection
(a) shall be reallocated to States or political subdivisions of States
that comply with such subsection.
SEC. 207. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.
(a) Provision of Information to the NCIC.--Not later than 180 days
after the date of the enactment of this Act, the Under Secretary for
Border and Transportation Security of the Department of Homeland
Security shall provide the National Crime Information Center of the
Department of Justice with such information as the Under Secretary may
have on any aliens against whom a final order of removal has been
issued, any aliens who have signed a voluntary departure agreement, any
aliens who have overstayed their authorized period of stay, and any
aliens whose visas have been revoked. Such information shall be
provided to the National Crime Information Center, and the National
Crime Information Center shall enter such information into the
Immigration Violators File of the National Crime Information Center
database, regardless of whether--
(1) the alien received notice of a final order of removal;
(2) the alien has already been removed; or
(3) sufficient identifying information is available on the
alien.
(b) Inclusion of Information in the NCIC Database.--Section 534(a)
of title 28, United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States,
regardless of whether the alien has received notice of the
violation or whether sufficient identifying information is
available on the alien and even if the alien has already been
removed.''. | Accountability in Enforcing Immigration Laws Act of 2007 - Amends the Immigration and Nationality Act to subject all illegal alien entrants to fines. (Under current law, first-time offenses are subject to such fines and/or six months' imprisonment, and subsequent offenses are subject to such fines and/or two years' imprisonment.)
Directs United States Immigration and Customs Enforcement to provide for: (1) detention of illegal aliens who are apprehended by state or local law enforcement officers; and (2) reimbursement of state and local detention costs.
Requires certain airport security screeners to undergo immigration status checks.
Requires owners and operators of high-risk critical infrastructure sites, in order to receive buffer zone protection grants, to conduct terrorist watchlist and immigration status database checks of security employees.
Condemns rapes by smugglers along the U.S. land border and urges the government of Mexico to work with United States Customs and Border Protection to take preventive action.
Affirms the inherent authority of state and local law enforcement personnel to assist in immigration enforcement while carrying out their routine duties. States that such provision shall not be construed to require such personnel to: (1) report the identity of a victim of, or a witness to, a criminal offense to the Department of Homeland Security (DHS); or (2) arrest such victim or witness for an immigration-related violation.
Directs DHS to establish an immigration-related training manual for state and local law enforcement personnel.
Provides financial assistance to state and local law enforcement agencies for immigration enforcement assistance.
Continues the institutional removal program and expands it to all states.
Authorizes permanent appropriations for the state criminal alien assistance program.
Provides for the listing of immigration violators in the National Crime Information Center Database. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to improve the interior enforcement of the immigration laws of the United States, and for other purposes."} | 3,622 | 395 | 0.637173 | 1.9458 | 0.904443 | 3.64095 | 9.293769 | 0.875371 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Salmon and Fisheries
Predation Prevention Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) prevention of predation by sea lions, recovery of
salmonid stocks listed under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), and prevention of the future listings
of fish stocks in the Columbia River under such Act are a vital
priority; and
(2) the Federal Government should continue to fund lethal
and nonlethal removal of sea lions as well as deterrence
measures for preventing such predation.
SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES
TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON
AND OTHER NONLISTED FISH SPECIES.
Section 120(f) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1389(f)) is amended to read as follows:
``(f) Temporary Marine Mammal Removal Authority on the Waters of
the Columbia River and Its Tributaries.--
``(1) Removal authority.--Notwithstanding any other
provision of this Act, the Secretary may issue a permit to an
eligible entity to authorize the intentional lethal taking on
the waters of the Columbia River and its tributaries of
individually identifiable sea lions that are part of a
population or stock that is not categorized under this Act as
depleted or strategic for the purpose of protecting--
``(A) species of salmon, steelhead, or eulachon
that are listed as endangered species or threatened
species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
``(B) species of lamprey or sturgeon that are not
listed as endangered or threatened but are listed as a
species of concern.
``(2) Permit process.--
``(A) In general.--An eligible entity may apply to
the Secretary for a permit under this subsection.
``(B) Deadline for consideration of application.--
The timelines and procedures described in subsection
(c) shall apply to applications for permits under this
subsection in the same manner such timelines apply to
applications under subsection (b).
``(C) Coordination.--The Secretary shall establish
procedures for coordination among eligible entities,
including application procedures and timelines,
geographic and species-specific considerations, and
monitoring and periodic review.
``(D) Duration of permit.--A permit under this
subsection shall be effective for not more than 5 years
and may be renewed by the Secretary.
``(3) Limitations on annual takings.--The process for
determining limitations on annual take of sea lions will follow
the process established in subsection (c) and the cumulative
number of sea lions authorized to be taken each year under all
permits in effect under this subsection shall not exceed 10
percent of the annual potential biological removal level for
sea lions.
``(4) Qualified individuals.--Intentional lethal takings
under this subsection shall be humane and shall be implemented
by agencies or qualified individuals described in subsection
(c)(4), or by individuals employed by the eligible entities
described in paragraph (6).
``(5) Suspension of permitting authority.--If, 5 years
after the date of the enactment of the Endangered Salmon and
Fisheries Predation Prevention Act, the Secretary, after
consulting with State and tribal fishery managers, determines
that lethal removal authority is no longer necessary to protect
salmonid and other fish species from sea lion predation, the
Secretary shall suspend the issuance of permits under this
subsection.
``(6) Eligible entity defined.--
``(A) In general.--
``(i) Definition.--In this subsection,
subject to subparagraph (B), the term `eligible
entity' means--
``(I) with respect to removal in
the mainstem of the Columbia River and
its tributaries, the State of
Washington, the State of Oregon, and
the State of Idaho;
``(II) with respect to removal in
the mainstem of the Columbia River and
its tributaries, the Nez Perce Tribe,
the Confederated Tribes of the Umatilla
Indian Reservation, the Confederated
Tribes of the Warm Springs Reservation
of Oregon, the Confederated Tribes and
Bands of the Yakama Nation, and the
Columbia River Intertribal Fish
Commission; and
``(ii) Delegation authority.--The Secretary
may allow an eligible entity described in
clause (i)(I) or (i)(II) to delegate its
authority under a permit under this subsection
to any eligible entity described in clause
(i)(I) or (i)(II).
``(B) Additional eligibility.--
``(i) In general.--Subject to the approval
of the Secretary and in consultation with the
Indian Tribes in subparagraph (A)(i)(II)--
``(I) the State of Washington may
enter into a memorandum of
understanding with the Cowlitz Indian
Tribe for deterrence and removal of sea
lions on the Cowlitz River.
``(II) the State of Oregon may
enter into a memorandum of
understanding with the Confederated
Tribes of the Grand Ronde Community of
Oregon and the Confederated Tribes of
Siletz Indians of Oregon for deterrence
and removal of sea lions on the
Willamette River.
``(ii) Considerations.--In determining
eligibility under this subparagraph, the
Secretary shall consider the capacity of each
Indian tribe to manage wildlife to meet the
requirements of this Act.
``(7) Individual exception.--For purposes of this section,
any sea lion located upstream of Columbia River river mile 112,
or in any tributary to the Columbia River that includes
spawning habitat of threatened or endangered salmon or
steelhead is deemed to be individually identifiable.
``(8) Significant negative impact exception.--For purposes
of this section, any sea lion located in the mainstem of the
Columbia River upstream of river mile 112, or in any tributary
to the Columbia River that includes spawning habitat of
threatened or endangered salmon or steelhead is deemed to be
having a significant negative impact on the decline or recovery
of salmonid fishery stocks described in subsection (b)(1).
``(9) Definition.--In this subsection, the term `Indian
tribe' has the meaning given such term in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).''.
SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.
Nothing in this Act or the amendments made by this Act shall be
construed to affect or modify any treaty or other right of an Indian
Tribe (as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).
SEC. 5. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Interior shall study and report to the
Congress on the potential effects of the lethal taking of sea lions on
the recovery of salmonid stocks in the waters of the Columbia River and
the tributaries of the Columbia River.
Passed the House of Representatives June 26, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Endangered Salmon and Fisheries Predation Prevention Act This bill amends the Marine Mammal Protection Act of 1972 to authorize the National Oceanic and Atmospheric Administration (NOAA) to issue one-year permits allowing Washington, Oregon, Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, the Columbia River Inter-Tribal Fish Commission, and the Cowlitz Indian Tribe to kill sea lions in a portion of the Columbia River or certain tributaries in order to protect fish from sea lion predation. Permits may be issued to kill sea lions only if the sea lions are part of a population that is not depleted. The permits may authorize the lethal taking of 100 sea lions or fewer. The cumulative annual taking of sea lions each year under all such permits is limited to 10% of the annual potential biological removal level. Permit holders must be trained in natural resource management. These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years. NOAA may suspend the issuance of the permits if, after five years, lethal removal authority is no longer necessary to protect fish from sea lion predation. | {"src": "billsum_train", "title": "Endangered Salmon and Fisheries Predation Prevention Act"} | 1,730 | 312 | 0.634413 | 1.761707 | 0.638391 | 2.924686 | 6.020921 | 0.824268 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety of Seniors Act of 2008''.
SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
Part J of title III of the Public Health Service Act (42 U.S.C.
280b et seq.) is amended--
(1) by redesignating section 393B (as added by section 1401
of Public Law 106-386) as section 393C and transferring such
section so that it appears after section 393B (as added by
section 1301 of Public Law 106-310); and
(2) by inserting after section 393C (as redesignated by
paragraph (1)) the following:
``SEC. 393D. PREVENTION OF FALLS AMONG OLDER ADULTS.
``(a) Public Education.--The Secretary may--
``(1) oversee and support a national education campaign to
be carried out by a nonprofit organization with experience in
designing and implementing national injury prevention programs,
that is directed principally to older adults, their families,
and health care providers, and that focuses on reducing falls
among older adults and preventing repeat falls; and
``(2) award grants, contracts, or cooperative agreements to
qualified organizations, institutions, or consortia of
qualified organizations and institutions, specializing, or
demonstrating expertise, in falls or fall prevention, for the
purpose of organizing State-level coalitions of appropriate
State and local agencies, safety, health, senior citizen, and
other organizations to design and carry out local education
campaigns, focusing on reducing falls among older adults and
preventing repeat falls.
``(b) Research.--
``(1) In general.--The Secretary may--
``(A) conduct and support research to--
``(i) improve the identification of older
adults who have a high risk of falling;
``(ii) improve data collection and analysis
to identify fall risk and protective factors;
``(iii) design, implement, and evaluate the
most effective fall prevention interventions;
``(iv) improve strategies that are proven
to be effective in reducing falls by tailoring
these strategies to specific populations of
older adults;
``(v) conduct research in order to maximize
the dissemination of proven, effective fall
prevention interventions;
``(vi) intensify proven interventions to
prevent falls among older adults;
``(vii) improve the diagnosis, treatment,
and rehabilitation of elderly fall victims and
older adults at high risk for falls; and
``(viii) assess the risk of falls occurring
in various settings;
``(B) conduct research concerning barriers to the
adoption of proven interventions with respect to the
prevention of falls among older adults;
``(C) conduct research to develop, implement, and
evaluate the most effective approaches to reducing
falls among high-risk older adults living in
communities and long-term care and assisted living
facilities; and
``(D) evaluate the effectiveness of community
programs designed to prevent falls among older adults.
``(2) Educational support.--The Secretary, either directly
or through awarding grants, contracts, or cooperative
agreements to qualified organizations, institutions, or
consortia of qualified organizations and institutions,
specializing, or demonstrating expertise, in falls or fall
prevention, may provide professional education for physicians
and allied health professionals, and aging service providers in
fall prevention, evaluation, and management.
``(c) Demonstration Projects.--The Secretary may carry out the
following:
``(1) Oversee and support demonstration and research
projects to be carried out by qualified organizations,
institutions, or consortia of qualified organizations and
institutions, specializing, or demonstrating expertise, in
falls or fall prevention, in the following areas:
``(A) A multistate demonstration project assessing
the utility of targeted fall risk screening and
referral programs.
``(B) Programs designed for community-dwelling
older adults that utilize multicomponent fall
intervention approaches, including physical activity,
medication assessment and reduction when possible,
vision enhancement, and home modification strategies.
``(C) Programs that are targeted to new fall
victims who are at a high risk for second falls and
which are designed to maximize independence and quality
of life for older adults, particularly those older
adults with functional limitations.
``(D) Private sector and public-private
partnerships to develop technologies to prevent falls
among older adults and prevent or reduce injuries if
falls occur.
``(2)(A) Award grants, contracts, or cooperative agreements
to qualified organizations, institutions, or consortia of
qualified organizations and institutions, specializing, or
demonstrating expertise, in falls or fall prevention, to
design, implement, and evaluate fall prevention programs using
proven intervention strategies in residential and institutional
settings.
``(B) Award 1 or more grants, contracts, or cooperative
agreements to 1 or more qualified organizations, institutions,
or consortia of qualified organizations and institutions,
specializing, or demonstrating expertise, in falls or fall
prevention, in order to carry out a multistate demonstration
project to implement and evaluate fall prevention programs
using proven intervention strategies designed for single and
multifamily residential settings with high concentrations of
older adults, including--
``(i) identifying high-risk populations;
``(ii) evaluating residential facilities;
``(iii) conducting screening to identify high-risk
individuals;
``(iv) providing fall assessment and risk reduction
interventions and counseling;
``(v) coordinating services with health care and
social service providers; and
``(vi) coordinating post-fall treatment and
rehabilitation.
``(3) Award 1 or more grants, contracts, or cooperative
agreements to qualified organizations, institutions, or
consortia of qualified organizations and institutions,
specializing, or demonstrating expertise, in falls or fall
prevention, to conduct evaluations of the effectiveness of the
demonstration projects described in this subsection.
``(d) Priority.--In awarding grants, contracts, or cooperative
agreements under this section, the Secretary may give priority to
entities that explore the use of cost-sharing with respect to
activities funded under the grant, contract, or agreement to ensure the
institutional commitment of the recipients of such assistance to the
projects funded under the grant, contract, or agreement. Such non-
Federal cost sharing contributions may be provided directly or through
donations from public or private entities and may be in cash or in-
kind, fairly evaluated, including plant, equipment, or services.
``(e) Study of Effects of Falls on Health Care Costs.--
``(1) In general.--The Secretary may conduct a review of
the effects of falls on health care costs, the potential for
reducing falls, and the most effective strategies for reducing
health care costs associated with falls.
``(2) Report.--If the Secretary conducts the review under
paragraph (1), the Secretary shall, not later than 36 months
after the date of enactment of the Safety of Seniors Act of
2008, submit to Congress a report describing the findings of
the Secretary in conducting such review.''. | Safety of Seniors Act of 2008 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to: (1) oversee and support a national education campaign focusing on reducing falls among older adults and preventing repeat falls; and (2) award grants, contracts, or cooperative agreements to design and carry out local education campaigns.
Allows the Secretary to conduct and support research to: (1) improve the identification of older adults who have a high risk of falling; (2) improve data collection and analysis to identify fall risk and protective factors; (3) design, implement, and evaluate the most effective fall prevention interventions; (4) tailor effective strategies to reduce falls to specific populations of older adults; (5) maximize the dissemination of proven, effective fall prevention interventions; (6) improve the diagnosis, treatment, and rehabilitation of elderly fall victims and older adults at high risk for falls; and (7) assess the risks of falls occurring in various settings.
Authorizes the Secretary to: (1) conduct research concerning the barriers to the adoption of proven fall prevention interventions; (2) conduct research to develop, implement, and evaluate the most effective approaches to reduce falls among high-risk older adults living in communities and long-term care and assisted living facilities; (3) evaluate the effectiveness of community programs; (4) provide professional education for physicians and allied health professionals in fall prevention; (5) oversee and support specified demonstration and research projects; (6) award grants to design, implement, and evaluate fall prevention programs using proven intervention strategies and carry out a multistate demonstration project; (7) give priority in awarding grants under this Act to entities that explore the use of cost-sharing to ensure the institutional commitment of the recipients of such assistance to the funded projects; and (8) report to Congress on the effects of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing associated health care costs. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to direct the Secretary of Health and Human Services to intensify programs with respect to research and related activities concerning falls among older adults."} | 1,514 | 385 | 0.716753 | 2.015572 | 0.957499 | 5.441327 | 3.752551 | 0.956633 |
SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Indian Tribal
Trade and Investment Demonstration Project Act of 2011''.
(b) Findings.--Congress finds that--
(1) the public and private sectors in the Republic of
Turkey have demonstrated a unique interest in bolstering
cultural, political, and economic relationships with Indian
tribes and tribal members;
(2) uneconomic regulatory, statutory, and policy barriers
are preventing more robust relationships between the Turkish
and Indian tribal communities; and
(3) it is in the interest of Indian tribes, the United
States, and the United States-Turkey relationship to remove or
ameliorate these barriers through the establishment of an
Indian Tribal Trade and Investment Demonstration Project.
(c) Purpose.--The purposes of this Act are--
(1) to remove or ameliorate the certain barriers to
facilitate trade and financial investment in Indian tribal
economies;
(2) to encourage increased levels of commerce and economic
investment by private entities incorporated in or emanating
from the Republic of Turkey; and
(3) to further the policy of Indian self-determination by
strengthening Indian tribal economies and political
institutions in order to raise the material standard of living
of Indians.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applicant.--The term ``applicant'' means an Indian
tribe or a consortium of Indian tribes that submits an
application under this Act seeking participation in the
demonstration project.
(2) Demonstration project.--The term ``demonstration
project'' means the trade and investment demonstration project
authorized by this Act.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(4) Participating indian tribe.--The term ``participating
Indian tribe'' means an Indian tribe selected by the Secretary
from the applicant pool.
(5) Project; activity.--The terms ``project'' and
``activity'' mean a community, economic, or business
development undertaking that includes components that
contribute materially to carrying out a purpose or closely
related purposes that are proposed or approved for assistance
under more than one Federal program.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. INDIAN TRIBAL TRADE AND INVESTMENT DEMONSTRATION PROJECT.
(a) In General.--The Secretary shall authorize Indian tribes
selected under section 4 to participate in a demonstration project
under this Act, which shall be known as the ``Indian Tribal Trade and
Investment Demonstration Project''.
(b) Lead Agency.--The Department of the Interior shall be the lead
agency for purposes of carrying out the demonstration project.
(c) Tribal Approval of Leases.--Notwithstanding any other provision
of law, and in the discretion of a participating Indian tribe or
consortium, any lease of Indian land held in trust by the United States
for a participating Indian tribe (or an Indian tribe in a consortium)
entered into under this Act to carry out a project or activity shall
not require the approval of the Secretary if the lease--
(1) is entered into in furtherance of a commercial
partnership involving one or more private entities incorporated
in or emanating from the Republic of Turkey;
(2) is entered into not later than one year after the date
of the enactment of this Act;
(3) is not for the exploration, development, or extraction
of any mineral resources;
(4) does not include lease of land or an interest in land
held in trust for an individual Indian;
(5) is executed under the tribal regulations approved by
the Secretary under this Act; and
(6) has a term that does not exceed 25 years, except that
any such lease may include an option to renew for up to 2
additional terms, each of which may not exceed 25 years.
(d) Activities To Be Conducted on Leased Lands.--Indian land held
in trust by the United States for the benefit of a participating Indian
tribe (or an Indian tribe in a consortium) may be leased for activities
consistent with the purposes of this Act, including business and
economic development, public, educational, or residential purposes,
including the development or use of natural resources in connection
with operations under such leases, for grazing purposes, and for those
farming purposes which require the making of a substantial investment
in the improvement of the land for the production of specialized crops
as determined by the Secretary.
(e) Approval of Tribal Regulations.--
(1) In general.--The Secretary shall approve a tribal
regulation issued for the purposes of subsection (c)(4), if the
tribal regulation--
(A) is consistent with regulations, if any, issued
by the Secretary under this Act; and
(B) provides for an environmental review process
that includes--
(i) the identification and evaluation of
any significant effects of the proposed action
on the environment; and
(ii) a process for ensuring that--
(I) the public is informed of, and
has a reasonable opportunity to comment
on, any significant environmental
impacts of the proposed action
identified by the participating Indian
tribe or consortium; and
(II) the participating Indian tribe
or consortium provides responses to
relevant and substantive public
comments on those impacts before the
participating Indian tribe or
consortium approves the lease.
(2) Secretarial review.--
(A) In general.--Not later than 120 days after the
date on which the tribal regulations under this
subsection are submitted to the Secretary, the
Secretary shall review and approve or disapprove the
regulations.
(B) Written documentation.--If the Secretary
disapproves such tribal regulations, the Secretary
shall include written documentation with the
disapproval notification that describes the basis for
the disapproval.
(C) Extension.--The deadline described in
subparagraph (A) may be extended by the Secretary,
after consultation with the participating Indian tribe
or consortium.
(f) Federal Environmental Review.--Notwithstanding subsection
(e)(2), if a participating Indian tribe or consortium carries out a
project or activity funded by a Federal agency, the participating
Indian tribe or consortium may rely on the environmental review process
of the applicable Federal agency rather than any tribal environmental
review process under this subsection.
(g) Documentation.--If a participating Indian tribe or consortium
executes a lease pursuant to tribal regulations approved under this
section, the participating Indian tribe or consortium shall provide the
Secretary with--
(1) a copy of the lease, including any amendments or
renewals to the lease; and
(2) in the case of tribal regulations or a lease that
allows for lease payments to be made directly to the
participating Indian tribe or consortium, documentation of the
lease payments that are sufficient to enable the Secretary to
discharge the trust responsibility of the United States under
subsection (h).
(h) Trust Responsibility.--
(1) In general.--The United States shall not be liable for
losses sustained by any party to a lease executed under this
Act.
(2) Authority of secretary.--Pursuant to the authority of
the Secretary to fulfill the trust obligation of the United
States to an Indian tribe under Federal law, including
regulations, the Secretary may, upon reasonable notice from the
Indian tribe and at the discretion of the Secretary, enforce
the provisions of, or cancel, any lease executed by a
participating Indian tribe or consortium under this Act.
(i) Compliance.--
(1) In general.--An interested party, after exhausting
applicable tribal remedies, may submit a petition to the
Secretary, at such time and in such form as the Secretary
determines to be appropriate, to review the compliance of a
participating Indian tribe or consortium with any tribal
regulations approved by the Secretary under this Act.
(2) Violations.--If, after carrying out a review under
paragraph (1), the Secretary determines that the tribal
regulations were violated, the Secretary may take any action
the Secretary determines to be necessary to remedy the
violation, including rescinding the approval of the tribal
regulations and reassuming responsibility for the approval of
leases of Indian lands.
(3) Documentation.--If the Secretary determines under this
paragraph that a violation of tribal regulations has occurred
and a remedy is necessary, the Secretary shall--
(A) make a written determination with respect to
the regulations that have been violated;
(B) provide the applicable participating Indian
tribe or consortium with a written notice of the
alleged violation together with such written
determination; and
(C) prior to the exercise of any remedy, the
rescission of the approval of the regulation involved,
or the reassumption of lease approval responsibilities,
provide the applicable participating Indian tribe or
consortium with--
(i) a hearing that is on the record; and
(ii) a reasonable opportunity to cure the
alleged violation.
SEC. 4. SELECTION OF PARTICIPATING INDIAN TRIBES.
(a) Participants.--
(1) In general.--During the first year after the date of
the enactment of this Act, the Secretary may select not more
than 6 Indian tribes or consortia from the applicant pool
described in subsection (b) to submit an application to be a
participating Indian tribe or consortium.
(2) Consortia.--Two or more Indian tribes may form a
consortium to participate as an applicant under paragraph (1).
(b) Applicant Pool.--The applicant pool described in this
subsection shall consist of each Indian tribe or consortium that--
(1) requests participation in the demonstration project
through a resolution or other official action of the tribal
governing body; and
(2) demonstrates, for the 3 fiscal years immediately
preceding the fiscal year for which participation is requested,
financial stability and financial management capability as
demonstrated by a showing by the Indian tribe or consortium
that there were no material audit exceptions in the required
annual audit of the self-determination contracts of the Indian
tribe or consortium.
SEC. 5. APPLICATION REQUIREMENTS, REVIEW, AND APPROVAL.
(a) Requirements.--An Indian tribe or consortium selected under
subsection (a) may submit to the Secretary an application that--
(1) identifies the activities to be conducted by the Indian
tribe or consortium;
(2) describes the revenues, jobs, and related economic
benefits and other likely consequences to the Indian tribe or
consortium, its members, the investors, and the surrounding
communities to be generated as a result of the activities
identified in paragraph (1); and
(3) is approved by the governing body of the Indian tribe
or consortium, including, in the case of an applicant that is a
consortium of Indian tribes, the governing body of each
affected member Indian tribe.
(b) Review and Approval.--
(1) In general.--Not later than 90 days after the date of
receipt of an application under subsection (a), the Secretary
shall inform the applicant, in writing, of the approval or
disapproval of the application.
(2) Disapproval.--If an application is disapproved, the
written notice shall identify the reasons for the disapproval
and the applicant shall be provided an opportunity to amend and
resubmit the application to the Secretary.
SEC. 6. REPORT TO CONGRESS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary shall prepare and submit to Congress a report that
includes--
(1) a description of the economic benefits and other
consequences to participating Indian tribes, their members, and
surrounding communities as a result of the economic activities
and financial investment engendered by the demonstration
project; and
(2) observations drawn from the implementation of this Act
and recommendations reasonably designed to improve the
operation or consequences of the demonstration project. | Indian Tribal Trade and Investment Demonstration Project Act of 2011 - (Sec. 3) Authorizes the Secretary of the Interior to select up to six Indian tribes or consortia of Indian tribes to participate in an Indian Tribal Trade and Investment Demonstration Project that facilitates trade and financial investment in Indian tribal economies by private entities from Turkey.
Allows participating tribes or consortia to lease land held in trust for them by the federal government without the Secretary's approval if the lease: (1) is in furtherance of a community, economic, or business development undertaking with a Turkish entity; (2) is entered into within 1 year of this Act's enactment; (3) is not for mineral exploration, development, or extraction; (4) does not include land held in trust for an individual Indian; (5) is executed under tribal regulations approved by the Secretary under this Act; and (6) has a term that does not exceed 25 years, though it may include certain renewal options.
Requires the Secretary to approve tribal lease regulations if they are consistent with any regulations the Secretary issues under this Act and subject proposed activities to an environmental review process. Requires that process to identify and evaluate significant impacts the proposed activity may have on the environment and give the public an opportunity to be heard regarding those impacts before a lease is approved by the tribe or consortium.
Allows participating tribes or consortia to rely on federal environmental reviews if proposed actions are federally funded.
Authorizes the Secretary, pursuant to federal trust obligations, to enforce the provisions of, or cancel, any lease executed by a participating Indian tribe or consortium under this Act. Absolves the federal government from liability for any loss sustained by a party to such a lease.
Allows an interested party, after exhausting applicable tribal remedies, to petition the Secretary to review the compliance of a participating tribe or consortium with tribal regulations approved by the Secretary under this Act.
(Sec. 4) Requires tribes and consortia to demonstrate financial stability and financial management capability for the three fiscal years that precede their request to participate in the demonstration project by showing that there were no material audit exceptions in the required annual audit of their self-determination contracts.
(Sec. 6) Directs the Secretary, within one year of this Act's enactment, to report to Congress on the effects of the demonstration project and on ways to improve its effectiveness. | {"src": "billsum_train", "title": "To facilitate economic development by Indian tribes and encourage investment by Turkish enterprises."} | 2,558 | 529 | 0.661857 | 2.143053 | 0.678483 | 3.704104 | 5.164147 | 0.913607 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Product Safety Notification and
Recall Effectiveness Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The Consumer Product Safety Commission conducts
approximately 300 recalls of hazardous, dangerous, and
defective consumer products each year.
(2) In developing comprehensive corrective action plans
with recalling companies, the Consumer Product Safety
Commission staff greatly relies upon the media and retailers to
alert consumers to the dangers of unsafe consumer products,
because the manufacturers do not generally possess contact
information regarding the purchasing consumers. Based upon
information received from companies maintaining customer
registration lists, such contact information is known for
generally less than 7 percent of the total consumer products
produced and distributed.
(3) The Consumer Product Safety Commission has found that
the consumers of the other 93 percent of consumer products
produced and distributed do not return purchaser identification
cards because of requests for marketing and personal
information in the cards, and the likelihood of receiving
unsolicited marketing materials.
(4) The Consumer Product Safety Commission has conducted
research demonstrating that direct consumer contact is one of
the most effective ways of motivating consumer response to a
consumer product recall.
(5) Companies that maintain consumer product purchase data,
such as product registration cards, warranty cards, and rebate
cards, are able to effectively notify consumers of a consumer
product recall.
(6) The Consumer Product Safety Commission staff has found
that a consumer product safety owner card, without marketing
questions or requests for personal information, that
accompanied products such as small household appliances and
juvenile products would increase consumer participation and
information necessary for direct notification in consumer
product recalls.
(7) The National Highway Traffic Safety Administration has,
since March 1993, required similar simplified, marketing-free
product registration cards on child safety seats used in motor
vehicles, and has found that this has been successful in
increasing recall compliance rates.
(b) Purpose.--The purpose of this Act is to reduce the number of
deaths and injuries from defective and hazardous consumer products
through improved recall effectiveness, by--
(1) requiring the Consumer Product Safety Commission to
promulgate a consumer products safety standard to require
manufacturers of juvenile products, small household appliances,
and certain other consumer products, to include a simplified
product safety owner card with those consumer products at the
time of original purchase by consumers, or develop effective
electronic registration of the first purchasers of such
products, to develop a customer database for the purpose of
notifying consumers about recalls of those products; and
(2) encouraging manufacturers, private labelers, retailers,
and others to use creativity and innovation to create and
maintain effective methods of notifying consumers in the event
of a consumer product recall.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Terms defined in consumer product safety act.--The
definitions set forth in section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052) shall apply to this Act.
(2) Covered consumer product.--The term ``covered consumer
product'' means--
(A) a juvenile product;
(B) a small household appliance; and
(C) such other consumer product as the Commission
considers appropriate for achieving the purpose of this
Act.
(3) Juvenile product.--The term ``juvenile product''--
(A) means a durable consumer product intended for
use, or that may be reasonably expected to be used, by
children under the age of 5 years; and
(B) includes, but is not limited to--
(i) full-size cribs and nonfull-size cribs;
(ii) toddler beds;
(iii) high chairs, booster chairs, and
hook-on chairs;
(iv) bath seats;
(v) gates and other enclosures for
confining a child;
(vi) playpens;
(vii) stationary activity centers;
(viii) strollers;
(ix) walkers;
(x) swings;
(xi) child carriers;
(xii) bassinets and cradles; and
(xiii) children's toys.
(4) Product safety owner card.--The term ``product safety
owner card'' means a standardized product identification card
supplied with a consumer product by the manufacturer of the
product, at the time of original purchase by the first
purchaser of such product for purposes other than resale, that
only requests that the consumer of such product provide to the
manufacturer a minimal level of personal information needed to
enable the manufacturer to contact the consumer in the event of
a recall of the product.
(5) Small household appliance.--The term ``small household
appliance'' means a consumer product that is a toaster, toaster
oven, blender, food processor, coffee maker, or other similar
small appliances.
SEC. 4. CONSUMER PRODUCTS SAFETY STANDARD REQUIRING SYSTEM TO PROVIDE
NOTICE OF RECALLS OF CERTAIN CONSUMER PRODUCTS.
(a) In General.--The Commission shall promulgate a consumer
products safety standard under section 16(b) of the Consumer Product
Safety Act (15 U.S.C. 2065(b)) that requires that the manufacturer of a
covered consumer product shall establish and maintain a system for
providing notification of recalls of such product to consumers of such
product.
(b) Requirement to Create Database.--
(1) In general.--The standard shall require that the system
include use of product safety owner cards, Internet
registration, or an alternative method specified by the
standard, to create a database of information regarding
consumers of covered consumer products, for the sole purpose of
notifying such consumers of recalls of such products.
(2) Use of technology.--Alternative methods specified in
the standard may include use of on-line product registration
and consumer notification, consumer information data bases,
electronic tagging and bar codes, embedded computer chips in
consumer products, or other electronic and design strategies to
notify consumers about product recalls, that the Commission
determines will increase the effectiveness of recalls of
covered consumer products.
(c) Use of Commission Staff Proposal.--The standard shall be
substantially the same as the Commission staff draft entitled
``Advanced Notice of Proposed Rulemaking entitled Purchaser Owner Card
Program'', dated June 19, 2001.
(d) Deadlines.--The Commission--
(1) shall issue a proposed standard under this section by
not later than 90 days after the date of the enactment of this
Act; and
(2) shall promulgate a final standard under this section by
not later than 270 days after the date of the enactment of this
Act. | Product Safety Notification and Recall Effectiveness Act of 2003 - Instructs the Consumer Product Safety Commission to promulgate a consumer product safety standard that requires the manufacturer of a covered consumer product to establish and maintain a consumer notification system for product recalls.Prescribes database requirements. | {"src": "billsum_train", "title": "To direct the Consumer Product Safety Commission to promulgate a consumer products safety standard that requires manufacturers of certain consumer products to establish and maintain a system for providing notification of recalls of such products to consumers who first purchase such a product."} | 1,435 | 63 | 0.55465 | 1.361821 | 0.843643 | 3.270833 | 28.104167 | 0.9375 |
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Independent
Commission on Intelligence about Iraq (in this Act referred to as the
``Commission'').
SEC. 2. DUTIES.
The Commission shall carry out the following duties:
(1) Examine and evaluate executive branch efforts to
collect intelligence regarding the threats posed by Iraq,
including Iraq's attempts to reconstitute its nuclear weapons
program, develop and deploy chemical and biological weapons,
and provide support for al Qaeda and other terrorist
organizations.
(2) Examine and evaluate executive branch efforts to assess
the credibility and accuracy of intelligence regarding such
threats, including the interpretation and conclusions developed
by the intelligence community regarding such threats.
(3) Examine and evaluate public representations and
representations to Congress made by executive branch officials
regarding such threats, including assessing the accuracy and
completeness of such representations.
(4) Examine and evaluate the effectiveness of collaborative
arrangements between the United States and other countries and
international organizations in collecting, assessing, and
interpreting such threats.
(5) Examine the extent to which Congress has imposed
restrictions on the collection of intelligence that have
limited the ability of the intelligence community to obtain
complete and accurate intelligence regarding such threats, and
evaluate whether the benefits of those restrictions outweigh
the costs.
(6) Review the findings, conclusions, and recommendations
of other congressional, executive branch, or independent
commission investigations, in a manner to build upon such
related investigations and to avoid unnecessary duplication.
(7) Report to Congress and the President on its findings
and conclusions, as well as make recommendations to Congress
and the President on measures that can be taken to enhance the
accuracy of intelligence and the accuracy of representations of
such intelligence.
SEC. 3. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be jointly appointed by the minority
leader of the Senate and the minority leader of the House of
Representatives, who shall serve as vice chairman of the
Commission;
(3) 2 members shall be appointed by the majority leader of
the Senate;
(4) 2 members shall be appointed by the Speaker of the
House of Representatives;
(5) 2 members shall be appointed by the minority leader of
the Senate; and
(6) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualifications; Initial Meeting.--
(1) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(2) Other qualifications.--Individuals that shall be
appointed to the Commission should be prominent United States
citizens, with national recognition and significant depth of
experience in such professions as governmental service, law
enforcement, the armed services, law, public administration,
intelligence gathering, commerce (including aviation matters),
and foreign affairs.
(3) Deadline for appointment.--All members of the
Commission shall be appointed within 45 days following the
enactment of this Act.
(4) Meetings.--The Commission shall meet and begin the
operations of the Commission as soon as practicable. After its
initial meeting, the Commission shall meet upon the call of the
chairman or a majority of its members.
(c) Quorum; Vacancies.--Six members of the Commission shall
constitute a quorum. 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.
(d) Conflicts of Interest.--Each member appointed to the Commission
shall submit a financial disclosure report pursuant to the Ethics in
Government Act of 1978, notwithstanding the minimum required rate of
compensation or time period employed.
SEC. 4. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents,
as the Commission or such designated subcommittee or designated
member may determine advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
chairman and the vice chairman; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the chairman or
any member designated by a majority of the
Commission, and may be served by any person
designated by the chairman or by a member
designated by a majority of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under this
subsection, the United States district court
for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this subsection, the Commission
may, by majority vote, certify a statement of
fact constituting such failure to the
appropriate United States attorney, who may
bring the matter before the grand jury for its
action, under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(3) Scope.--In carrying out its duties under this Act, the
Commission may examine the actions and representations of the
current Administration as well as prior Administrations.
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties of this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Federal Government, information, suggestions, estimates, and
statistics for the purposes of this Act. Each department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information, suggestions,
estimates, and statistics directly to the Commission, upon
request made by the chairman, the chairman of any subcommittee
created by a majority of the Commission, or any member
designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive Orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 5. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 10.
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 6. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(2) Personnel as federal employees.--
(A) In general.--The staff director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) 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.
(c) 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.
SEC. 7. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission 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 that member is engaged in the actual performance of
the duties of the Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
(a) In General.--Subject to subsection (b), the appropriate Federal
agencies or departments shall cooperate with the Commission in
expeditiously providing to the Commission members and staff appropriate
security clearances to the extent possible pursuant to existing
procedures and requirements.
(b) Exception.-- No person shall be provided with access to
classified information under this title without the appropriate
required security clearance access.
SEC. 9. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to Congress and the
President interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to Congress and the
President a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) Form of Report.--Each report prepared under this section shall
be submitted in unclassified form, but may contain a classified annex.
(d) Recommendation to Make Public Certain Classified Information.--
If the Commission determines that it is in the public interest that
some or all of the information contained in a classified annex of a
report under this section be made available to the public, the
Commission shall make a recommendation to the congressional
intelligence committees to make such information public, and the
congressional intelligence committees shall consider the recommendation
pursuant to the procedures under subsection (e).
(e) Procedure for Declassifying Information.--
(1) The procedures referred to in subsection (d) are the
procedures described in--
(A) with respect to the Permanent Select Committee
on Intelligence of the House of Representatives, clause
11(g) of Rule X of the Rules of the House of
Representatives, One Hundred Eighth Congress; and
(B) with respect to the Select Committee on
Intelligence of the Senate, section 8 of Senate
Resolution 400, Ninety-Fourth Congress.
(2) In this section, the term ``congressional intelligence
committees'' means--
(A) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(B) the Select Committee on Intelligence of the
Senate.
SEC. 10. TERMINATION.
(a) In General.--The Commission, and all the authorities of this
Act, shall terminate 60 days after the date on which the final report
is submitted under subsection (b).
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in paragraph (1) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating the
final report.
SEC. 11. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated funds not to exceed $5,000,000 for purposes of the
activities of the Commission under this Act.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission. | Creates the Independent Commission on Intelligence about Iraq. Gives the Commission responsibility for: (1) evaluating executive branch intelligence collection, assessment, and representations concerning the threats posed by Iraq; (2) evaluating the effectiveness of collaborative arrangements between the United States and others in assessing such threats; (3) examining the extent to which Congress has imposed restrictions that have hampered the efforts of the intelligence community; (4) reviewing the work of other investigations; and (5) reporting its findings, conclusions, and recommendations to Congress and the President. | {"src": "billsum_train", "title": "To establish the Independent Commission on Intelligence about Iraq."} | 3,282 | 111 | 0.607261 | 1.609972 | 1.337907 | 3.019048 | 28.67619 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate and Criminal Fraud
Accountability Act of 2002''.
SEC. 2. CRIMINAL PENALTIES FOR ALTERING DOCUMENTS.
(a) In General.--Chapter 73 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1519. Destruction, alteration, or falsification of records in
Federal investigations and bankruptcy
``Whoever knowingly alters, destroys, mutilates, conceals, covers
up, falsifies, or makes a false entry in any record, document, or
tangible object with the intent to impede, obstruct, or influence the
investigation or proper administration of any matter within the
jurisdiction of any department or agency of the United States or any
case filed under title 11, or in relation to or contemplation of any
such matter or case, shall be fined under this title, imprisoned not
more than 5 years, or both.
``Sec. 1520. Destruction of corporate audit records
``(a) Any accountant who conducts an audit of an issuer of
securities to which section 10A(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78j-1(a)) applies, shall maintain all documents
(including electronic documents) sent, received, or created in
connection with any audit, review, or other engagement for such issuer
for a period of 5 years from the end of the fiscal period in which the
audit, review, or other engagement was concluded.
``(b) Whoever knowingly and willfully violates subsection (a) shall
be fined under this title, imprisoned not more than 5 years, or both.
``(c) Nothing in this section shall be deemed to diminish or
relieve any person of any other duty or obligation, imposed by Federal
or State law or regulation, to maintain, or refrain from destroying,
any document.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of title 18, United States Code, is amended by adding at the
end the following new items:
``1519. Destruction, alteration, or falsification of records in Federal
investigations and bankruptcy.
``1520. Destruction of corporate audit records.''.
SEC. 3. CRIMINAL PENALTIES FOR DEFRAUDING SHAREHOLDERS OF PUBLICLY
TRADED COMPANIES.
(a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1348. Securities fraud
``Whoever knowingly executes, or attempts to execute, a scheme or
artifice--
``(1) to defraud any person in connection with any security
registered under section 12 or 15(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78l, 78o(d)) or section 6 of the
Securities Act of 1933 (15 U.S.C. 77f); or
``(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any money or property in
connection with the purchase or sale of any security registered
under section 12 or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78l, 78o(d)) or section 6 of the Securities Act
of 1933 (15 U.S.C. 77f),
shall be fined under this title, or imprisoned not more than 10 years,
or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 of title 18, United States Code, is amended by adding at the
end the following new item:
``1348. Securities fraud.''.
SEC. 4. REVIEW OF FEDERAL SENTENCING GUIDELINES FOR OBSTRUCTION OF
JUSTICE AND EXTENSIVE CRIMINAL FRAUD.
Pursuant to section 994 of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission
shall review and amend, as appropriate, the Federal Sentencing
Guidelines and related policy statements to ensure that--
(1) the guideline offense levels and enhancements for an
obstruction of justice offense are adequate in cases where
documents or other physical evidence are actually destroyed or
fabricated;
(2) the guideline offense levels and enhancements for
violations of section 1519 or 1520 of title 18, United States
Code, as added by this Act, are sufficient to deter and punish
that activity;
(3) the guideline offense levels and enhancements under
United States Sentencing Guideline 2B1.1 (as in effect on the
date of enactment of this Act) are sufficient for a fraud
offense when the number of victims adversely involved is
significantly greater than 50; and
(4) a specific offense characteristic enhancing sentencing
is provided under United States Sentencing Guideline 2B1.1 (as
in effect on the date of enactment of this Act) for a fraud
offense that endangers the solvency or financial security of 1
or more victims.
SEC. 5. DEBTS NONDISCHARGEABLE IF INCURRED IN VIOLATION OF SECURITIES
FRAUD LAWS.
Section 523(a) of title 11, United States Code, is amended--
(1) in paragraph (17), by striking ``or'' after the
semicolon;
(2) in paragraph (18), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end, the following:
``(19) that--
``(A) arises under a claim relating to--
``(i) the violation of any of the Federal
securities laws (as that term is defined in
section 3(a)(47) of the Securities Exchange Act
of 1934 (15 U.S.C. 78c(a)(47)), any State
securities laws, or any regulations or orders
issued under such Federal or State securities
laws; or
``(ii) common law fraud, deceit, or
manipulation in connection with the purchase or
sale of any security; and
``(B) results, in relation to any claim described
in subparagraph (A), from--
``(i) any judgment, order, consent order,
or decree entered in any Federal or State
judicial or administrative proceeding;
``(ii) any settlement agreement entered
into by the debtor; or
``(iii) any court or administrative order
for any damages, fine, penalty, citation,
restitutionary payment, disgorgement payment,
attorney fee, cost, or other payment owed by
the debtor.''.
SEC. 6. INCREASED PROTECTION OF EMPLOYEES WAGES UNDER CHAPTER 11
PROCEEDINGS.
Section 507(a) of title 11, United States Code, is amended--
(1) in paragraph (3) by striking ``90'' and inserting
``180'', and
(2) in paragraphs (3) and (4) by striking ``$4,000'' each
place it appears and inserting ``$10,000''.
SEC. 7. STATUTE OF LIMITATIONS FOR SECURITIES FRAUD.
(a) In General.--Section 1658 of title 28, United States Code, is
amended--
(1) by inserting ``(a)'' before ``Except''; and
(2) by adding at the end the following:
``(b) Notwithstanding subsection (a), a private right of action
that involves a claim of fraud, deceit, manipulation, or deliberate or
reckless disregard of a regulatory requirement concerning the
securities laws, as defined in section 3(a)(47) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), may be brought not later
than the earlier of--
``(1) 5 years after the date on which the alleged violation
occurred; or
``(2) 3 years after the date on which the alleged violation
was discovered.''.
(b) Effective Date.--The limitations period provided by section
1658(b) of title 28, United States Code, as added by this section,
shall apply to all proceedings addressed by this section that are
commenced on or after the date of enactment of this Act.
SEC. 8. PROTECTION FOR EMPLOYEES OF PUBLICLY TRADED COMPANIES WHO
PROVIDE EVIDENCE OF FRAUD.
(a) In General.--Chapter 73 of title 18, United States Code, is
amended by inserting after section 1514 the following:
``Sec. 1514A. Civil action to protect against retaliation in fraud
cases
``(a) Whistleblower Protection for Employees of Publicly Traded
Companies.--No company with securities registered under section 6 of
the Securities Act of 1933 (15 U.S.C. 77f) or section 12 or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78l, 78o(d)), or any
officer, employee, contractor, subcontractor, or agent of such company,
may discharge, demote, suspend, threaten, harass, or in any other
manner discriminate against an employee in the terms and conditions of
employment because of any lawful act done by the employee--
``(1) to provide information, cause information to be
provided, or otherwise assist in an investigation regarding any
conduct which the employee reasonably believes constitutes a
violation of section 1341, 1343, 1344, or 1348, any rule or
regulation of the Securities and Exchange Commission, or any
provision of Federal law relating to fraud against
shareholders, when the information or assistance is provided to
or the investigation is conducted by--
``(A) a Federal regulatory or law enforcement
agency;
``(B) any Member of Congress or any committee of
Congress; or
``(C) a person with supervisory authority over the
employee (or such other person working for the employer
who has the authority to investigate, discover, or
terminate misconduct); or
``(2) to file, cause to be filed, testify, participate in,
or otherwise assist in a proceeding filed or about to be filed
(with any knowledge of the employer) relating to an alleged
violation of section 1341, 1343, 1344, or 1348, any rule or
regulation of the Securities and Exchange Commission, or any
provision of Federal law relating to fraud against
shareholders.
``(b) Election of Action.--
``(1) In general.--A person who alleges discharge or other
discrimination by any person in violation of subsection (a) may
seek relief under subsection (c), by--
``(A) filing a complaint with the Secretary of
Labor; or
``(B) bringing an action at law or equity in the
appropriate district court of the United States.
``(2) Procedure.--
``(A) In general.--An action under paragraph (1)(A)
shall be governed under the rules and procedures set
forth in section 42121(b) of title 49, United States
Code.
``(B) Exception.--Notification made under section
42121(b)(1) of title 49, United States Code, shall be
made to the person named in the complaint and to the
employer.
``(C) Burdens of proof.--An action brought under
paragraph (1)(B) shall be governed by the legal burdens
of proof set forth in section 42121(b) of title 49,
United States Code.
``(D) Statute of limitations.--An action under
paragraph (1) shall be commenced not later than 180
days after the date on which the violation occurs.
``(c) Remedies.--
``(1) In general.--An employee prevailing in any action
under subsection (b)(1) (A) or (B) shall be entitled to all
relief necessary to make the employee whole.
``(2) Compensatory damages.--Relief for any action under
paragraph (1) shall include--
``(A) reinstatement with the same seniority status
that the employee would have had, but for the
discrimination;
``(B) 2 times the amount of back pay, with
interest; and
``(C) compensation for any special damages
sustained as a result of the discrimination, including
litigation costs, expert witness fees, and reasonable
attorney fees.
``(3) Punitive damages.--
``(A) In general.--In a case in which the finder of
fact determines that the protected conduct of the
employee under subsection (a) involved a substantial risk to the
health, safety, or welfare of shareholders of the employer or the
public, the finder of fact may award punitive damages to the employee.
``(B) Factors.--In determining the amount, if any,
to be awarded under this paragraph, the finder of fact
shall take into account--
``(i) the significance of the information
or assistance provided by the employee under
subsection (a) and the role of the employee in
advancing any investigation, proceeding,
congressional inquiry or action, or internal
remedial process, or in protecting the health,
safety, or welfare of shareholders of the
employer or of the public;
``(ii) the nature and extent of both the
actual and potential discrimination to which
the employee was subjected as a result of the
protected conduct of the employee under
subsection (a); and
``(iii) the nature and extent of the risk
to the health, safety, or welfare of
shareholders or the public under subparagraph
(A).
``(d) Rights Retained by Employee.--
``(1) Other remedies unaffected.--Nothing in this section
shall be deemed to diminish the rights, privilege, or remedies
of any employee under any Federal or State law, or under any
collective bargaining agreement.
``(2) Voluntary adjudication.--No employee may be compelled
to adjudicate his or her rights under this section pursuant to
an arbitration agreement.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of title 18, United States Code, is amended by inserting
after the item relating to section 1514 the following new item:
``1514A. Civil action to protect against retaliation in fraud cases.''.
SEC. 9. ESTABLISHMENT OF A RETIREMENT SECURITY FRAUD BUREAU.
(a) In General.--Part II of title 28, United States Code, is
amended by adding at the end the following:
``CHAPTER 40A--RETIREMENT SECURITY FRAUD BUREAU
``Sec. 600. Retirement Security Fraud Bureau
``(a) In General.--The Attorney General shall establish a
Retirement Security Fraud Bureau which shall be a bureau in the
Department of Justice.
``(b) Director.--
``(1) Appointment.--The head of the Retirement Security
Fraud Bureau shall be the Director who shall be appointed by
the Attorney General.
``(2) Duties and powers.--The duties and powers of the
Director are as follows:
``(A) Advise and make recommendations on matters
relating to pension and securities fraud, in general,
to the Assistant Attorney General of the Criminal
Division.
``(B) Maintain a government-wide data access
service, with access, in accordance with applicable
legal requirements, to the following:
``(i) Information collected by the
Department of Justice, the Department of the
Treasury, and the Securities Exchange
Commission on pension and securities fraud
matters.
``(ii) Other privately and publicly
available information on pension and securities
fraud-related activities.
``(C) Analyze and disseminate the available data in
accordance with applicable legal requirements,
policies, and guidelines established by the Attorney
General to--
``(i) identify possible criminal activity
to appropriate Federal, State, local, and
foreign law enforcement agencies;
``(ii) support ongoing criminal pension and
securities fraud investigations;
``(iii) determine emerging trends and
methods in pension and securities fraud
matters; and
``(iv) support government initiatives
against pension and securities fraud-related
activities.
``(D) Furnish research, analytical, and
informational services to financial institutions, to
appropriate Federal regulatory agencies with regard to
financial institutions, and to appropriate Federal,
State, local, and foreign law enforcement authorities,
in accordance with policies and guidelines established
by the Department of Justice, in the interest of
detection, prevention, and prosecution of pension and
securities fraud-related crimes.
``(E) Establish and maintain a special unit
dedicated to assisting Federal, State, local, and
foreign law enforcement and regulatory authorities in
combating pension and securities fraud.
``(F) Such other duties and powers as the Attorney
General may delegate or prescribe.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated for the Retirement Security Fraud Bureau such sums as may
be necessary for fiscal years 2003, 2004, 2005, and 2006.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part II of title 28, United States Code, is amended by adding at the
end the following new item:
``40A. Retirement Security Fraud Bureau..................... 600''. | Corporate and Criminal Fraud Accountability Act of 2002 - Amends the Federal criminal code to set penalties for: (1) destroying, altering, or falsifying records in Federal investigations or in bankruptcy; (2) failure of an accountant who conducts an audit of an issuer of securities to maintain all documents sent, received, or created in connection with the audit for a five year period; and (3) executing a scheme to defraud in connection with a registered security, or to obtain by false pretenses money or property in connection with its purchase or sale.Directs the United States Sentencing Commission to review the Federal sentencing guidelines for obstruction of justice, and for fraud when the number of victims adversely involved is significantly greater than 50 or when it endangers the solvency or financial security of multiple victims.Amends: (1) Federal bankruptcy law to make certain debts incurred in violation of Federal or State securities laws, or common law fraud in connection with the purchase or sale of any security, non-dischargeable in bankruptcy, and to increase the amount of employees' wages protected under chapter 11 proceedings; and (2) the Federal judicial code to authorize a private right of action that involves a securities fraud-related claim to be brought by the earlier of five years after the date of the alleged violation or three years after its discovery.Authorizes a civil action to protect whistle-blowing employees against retaliation in fraud cases involving publicly traded companies.Amends the judicial code to direct the Attorney General to establish within the Department of Justice a Retirement Security Fraud Bureau. | {"src": "billsum_train", "title": "To provide for criminal prosecution of persons who alter or destroy evidence in certain Federal investigations or defraud investors of publicly traded securities, to disallow debts incurred in violation of securities fraud laws from being discharged in bankruptcy, to protect whistleblowers against retaliation by their employers, and for other purposes."} | 3,841 | 342 | 0.5435 | 1.713618 | 0.745793 | 3.060606 | 11.602694 | 0.912458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ivanpah Valley Airport Public Lands
Transfer Act''.
SEC. 2. CONVEYANCE OF LANDS TO CLARK COUNTY, NEVADA.
(a) In General.--Notwithstanding the land use planning requirements
contained in sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712 and 1713), but subject to
subsection (b) of this section and valid existing rights, the Secretary
shall convey to the County all right, title, and interest of the United
States in and to the Federal public lands identified for disposition on
the map entitled ``Ivanpah Valley, Nevada-Airport Selections'' numbered
01, and dated April 1999, for the purpose of developing an airport
facility and related infrastructure. The Secretary shall keep such map
on file and available for public inspection in the offices of the
Director of the Bureau of Land Management and in the district office of
the Bureau located in Las Vegas, Nevada.
(b) Conditions.--The Secretary shall make no conveyance under
subsection (a) until each of the following conditions are fulfilled:
(1) The County has conducted an airspace assessment, using the
airspace management plan required by section 4(a), to identify any
potential adverse effects on access to the Las Vegas Basin under
visual flight rules that would result from the construction and
operation of a commercial or primary airport, or both, on the land
to be conveyed.
(2) The Federal Aviation Administration has made a
certification under section 4(b).
(3) The County has entered into an agreement with the Secretary
to retain ownership of Jean Airport, located at Jean, Nevada, and
to maintain and operate such airport for general aviation purposes.
(c) Payment.--
(1) In general.--As consideration for the conveyance of each
parcel, the County shall pay to the United States an amount equal
to the fair market value of the parcel.
(2) Deposit in special account.--(A) The Secretary shall
deposit the payments received under paragraph (1) into the special
account described in section 4(e)(1)(C) of the Southern Nevada
Public Land Management Act of 1998 (112 Stat. 2345). Such funds may
be expended only for the acquisition of private inholdings in the
Mojave National Preserve and for the protection and management of
the petroglyph resources in Clark County, Nevada. The second
sentence of section 4(f) of such Act (112 Stat. 2346) shall not
apply to interest earned on amounts deposited under this paragraph.
(B) The Secretary may not expend funds pursuant to this section
until--
(i) the provisions of section 5 of this Act have been
completed; and
(ii) a final Record of Decision pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has
been issued which permits development of an airport at the
Ivanpah site.
(d) Reversion and Reentry.--If, following completion of compliance
with section 5 of this Act and in accordance with the findings made by
the actions taken in compliance with such section, the Federal Aviation
Administration and the County determine that an airport should not be
constructed on the conveyed lands--
(1) the Secretary of the Interior shall immediately refund to
the County all payments made to the United States for such lands
under subsection (c); and
(2) upon such payment--
(A) all right, title, and interest in the lands conveyed to
the County under this Act shall revert to the United States;
and
(B) the Secretary may reenter such lands.
SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE FOR CONVEYANCE.
The public lands referred to in section 2(a) are withdrawn from
mineral entry under the Act of May 10, 1872 (30 U.S.C. 22 et seq.;
popularly known as the Mining Law of 1872) and the Mineral Leasing Act
(30 U.S.C. 181 et seq.).
SEC. 4. ACTIONS BY THE DEPARTMENT OF TRANSPORTATION.
(a) Development of Airspace Management Plan.--The Secretary of
Transportation shall, in consultation with the Secretary, prior to the
conveyance of the land referred to in section 2(a), develop an airspace
management plan for the Ivanpah Valley Airport that shall, to the
maximum extent practicable and without adversely impacting safety
considerations, restrict aircraft arrivals and departures over the
Mojave Desert Preserve in California.
(b) Certification of Assessment.--The Administrator of the Federal
Aviation Administration shall certify to the Secretary that the
assessment made by the County under section 2(b)(1) is thorough and
that alternatives have been developed to address each adverse effect
identified in the assessment, including alternatives that ensure access
to the Las Vegas Basin under visual flight rules at a level that is
equal to or better than existing access.
SEC. 5. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969
REQUIRED.
Prior to construction of an airport facility on lands conveyed
under section 2, all actions required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to initial
planning and construction shall be completed by the Secretary of
Transportation and the Secretary of the Interior as joint lead
agencies. Any actions conducted in accordance with this section shall
specifically address any impacts on the purposes for which the Mojave
National Preserve was created.
SEC. 6. DEFINITIONS.
In this Act--
(1) the term ``County'' means Clark County, Nevada; and
(2) the term ``Secretary'' means the Secretary of the Interior.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the Secretary to deposit payments received from the County as consideration for the conveyance of each parcel into the special account established under the Southern Nevada Public Land Management Act. Allows such funds to be expended only for the acquisition of private inholdings in the Mojave National Preserve and for the protection and management of the petroglyph resources in the County. Prohibits interest earned on amounts deposited from being invested and expended as required under such Act.Prohibits the Secretary from expending funds pursuant to this Act until: (1) the provisions of this Act regarding all actions required under the National Environmental Policy Act with respect to initial planning and construction have been completed; and (2) a final Record of Decision pursuant to such Act has been issued which permits development of an airport at the Ivanpah site.Requires such payments to be refunded to the County and such lands to revert to the United States if the FAA and the County determine that an airport should not be constructed on the conveyed lands.Withdraws the conveyed lands from mineral entry under the Mining Law of 1872 and the Mineral Leasing Act.Directs the Secretary of Transportation, in consultation with the Secretary, prior to such conveyance, to develop an airspace management plan for the Ivanpah Valley Airport that shall, without adversely impacting safety considerations, restrict aircraft arrivals and departures over the Mojave Desert Preserve in California.Requires: (1) prior to construction of an airport facility on the conveyed lands, all actions required under the National Environmental Policy Act with respect to initial planning and construction to be completed by the Secretary of Transportation and the Secretary as joint lead agencies; and (2) any such actions to specifically address any impacts on the purposes for which the Mojave National Preserve was created. | {"src": "billsum_train", "title": "Ivanpah Valley Airport Public Lands Transfer Act"} | 1,282 | 398 | 0.637926 | 2.258794 | 0.857283 | 4.957317 | 3.5 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Development Act of 2005''.
SEC. 2. AUTHORIZATION.
Congress hereby exercises its power under Article I, Section 8,
Clause 3 of the United States Constitution to regulate commerce among
the several States by authorizing any State to provide to any person
for economic development purposes tax incentives that otherwise would
be the cause or source of discrimination against interstate commerce
under the Commerce Clause of the United States Constitution, except as
otherwise provided by law.
SEC. 3. LIMITATIONS.
(a) Tax Incentives not Subject to Protection Under This Act.--
Section 2 shall not apply to any State tax incentive which--
(1) is dependent upon State or country of incorporation,
commercial domicile, or residence of an individual;
(2) requires the recipient of the tax incentive to acquire,
lease, license, use, or provide services to property produced,
manufactured, generated, assembled, developed, fabricated, or
created in the State;
(3) is reduced or eliminated as a direct result of an
increase in out-of-State activity by the recipient of the tax
incentive;
(4) is reduced or eliminated as a result of an increase in
out-of-State activity by a person other than the recipient of
the tax incentive or as a result of such other person not
having a taxable presence in the State;
(5) results in loss of a compensating tax system, because
the tax on interstate commerce exceeds the tax on intrastate
commerce;
(6) requires that other taxing jurisdictions offer
reciprocal tax benefits; or
(7) requires that a tax incentive earned with respect to
one tax can only be used to reduce a tax burden for or provide
a tax benefit against any other tax that is not imposed on
apportioned interstate activities.
(b) No Inference.--Nothing in this section shall be construed to
create any inference with respect to the validity or invalidity under
the Commerce Clause of the United States Constitution of any tax
incentive described in this section.
SEC. 4. DEFINITIONS; RULE OF CONSTRUCTION.
(a) Definitions.--For purposes of this Act--
(1) Compensating tax system.--The term ``compensating tax
system'' means complementary taxes imposed on both interstate
and intrastate commerce where the tax on interstate commerce
does not exceed the tax on intrastate commerce and the taxes
are imposed on substantially equivalent events.
(2) Economic development purposes.--The term ``economic
development purposes'' means all legally permitted activities
for attracting, retaining, or expanding business activity,
jobs, or investment in a State.
(3) Imposed on apportioned interstate activities.--The term
``imposed on apportioned interstate activities'' means, with
respect to a tax, a tax levied on values that can arise out of
interstate or foreign transactions or operations, including
taxes on income, sales, use, gross receipts, net worth, and
value added taxable bases. Such term shall not include taxes
levied on property, transactions, or operations that are
taxable only if they exist or occur exclusively inside the
State, including any real property and severance taxes.
(4) Person.--The term ``person'' means any individual,
corporation, partnership, limited liability company,
association, or other organization that engages in any for
profit or not-for-profit activities within a State .
(5) Property.--The term ``property'' means all forms of
real, tangible, and intangible property.
(6) State.--The term ``State'' means each of the several
States (or subdivision thereof), the District of Columbia, and
any territory or possession of the United States.
(7) State tax.--The term ``State tax'' means all taxes or
fees imposed by a State.
(8) Tax benefit.--The term ``tax benefit'' means all
permanent and temporary tax savings, including applicable
carrybacks and carryforwards, regardless of the taxable period
in which the benefit is claimed, received, recognized,
realized, or earned.
(9) Tax incentive.--The term ``tax incentive'' means any
provision that reduces a State tax burden or provides a tax
benefit as a result of any activity by a person that is
enumerated or recognized by a State tax jurisdiction as a
qualified activity for economic development purposes.
(b) Rule of Construction.--It is the sense of Congress that the
authorization provided in section 2 should be construed broadly and the
limitations in section 3 should be construed narrowly.
SEC. 5. SEVERABILITY.
If any provision of this Act or the application of any provision of
this Act to any person or circumstance is held to be unconstitutional,
the remainder of this Act and the application of the provisions of this
Act to any person or circumstance shall not be affected by the holding.
SEC. 6. EFFECTIVE DATE.
This Act shall apply to any State tax incentive enacted before, on,
or after the date of the enactment of this Act. | Economic Development Act of 2005 - Authorizes any State to provide to any person for economic development purposes tax incentives that otherwise would be the cause of discrimination against interstate commerce under the Commerce Clause of the Constitution. Makes exceptions for any incentive that: (1) is dependent upon State or country of incorporation, commercial domicile, or residence of an individual; (2) requires the recipient to acquire, lease, license, use, or provide services to property created in the State; (3) is reduced or eliminated as a result of an increase in out-of-State activity by the recipient or other person or as a result of such other person not having a taxable presence in the State; (4) results in loss of a compensating tax system, because the tax on interstate commerce exceeds the tax on intrastate commerce; (5) requires that other taxing jurisdictions offer reciprocal tax benefits; or (6) requires that a tax incentive earned with respect to one tax can only be used to reduce a tax burden for, or provide a tax benefit against any other tax that is not imposed on, apportioned interstate activities. | {"src": "billsum_train", "title": "To authorize the States (and subdivisions thereof), the District of Columbia, territories, and possessions of the United States to provide certain tax incentives to any person for economic development purposes."} | 1,132 | 241 | 0.765829 | 2.149266 | 0.928981 | 7.53211 | 4.688073 | 0.981651 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom and Self-Determination for
the Former Soviet Union Act''.
SEC. 2. PROHIBITION ON FOREIGN ASSISTANCE TO RUSSIA.
(a) In General.--Foreign assistance may not be obligated or
expended for Russia for any fiscal year unless the President certifies
to the Congress for such fiscal year the following:
(1) The President has received satisfactory assurances from
the Government of Russia, which have been confirmed by the
Director of the Federal Bureau of Investigation, that the
intelligence activities of Russia in the United States are
confined to what is considered routine, non-adversarial
information gathering activities.
(2) Russia is making continual progress toward the
unconditional implementation of the Russian-Moldovan troop
withdrawal agreement, signed by the prime ministers of Russia
and Moldova on October 21, 1994.
(3) Russia is not providing military assistance to any
military forces in the Transdniestra region of Moldova.
(4) Russian military forces in the Kaliningrad region of
Russia are respecting the sovereign territory of Lithuania and
other neighboring countries and such forces are not offensively
postured against any other country.
(5) The activities of Russia in the other independent
states of the former Soviet Union do not represent an attempt
by Russia to violate or otherwise diminish the sovereignty and
independence of such states.
(6) Russia is not providing military assistance to any
Bosnian Serb military units or combatants or to the Government
of the Federal Republic of Yugoslavia.
(7) Russia is not providing any intelligence information to
Cuba and is not providing any assistance to Cuba with respect
to the signal intelligence facility at Lourdes or the nuclear
facility at Cienfuegos.
(8)(A) Russia is not providing to the countries described
in subparagraph (B) goods or technology, including conventional
weapons, which could materially contribute to the acquisition
by these countries of chemical, biological, nuclear, or
advanced conventional weapons.
(B) The countries described in this subparagraph are Iran,
Iraq, Syria, the People's Republic of China, or any country,
the government of which the Secretary of State has determined,
for purposes of section 6(j)(1) of the Export Administration
Act of 1979 (50 U.S.C. app. 2405(6)(j)(1)), has repeatedly
provided support for acts of international terrorism.
(9) Russia is in strict compliance with all arms control
agreements to which Russia and the United States are a party.
(10) Russia has ceased all strategic nuclear weapons
modernization.
(11) Russia is in strict compliance with all trade and
financial agreements between Russia and any United States
business.
(b) Report.--The President shall submit to the Congress for each
fiscal year a report containing the certifications required by
subsection (a). Such report shall be submitted in unclassified and
classified versions.
SEC. 3. ANNUAL REPORTS.
At the beginning of each fiscal year, the President and the
Comptroller General of the United States shall each submit to the
Congress a report containing the following:
(1) The amount of foreign assistance provided to Russia for
the preceding fiscal year, including--
(A) the name of each organization or entity to
which such assistance was provided;
(B) the purpose of such assistance; and
(C) an assessment of the effectiveness of such
assistance.
(2) A detailed accounting of the amount of foreign
assistance appropriated for Russia which has not been expended
and the status of such assistance.
(3) An estimate of the total amount of capital exported
from Russia during the previous fiscal year and an analysis of
the reasons for the export of such capital.
SEC. 4. REQUIREMENT TO OPPOSE ASSISTANCE TO RUSSIA FROM INTERNATIONAL
FINANCIAL INSTITUTIONS.
The President should instruct the United States executive director
of each international financial institution to use the voice and vote
of the United States to oppose any assistance from that financial
institution to Russia unless Russia is in compliance with the
requirements contained in section 2.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Foreign assistance.--The term ``foreign assistance''
means assistance under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (22
U.S.C. 5801 et seq.), or the Cooperative Threat Reduction Act
of 1993 (22 U.S.C 5951 et seq.), except that such term does not
include--
(A) humanitarian assistance;
(B) educational and cultural exchanges between the
United States and Russia;
(C) assistance provided for the promotion of
democratic political reform and the rule of law; and
(D) assistance for safety upgrades of civilian
nuclear power plants.
(2) Goods or technology.--The term ``goods or technology''
has the meaning given such term in section 1608(3) of the Iran-
Iraq Arms Non-Proliferation Act of 1992 (50 U.S.C. 1701 note).
(3) International financial institution.--The term
``international financial institution'' means the European Bank
for Reconstruction and Development, the International Bank for
Reconstruction and Development, the International Development
Association, the International Financial Corporation, the
Global Environmental Facility, the Multilateral Investment
Guaranty Agency, or the International Monetary Fund.
(4) Other independent states of the former soviet union.--
The term ``other independent states of the former Soviet
Union'' means the following: Armenia, Azerbaijan, Belarus,
Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
SEC. 6. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
shall apply only with respect to fiscal years beginning on or after the
date of the enactment of this Act.
(b) Exceptions.--In the case of the fiscal year in which this Act
is enacted--
(1) the prohibition contained in section 2 shall apply with
respect to the obligation or expenditure of foreign assistance
on or after the date of the enactment of this Act (including
foreign assistance which has been obligated but not expended
before the date of the enactment of this Act); and
(2) the requirement contained in section 4 shall apply with
respect to the provision of assistance by an international
financial institution on or after the date of the enactment of
this Act. | Freedom and Self-Determination for the Former Soviet Union Act - Prohibits the obligation or expenditure of foreign assistance for Russia for any fiscal year unless the President certifies to the Congress for such fiscal year that: (1) the President has received satisfactory assurances from the Government of Russia, confirmed by the Federal Bureau of Investigation, that Russia's intelligence activities in the United States are confined to routine, non-adversarial information gathering; (2) Russia is making progress toward the unconditional implementation of the Russian-Moldovan troop withdrawal agreement and that the Russian Government is not providing military assistance to any military forces in the Transdniestra region of Moldova; (3) Russian forces in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and neighboring countries and are not offensively postured against any other countries; (4) the activities of Russia in the independent states of the former Soviet Union do not represent an attempt by Russia to diminish the sovereignty and independence of such states; (5) Russia is not providing military assistance to any Bosnian Serb military units or combatants or to the Government of the Federal Republic of Yugoslavia; (6) Russia is not providing any intelligence information to Cuba or assistance to Cuba with respect to the signal intelligence facility at Lourdes or the nuclear facility at Cienfuegos; (7) Russia is not providing to Iran, Iraq, Syria, China, or other countries whose governments have provided support for international terrorism, any goods or technology which could contribute to the acquisition of chemical, biological, nuclear, or advanced conventional weapons; (8) Russia is in strict compliance with all arms control agreements, as well as with all trade and financial agreements, with the United States; and (9) Russia has ceased all strategic nuclear weapons modernization.
Requires the President and the Comptroller General to report to the Congress for each fiscal year: (1) the amount of foreign assistance provided to Russia for the preceding fiscal year; (2) a detailed accounting of the amount of foreign assistance appropriated which has not been expended and its status; and (3) an estimate of the total amount of capital exported from Russia during the previous fiscal year, along with an analysis of reasons for such export.
Urges the President to instruct the U.S. executive directors of the international financial institutions to oppose assistance to Russia unless Russia is in compliance with this Act's requirements. | {"src": "billsum_train", "title": "Freedom and Self-Determination for the Former Soviet Union Act"} | 1,423 | 500 | 0.796751 | 2.86515 | 0.896729 | 5.478166 | 2.866812 | 0.971616 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Neighborhood Reclamation
Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The subprime mortgage foreclosure crisis has led to the
widespread and unprecedented abandonment of housing in many
urban neighborhoods.
(2) Communities that have experienced a significant
decrease in population since 1980 due to the loss of well-
paying manufacturing jobs and subsequent economic decline were
already subject to a severe problem of vacant and abandoned
housing when the subprime mortgage foreclosure crisis struck,
further exacerbating the problem.
(3) Although the prompt demolition and removal of vacant
and abandoned housing is necessary in order to protect public
health and safety, communities experiencing both economic
decline and large numbers of subprime mortgage foreclosures
have insufficient resources to demolish and remove such housing
in a timely manner.
(4) Emergency grant assistance to such communities would
enable them to quickly demolish and remove vacant and abandoned
housing in order to promote public health and safety, and to
create open space that could be used for park land, recreation,
future economic and residential development, or other purposes
that would benefit such communities.
SEC. 3. GRANT PROGRAM TO ASSIST MUNICIPALITIES WITH A VACANT HOUSING
PROBLEM.
(a) Authority To Make Grants.--From the amounts appropriated under
section 4, the Secretary of Housing and Urban Development shall make
grants to eligible units of general local government for the purpose of
neighborhood reclamation in accordance with subsection (c).
(b) Eligibility Requirements.--To be eligible to receive a grant
under subsection (a), a unit of general local government shall submit
to the Secretary, at such time and in such manner as the Secretary may
require pursuant to regulations, an application that demonstrates that
such local government has--
(1) experienced significant population loss within its
jurisdiction since 1980, as measured by decennial census data;
(2) neighborhoods or other areas within its jurisdiction
with--
(A) a high incidence of vacant and abandoned
housing, or other vacant and abandoned structures,
located in areas that are primarily residential in
character; and
(B) substantial urban decay and neighborhood
degradation resulting from such housing or such other
structures; and
(3) a comprehensive plan for the demolition of all such
housing, and such other structures, within the jurisdiction of
such local government, that will increase the stability of
neighborhoods, or promote the rational utilization of land,
within the jurisdiction of such local government.
(c) Purposes.--A unit of local government awarded a grant under
subsection (a), shall use such grant to fund--
(1) the demolition of vacant and abandoned housing, and
other vacant and abandoned structures, located in areas that
are primarily residential in character, and which are within
the jurisdiction of such local government, pursuant to such
local government's comprehensive plan for demolition under
subsection (b)(3);
(2) prior to demolition, the abatement of any health and
safety hazards in accordance with applicable State and Federal
laws, within such housing or such other structures, or on the
site upon which such housing or other structures are located;
and
(3) after demolition--
(A) the capping or removal of utility connections
and public infrastructure, including street pavements
and sewer lines; and
(B) the rehabilitation of a site for use as public
open space, inclusion in a land bank, or for sale.
(d) Reports.--One year after the Secretary awards a grant under
this Act to a unit of general local government, such local government
shall submit to the Secretary a report on--
(1) the number of houses and other structures demolished,
and the number of houses and other structures remaining to be
demolished, pursuant to such local government's comprehensive
plan under subsection (b)(3); and
(2) the amount of site rehabilitation completed pursuant to
subsection (c)(3)(B).
(e) Relation to Other Programs of the Department of Housing and
Urban Development.--The Secretary's award of a grant under this Act to
a unit of general local government shall not affect a decision by the
Secretary to award funding to such local government for the demolition
of vacant and abandoned housing under any other program of the
Department of Housing and Urban Development.
(f) Relation to Other Law.--Nothing in this Act shall be construed
to waive any obligations under local, State, and Federal law.
(g) Public Housing.--Funds made available under this Act shall not
be used to demolish public housing, as such term is defined in section
3 of the United States Housing Act of 1937 (42 U.S.C. 1437a).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
$1,000,000,000 for fiscal year 2009, and such sums as are necessary for
each fiscal year thereafter.
SEC. 5. IMPLEMENTATION.
(a) Effective Date.--This Act shall take effect not later than 60
days after the date that funds are appropriated or otherwise made
available to carry out this Act.
(b) Interim Regulations.--The Secretary shall issue such interim
regulations as may be necessary to implement this Act not later than 60
days after the effective date in subsection (a).
(c) Final Regulations.--The Secretary shall issue final regulations
necessary to implement this Act not later than 180 days after such
effective date.
SEC. 6. DEFINITIONS.
In this Act--
(1) the term ``Secretary'' means the Secretary of Housing
and Urban Development;
(2) the term ``unit of general local government'' means a
unit of general local government as defined in section 102 of
the Housing and Community Development Act of 1974 (42 U.S.C.
5302); and
(3) the term ``other vacant and abandoned structures''
means vacant and abandoned structures not used for residential
purposes, or used for a combination of residential and other
purposes. | Emergency Neighborhood Reclamation Act of 2008 - Requires the Secretary of Housing and Urban Development (HUD) to make grants to eligible units of general local government for neighborhood reclamation.
Specifies grant applicant eligibility requirements, including a comprehensive plan for the demolition of all vacant and abandoned housing and other structures within the local government's jurisdiction that will increase the stability of neighborhoods, or promote the rational utilization of land within that jurisdiction.
Requires the use of such grant to fund: (1) the demolition of vacant and abandoned housing, and other vacant and abandoned structures, located in areas that are primarily residential in character; (2) the abatement, before demolition, of any health and safety hazards within such housing or structures, or on the site upon which such housing or other structures are located; and (3) the capping or removal, after demolition, of utility connections and public infrastructure, including street pavements and sewer lines, and the rehabilitation of a site for use as public open space, inclusion in a land bank, or for sale.
Prohibits the use of funds made available under this Act to demolish public housing. | {"src": "billsum_train", "title": "To authorize the Secretary of Housing and Urban Development to make grants to assist local governments with vacant housing problems, and for other purposes."} | 1,280 | 237 | 0.635331 | 1.808324 | 0.917854 | 5.87156 | 5.59633 | 0.954128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Adult Day Care Services Act
of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Adult day care offers services, including medical care,
rehabilitation therapies, dignified assistance with activities
of daily living, nutrition therapy, health monitoring, social
interaction, stimulating activities, and transportation, to
seniors who are frail, physically challenged, or cognitively
impaired at no extra cost to the medicare program.
(2) The care given at adult day care centers provides
seniors and their familial caregivers support that is critical
to keeping the senior in the family home.
(3) One quarter of all workers provide some form of elder
care for those age 65 and older, and by 2007, the number of
households involved in caregiving to persons age 50 or older
could reach 39 million.
(4) The pool of potential family caregivers, who are
primarily women and who provide an estimated $257,000,000,000
in ``free'' services annually, is dwindling, from 11 potential
caregivers for each person needing care today to a projected 4
to 1 ratio in 2050.
(5) Caregiving families tend to have lower incomes than
non-caregiving families, and the average caregiver loses
$659,139 in wages, pension benefits, and Social Security
benefits over a lifetime.
(6) The loss in productivity in United States businesses
attributable to caregivers for aging or ailing seniors ranges
from $11,000,000,000 to $29,000,000,000 annually.
(7) Adult day care centers, located in every State in the
United States and the District of Columbia, serve as quality
health options to treat our Nation's elderly population, which
is about to dramatically increase with the aging of the baby
boomer generation.
SEC. 3. MEDICARE COVERAGE OF SUBSTITUTE ADULT DAY CARE SERVICES.
(a) Substitute Adult Day Care Services Benefit.--
(1) In general.--Section 1861(m) of the Social Security Act
(42 U.S.C. 1395x(m)) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``or paragraph (8)'' after ``paragraph (7)'';
(B) in paragraph (6), by striking ``and'' at the
end;
(C) in paragraph (7), by adding ``and'' at the end;
and
(D) by inserting after paragraph (7), the following
new paragraph:
``(8) substitute adult day care services (as defined in
subsection (bbb));''.
(2) Substitute adult day care services defined.--Section
1861 of the Social Security Act (42 U.S.C. 1395x) is amended by
adding at the end the following new subsection:
``Substitute Adult Day Care Services; Adult Day Care Facility
``(bbb)(1)(A) The term `substitute adult day care services' means
the items and services described in subparagraph (B) that are furnished
to an individual by an adult day care facility as a part of a plan
under subsection (m) that substitutes such services for a portion of
the items and services described in subparagraph (B)(i) furnished by a
home health agency under the plan, as determined by the physician
establishing the plan.
``(B) The items and services described in this subparagraph are the
following items and services:
``(i) Items and services described in paragraphs (1)
through (7) of subsection (m).
``(ii) Transportation of the individual to and from the
adult day care facility in connection with any such item or
service.
``(iii) Meals.
``(iv) A program of supervised activities (that meets such
criteria as the Secretary determines appropriate) designed to
promote physical and mental health that are furnished to the
individual by the adult day care facility in a group setting
for a period of not fewer than 4 and not greater than 12 hours
per day.
``(v) A medication management program (as defined in
subparagraph (C)).
``(C) For purposes of subparagraph (B)(v), the term `medication
management program' means a program of education and services (that
meets such criteria as the Secretary determines appropriate) to
minimize--
``(i) unnecessary or inappropriate use of prescription
drugs; and
``(ii) adverse events due to unintended prescription drug-
to-drug interactions.
``(2)(A) Except as provided in subparagraph (B), the term `adult
day care facility' means a public agency or private organization, or a
subdivision of such an agency or organization, that--
``(i) is engaged in providing skilled nursing services and
other therapeutic services directly or under arrangement with a
home health agency;
``(ii) meets such standards established by the Secretary to
assure quality of care and such other requirements as the
Secretary finds necessary in the interest of the health and
safety of individuals who are furnished services in the
facility;
``(iii) provides the items and services described in
paragraph (1)(B); and
``(iv) meets the requirements of paragraphs (2) through (8)
of subsection (o).
``(B) The Secretary may waive the requirement of a surety bond
under paragraph (7) of subsection (o) in the case of an agency or
organization that provides a comparable surety bond under State law.
``(C) For purposes of payment for home health services consisting
of substitute adult day care services furnished under this title, any
reference to a home health agency is deemed to be a reference to an
adult day care facility.
``(D) Nothing in this paragraph shall be construed as prohibiting a
home health agency from--
``(i) establishing a substitute adult day care facility; or
``(ii) providing services under arrangements with a
substitute adult day care facility.''.
(3) Conforming amendments.--Sections 1814(a)(2)(C) and
1835(a)(2)(A)(i) of the Social Security Act (42 U.S.C.
1395f(a)(2)(C) and 1395n(a)(2)(A)(i)) are each amended by
striking ``section 1861(m)(7)'' and inserting ``paragraph (7)
or (8) of section 1861(m)''.
(b) Payment for Substitute Adult Day Care Services Under the Home
Health Prospective Payment System.--Section 1895 of the Social Security
Act (42 U.S.C. 1395fff) is amended--
(1) in the first sentence of paragraph (b)(1), by inserting
after ``home health services'' the following: ``or home health
services consisting of substitute adult day care services.'';
and
(2) by adding at the end the following new subsection:
``(f) Payment Rate and Limitation on Payment for Substitute Adult
Day Care Services.--
``(1) Payment rate.--
``(A) In general.--The Secretary shall determine
each component (as defined by the Secretary) of
substitute adult day care services (under section
1861(bbb)(1)(B)(i)) furnished to an individual under
the plan of care established under section 1861(m) with
respect to such services.
``(B) Estimation of payment amount.--The Secretary
shall estimate the amount that would otherwise be
payable under this section for all home health services
under that plan of care other than substitute adult day
care services for a week or other period specified by
the Secretary.
``(C) Amount of payment.--The total amount payable
for home health services consisting of substitute adult
day care services under such plan of care is equal to
the amount estimated to be payable under subparagraph
(B) furnished under the plan by a home health agency.
``(2) Limitations.--
``(A) In general.--With respect to home health
services consisting of substitute adult day care
services, no payment may be made under this section for
home health services consisting of substitute adult day
care services described in clauses (ii) through (v) of
section 1861(bbb)(1)(B).
``(B) Limitation on balance billing.--An adult day
care facility shall accept as payment in full for
substitute adult day care services (including those
services described in clauses (ii) through (v) of
section 1861(bbb)(1)(B)) furnished by the facility to
an individual entitled to benefits under this title the
amount of payment provided under this section for home
health services consisting of substitute adult day care
services.''.
(c) Consolidated Billing.--Section 1862(a) of the Social Security
Act (42 U.S.C. 1395y(a)), is amended--
(1) by striking ``or'' at the end of paragraph (21);
(2) by striking the period at the end of paragraph (22) and
inserting ``; or''; and
(3) by inserting after paragraph (22) the following new
paragraph:
``(23) which are substitute adult day care services for
which payment may be made under section 1895(f) and which are
furnished to an individual by a substitute adult day care
facility pursuant to a plan of care established under section
1861(m) with respect to such services, by an entity other than
the substitute adult day care facility, unless the services are
furnished under arrangements (as defined in section 1861(w)(1))
with the entity made by the substitute adult day care
facility.''.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2006.
(e) Relationship to Demonstration Project.--(1) Notwithstanding
subsection (d) of section 703 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2336), the Secretary may terminate the demonstration project for
medical adult day care services established under such section 703, but
in no case earlier than the date on which the Secretary has fully
implemented the preceding provisions of this section. The Secretary
shall ensure that individuals receiving medical adult day care services
under such demonstration program do not experience any interruption in
the receipt of such services by reason of the termination of the
demonstration program.
(2) Section 703 of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2336) is
amended by striking subsection (h). | Medicare Adult Day Care Services Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of substitute adult day care services. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program of substitute adult day care services."} | 2,334 | 40 | 0.442157 | 1.03795 | 0.30355 | 5.125 | 66.625 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invasive Pest Control Act of 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the importation of unprocessed logs, lumber, and other
unmanufactured wood articles into the United States may result
in the introduction of nonindigenous pests and pathogens to
native North American forests;
(2) when environmental conditions are favorable,
nonindigenous pests and pathogens may prey on and devastate
native North American tree species, devastate habitat, disrupt
other native species and the environment, and disrupt the
economy of affected forest areas;
(3) the Comptroller General of the United States has
reported that the potential economic disruption to communities
affected by nonindigenous pests and pathogens entering the
United States, including forest pests, costs an estimated
$41,000,000,000 annually in lost production and expenses for
prevention and control;
(4) commercial forestry is estimated to lose forest
products valued at $4,000,000,000 each year due to infestations
of nonindigenous pests and pathogens;
(5) once introduced into the United States on unprocessed
logs, lumber, and other unmanufactured wood articles,
nonindigenous pests and pathogens are unintentionally or
unknowingly transported and introduced into inland forests and
habitats by truck transport and train shipment to mills,
consumers, and producers and by a variety of other means,
including wind, water, and wildlife;
(6) examples of nonindigenous pests and pathogens infesting
forests of the United States that have caused or have the
potential to cause adverse economic and ecological effects
include--
(A) Dutch Elm disease, which--
(i) was introduced into the United States
in the 1920's with a shipment of European logs
delivered to the Port of New York and then
forwarded to the Midwest by train;
(ii) has spread throughout the United
States, now to an estimated 1,000,000 trees;
and
(iii) has decimated the American and other
native elm species;
(B) the Gypsy Moth, which--
(i) has no natural predators in the United
States;
(ii) spread rapidly and now infests
Northeast forest in approximately 200,000
square miles, with smaller infestations
occurring in several other areas from the
Carolinas to British Columbia; and
(iii) feeds on hundreds of different tree
species and during outbreaks can defoliate many
hardwood and shrub species in their path,
seriously weakening trees and stunting the
growth of, and eventually killing, many of the
trees;
(C) the Asian Long-Horned Beetle, which--
(i) is a new exotic pest that has been
discovered at ports across the United States;
(ii) has no natural enemies and has
attacked mostly Norway and sugar maples, some
of the most valuable trees in the Northeast;
and
(iii) is considered a serious threat to the
maple sugar industry, lumber industry,
homeowner property values, and tourism in the
Northeast; and
(D) more recent nonindigenous pests and pathogens
that have become established in the forests of the
United States and are causing economic and ecological
degradation with respect to the natural forest
resources of the United States, including the Port
Orford Cedar Root Rot, the Pine Wilt disease, the
Eurasian poplar rust fungus (discovered on the West Coast), and the
pine shoot beetle (introduced in the Great Lakes area); and
(7) if preventive management measures are not taken in a
timely manner throughout the United States to prevent
nonindigenous pests and pathogens from entering the United
States on unprocessed wood products or to control their entry,
further introductions and infestations of nonindigenous plants
and pathogens will occur.
SEC. 3. PURPOSES.
The purpose of this Act are--
(1) to prevent the unintentional introduction and
dispersion of nonindigenous pests and pathogens into forests of
the United States through the importation of unprocessed logs,
lumber, and other unmanufactured wood articles;
(2) to preserve and protect the health of the forests of
the United States, the forest-dependent economy of the United
States, native North American tree species, and irreplaceable
habitat from the potentially devastating effects of
nonindigenous pests and pathogens;
(3) to coordinate federally conducted, funded, or
authorized research, prevention, control, information
dissemination, and other activities regarding forest pests and
pathogens; and
(4) to understand and minimize the economic and ecological
impact of nonindigenous pests and pathogens.
SEC. 4. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Treatment.--The term ``treatment'' means--
(A) in the case of--
(i) a wood article that is greater than 14
centimeters in diameter at the broadest point;
and
(ii) wood chips, sawdust, wood mulch, and
wood shavings;
debarking and heating the wood article until the core
reaches at least 71.1 degrees Celsius for at least 75
minutes; and
(B) in the case of a wood article that is less than
14 centimeters in diameter at the broadest point--
(i) fumigation with an effective fumigant;
(ii) kiln drying according to the Dry Kiln
Operator's Manual, Agriculture Handbook No.
188; or
(iii) pressure treatment with an effective
chemical preservative.
(3) Wood article.--The term ``wood article'' means a log,
lumber, whole tree, cut tree or portion of a tree (not solely
consisting of leaves), flower, fruit, bud, seed, bark, cork,
lath, hog fuel, sawdust, painted raw wood product, excelsior
(wood wool), wood chip, wood mulch, wood shaving, picket,
stake, shingle, pallet, wood packing material, humus, compost,
or litter, that is unprocessed or has received only primary
processing.
SEC. 5. RESTRICTIONS ON MOVEMENT OF PLANTS, PLANT PRODUCTS, BIOLOGICAL
CONTROL ORGANISMS, PLANT PESTS, NOXIOUS WEEDS, WOOD
ARTICLES, AND MEANS OF CONVEYANCE.
(a) In General.--Except as provided in subsection (b), the
Secretary may prohibit or restrict the importation, entry, exportation,
or movement in interstate commerce of a plant, plant product,
biological control organism, plant pest, noxious weed, wood article, or
means of conveyance if the Secretary determines that the prohibition or
restriction is necessary to prevent the introduction into the United
States or the interstate dispersion of a nonindigenous pest, pathogen,
or noxious weed.
(b) Imported Wood Articles.--Each wood article (other than a
pallet, solid wood packing material, or dunnage) to be imported into
the United States shall be--
(1) subject to treatment not more than 24 hours prior to
importation, in the exporting country or a hold aboard a ship
during transport; and
(2) subject to treatment not later than 24 hours after
importation at the United States port of entry.
(c) Pallets and Solid Wood Packing Materials.--
(1) Treatment during interim period.--During the 5-year
period beginning on the date of enactment of this Act, each
pallet, solid wood packing material, and dunnage composed of
wood used to import an article into the United States shall
be--
(A) subject to treatment in accordance with its
dimensions prior to first importation into the United
States; and
(B) marked with an international symbol designating
the treatment method.
(2) Prohibition after interim period.--Effective beginning
on the date that is 5 years after the date of enactment of this
Act, the importation into the United States of a pallet,
packing material, or dunnage composed of wood is prohibited.
SEC. 6. PLANT HEALTH AND ECOSYSTEM PROTECTION TASK FORCE.
(a) In General.--There is established a ``Plant Health and
Ecosystem Protection Task Force''.
(b) Membership.--The membership of the Task Force shall consist
of--
(1) the Secretary of Agriculture or a designee;
(2) the Administrator of the Animal and Plant and Health
Inspection Service;
(3) a representative of each Federal agency with
responsibility for managing natural resources (as determined by
the President), appointed by the head of the agency,
including--
(A) the Forest Service;
(B) the Bureau of Land Management;
(C) the National Park Service;
(D) the United States Fish and Wildlife Service;
(E) the National Oceanic and Atmospheric
Administration;
(F) the Agricultural Research Service;
(G) the Agricultural Marketing Service;
(H) the Natural Resource Conservation Service; and
(I) the Environmental Protection Agency;
(4) a representative of the agency of each State
responsible for managing natural resources in the State,
appointed by the Governor of the State;
(5) a representative of each nongovernmental organization
with an interest or expertise in plant health and ecosystem
protection (as determined by the President), appointed by the
head of the organization, including representatives of--
(A) public interest environmental groups;
(B) affected industry representatives;
(C) ecologists; and
(D) scientists in relevant disciplines.
(c) Duties.--The Task Force shall develop criteria for establishing
precautionary phytosanitary procedures to minimize the likelihood of
the introduction or dispersion of nonindigenous pests and pathogens in
the course of international or interstate commerce or travel.
SEC. 7. FEES.
The Secretary of the Treasury shall--
(1) require a person that imports a wood article into the
United States to obtain a permit before the article may be
imported into the United States;
(2) require the person to pay an application fee for the
permit, in an amount determined by the Secretary of
Agriculture; and
(3) transfer all fees collected under paragraph (2) to the
Fund established under section 8.
SEC. 8. PEST REDUCTION IN WOOD ARTICLES FUND.
(a) Establishment.--There is established in the Treasury of the
United States a revolving fund, to be known as the ``Pest Reduction in
Wood Articles Fund'', to be used in accordance with this section
(referred to in this section as the ``Fund''), consisting of--
(1) such amounts as are appropriated to the Fund under
subsection (b); and
(2) any interest earned on investment of amounts in the
Fund under subsection (d).
(b) Transfers to Fund.--There are appropriated to the Fund amounts
equivalent to amounts collected as fees and received in the Treasury
under section 7.
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary of Agriculture, the Secretary of the Treasury
shall transfer from the Fund to the Secretary of Agriculture
such amounts as the Secretary of Agriculture determines are
necessary to support the costs of certifying treatment
facilities and conducting research to develop appropriate
technology for the control of the importation of nonindigenous
species on unprocessed logs, lumber, and other unmanufactured
wood articles.
(2) Administrative expenses.--An amount not exceeding 10
percent of the amounts in the Fund shall be available in each
fiscal year to pay the administrative expenses necessary of
carrying out this Act.
(d) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the 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
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
Fund shall be credited to and form a part of the Fund. | Invasive Pest Control Act of 1998 - Authorizes the Secretary of Agriculture to restrict or prohibit the importation, entry, exportation, or movement in interstate commerce of a plant, plant product, biological control organism, plant pest, noxious weed, wood article, or means of conveyance in order to prevent the introduction into the United States or the interstate dispersion of a nonindigenous pest, pathogen, or noxious weed.
Subjects to treatment: (1) imported wood articles prior to and after U.S. entry; and (2) pallets and solid wood packing materials used to import materials into the United States. Prohibits the U.S. entry of such pallets and packing materials after a specified interim period.
(Sec. 6) Establishes a Plant Health and Ecosystem Protection Task Force which shall develop criteria for phytosanitary procedures to minimize the introduction or dispersion of nonindigenous pests and pathogens.
(Sec. 7) Subjects wood article importers to license and fee requirements.
(Sec. 8) Establishes in the Treasury the Pest Reduction in Wood Articles Fund. | {"src": "billsum_train", "title": "Invasive Pest Control Act of 1998"} | 2,743 | 253 | 0.495118 | 1.561945 | 0.654865 | 5.120603 | 12.462312 | 0.899497 |
SECTION 1. GRANTS TO ADDRESS DOMESTIC VIOLENCE IN HEALTH CARE SETTINGS.
(a) In General.--The Family Violence Prevention and Services Act
(42 U.S.C. 10401 et seq.) is amended by adding at the end the
following:
``SEC. 319. GRANTS TO ADDRESS DOMESTIC VIOLENCE IN HEALTH CARE
SETTINGS.
``(a) General Purpose Grants.--The Secretary, acting through the
Office of Family Violence and Prevention Services of the Administration
for Children and Families, may award grants to eligible State and local
entities to strengthen the State and local health care system's
response to domestic violence by building the capacity of health care
professionals and staff to identify, address, and prevent domestic
violence.
``(b) State Grants.--
``(1) In general.--The Secretary may award grants under
subsection (a) to entities eligible under paragraph (2) for the
conduct of not to exceed 10 Statewide programs for the design
and implementation of Statewide strategies to enable health
care workers to improve the health care system's response to
treatment and prevention of domestic violence as provided for
in subsection (d).
``(2) Eligible entities.--To be eligible to receive a grant
under paragraph (1) an entity shall--
``(A) be a State health department, nonprofit State
domestic violence coalition, State professional medical
society, State health professional association, or
other nonprofit or State entity with a documented
history of effective work in the field of domestic
violence;
``(B) demonstrate to the Secretary that such entity
is representing a team of organizations and agencies
working collaboratively to strengthen the health care
system's response to domestic violence; and
``(C) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(3) Limitation.--The Secretary may not award a grant to a
State health department under paragraph (1) unless the State
health department can certify that State laws, policies, and
practices do not require the mandatory reporting of domestic
violence by health care professionals and staff when the victim
is an adult.
``(4) Term and amount.--A grant under this section shall be
for a term of 4 years and for an amount not to exceed
$2,000,000 for each such year.
``(c) Local Demonstration Grants.--
``(1) In general.--The Secretary may award grants under
subsection (a) to entities eligible under paragraph (2) for the
conduct of not to exceed 10 demonstration projects for the
design and implementation of a strategy to improve the response
of local health care professionals and staff to the treatment
and prevention of domestic violence.
``(2) Eligible entities.--To be eligible to receive a grant
under paragraph (1) an entity shall--
``(A) be a local health department, local nonprofit
domestic violence organization or service provider,
local professional medical society or health
professional association, or other nonprofit or local
government entity that has a documented history of
effective work in the field of domestic violence;
``(B) demonstrate to the Secretary that such entity
is representing a team of organizations working
collaboratively to strengthen the health care system's
response to domestic violence; and
``(C) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(3) Term and amount.--A grant under this section shall be
for a term of 3 years and for an amount not to exceed $450,000
for each such year.
``(d) Use of Funds.--Amounts provided under a grant under this
section shall be used to design and implement comprehensive Statewide
and local strategies to improve the health care setting's response to
domestic violence in hospitals, clinics, managed care settings,
emergency medical services, and other health care systems. Such a
strategy shall include--
``(1) the development, implementation, and dissemination of
policies and procedures to guide health care professionals and
staff responding to domestic violence;
``(2) the training of, and providing follow-up technical
assistance to, health care professionals and staff to screen
for domestic violence, and then to appropriately assess, record
in medical records, treat, and refer patients who are victims
of domestic violence to domestic violence services;
``(3) the implementation of practice guidelines for
widespread screening and recording mechanisms to identify and
document domestic violence, and the institutionalization of
such guidelines and mechanisms in quality improvement
measurements such as patient record reviews, staff interviews,
patient surveys, or other methods used to evaluate and enhance
staff compliance with protocols;
``(4) the development of an on-site program to address the
safety, medical, mental health, and economic needs of patients
who are victims of domestic violence achieved either by
increasing the capacity of existing health care professionals
and staff to address these issues or by contracting with or
hiring domestic violence advocates to provide the services;
``(5) the development of innovative and effective
comprehensive approaches to domestic violence identification,
treatment, and prevention models unique to managed care
settings, such as--
``(A) exploring ways to include compensated health
care professionals and staff for screening and other
services related to domestic violence;
``(B) developing built-in incentives such as
billing mechanisms and protocols to encourage health
care professionals and staff to implement screening and
other domestic violence programs; and
``(C) contracting with community agencies as
vendors to provide domestic violence victims access to
advocates and services in health care settings; and
``(6) the collection of data, implementation of patient and
staff surveys, or other methods of measuring the effectiveness
of their programs and for other activities identified as
necessary for evaluation by the evaluating agency.
``(e) Evaluation.--The Secretary may use not to exceed 5 percent of
the amount appropriated for a fiscal year under subsection (e) to
evaluate the economic and health benefits of the programs and
activities conducted by grantees under this section and the extent to
which the institutionalization of protocols, practice guidelines, and
recording mechanisms has been achieved.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $24,500,000 for each of the fiscal years 2000
through 2002; and
``(B) $20,000,000 for fiscal year 2003.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.''.
(b) Technical Amendment.--Section 305(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10405(a)) is amended--
(A) by striking ``an employee'' and inserting ``one
or more employees''; and
(B) by striking ``individual'' and inserting
``individuals''. | Amends the Family Violence Prevention and Services Act to direct the Secretary of Health and Human Services to award grants to States and local health care entities to strengthen their response to domestic violence by building the capacity of health care professionals and staff to identify, address, and prevent domestic violence. Prescribes guidelines for State and local demonstration grants. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to provide grants to strengthen State and local health care systems' response to domestic violence by building the capacity of health care professionals and staff to identify, address, and prevent domestic violence."} | 1,474 | 75 | 0.616426 | 1.38703 | 0.826761 | 5.075758 | 21.787879 | 0.893939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadcast Decency Enforcement Act of
2004''.
SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, AND PROFANE
BROADCASTS.
Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C.
503(b)(2)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Notwithstanding subparagraph (A), if the violator is (i) a
broadcast station licensee or permittee, or (ii) an applicant for any
broadcast license, permit, certificate, or other instrument or
authorization issued by the Commission, and the violator is determined
by the Commission under paragraph (1) to have broadcast obscene,
indecent, or profane material, the amount of any forfeiture penalty
determined under this section shall not exceed $500,000 for each
violation.''; and
(3) in subparagraph (D), as redesignated by paragraph (1)
of this subsection--
(A) by striking ``subparagraph (A) or (B)'' and
inserting ``subparagraph (A), (B), or (C)''; and
(B) by adding at the end the following:
``Notwithstanding the preceding sentence, if the
violator is determined by the Commission under
paragraph (1) to have uttered obscene, indecent, or
profane material (and the case is not covered by
subparagraph (A), (B), or (C)), the amount of any
forfeiture penalty determined under this section shall
not exceed $500,000 for each violation.''.
SEC. 3. ADDITIONAL FACTORS IN INDECENCY PENALTIES; EXCEPTION.
Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C.
503(b)(2)) is further amended by adding at the end (after subparagraph
(E) as redesignated by section 2(1) of this Act) the following new
subparagraphs:
``(F) In the case of a violation in which the violator is
determined by the Commission under paragraph (1) to have uttered
obscene, indecent, or profane material, the Commission shall take into
account, in addition to the matters described in subparagraph (E), the
following factors:
``(i) With respect to the degree of culpability of the
violator, the following:
``(I) whether the material uttered by the violator
was live or recorded, scripted or unscripted;
``(II) whether the violator had a reasonable
opportunity to review recorded or scripted programming
or had a reasonable basis to believe live or unscripted
programming may contain obscene, indecent, or profane
material;
``(III) if the violator originated live or
unscripted programming, whether a time delay blocking
mechanism was implemented for the programming;
``(IV) the size of the viewing or listening
audience of the programming; and
``(V) whether the programming was part of a
children's television program as described in the
Commission's children's television programming policy
(47 CFR 73.4050(c)).
``(ii) With respect to the violator's ability to pay, the
following:
``(I) whether the violator is a company or
individual; and
``(II) if the violator is a company, the size of
the company and the size of the market served.
``(G) A broadcast station licensee or permittee that receives
programming from a network organization, but that is not owned or
controlled, or under common ownership or control with, such network
organization, shall not be subject to a forfeiture penalty under this
subsection for broadcasting obscene, indecent, or profane material,
if--
``(i) such material was within live or recorded programming
provided by the network organization to the licensee or
permittee; and
``(ii)(I) the programming was recorded or scripted, and the
licensee or permittee was not given a reasonable opportunity to
review the programming in advance; or
``(II) the programming was live or unscripted, and the
licensee or permittee had no reasonable basis to believe the
programming would contain obscene, indecent, or profane
material.
The Commission shall by rule define the term `network organization' for
purposes of this subparagraph.''.
SEC. 4. INDECENCY PENALTIES FOR NONLICENSEES.
Section 503(b)(5) of the Communications Act of 1934 (47 U.S.C.
503(b)(5) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(2) by inserting ``(A)'' after ``(5)'';
(3) by redesignating the second sentence as subparagraph
(B);
(4) in such subparagraph (B) as redesignated--
(A) by striking ``The provisions of this paragraph
shall not apply, however,'' and inserting ``The
provisions of subparagraph (A) shall not apply (i)'';
(B) by striking ``operator, if the person'' and
inserting ``operator, (ii) if the person'';
(C) by striking ``or in the case of'' and inserting
``(iii) in the case of''; and
(D) by inserting after ``that tower'' the
following: ``, or (iv) in the case of a determination
that a person uttered obscene, indecent, or profane
material that was broadcast by a broadcast station
licensee or permittee, if the person is determined to
have willfully or intentionally made the utterance'';
and
(5) by redesignating the last sentence as subparagraph (C).
SEC. 5. DEADLINES FOR ACTION ON COMPLAINTS.
Section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(b))
is amended by adding at the end thereof the following new paragraph:
``(7) In the case of an allegation concerning the utterance of
obscene, indecent, or profane material that is broadcast by a station
licensee or permittee--
``(A) within 180 days after the date of the receipt of such
allegation, the Commission shall--
``(i) issue the required notice under paragraph (3)
to such licensee or permittee or the person making such
utterance;
``(ii) issue a notice of apparent liability to such
licensee or permittee or person in accordance with
paragraph (4); or
``(iii) notify such licensee, permittee, or person
in writing, and any person submitting such allegation
in writing or by general publication, that the
Commission has determined not to issue either such
notice; and
``(B) if the Commission issues such notice and such
licensee, permittee, or person has not paid a penalty or
entered into a settlement with the Commission, within 270 days
after the date of the receipt of such allegation, the
Commission shall--
``(i) issue an order imposing a forfeiture penalty;
or
``(ii) notify such licensee, permittee, or person
in writing, and any person submitting such allegation
in writing or by general publication, that the
Commission has determined not to issue either such
order.''.
SEC. 6. ADDITIONAL REMEDIES FOR INDECENT BROADCAST.
Section 503 of the Communications Act of 1934 (47 U.S.C. 503) is
further amended by adding at the end the following new subsection:
``(c) Additional Remedies for Indecent Broadcasting.--In any
proceeding under this section in which the Commission determines that
any broadcast station licensee or permittee has broadcast obscene,
indecent, or profane material, the Commission may, in addition to
imposing a penalty under this section, require the licensee or
permittee to broadcast public service announcements that serve the
educational and informational needs of children. Such announcements may
be required to reach an audience that is up to 5 times the size of the
audience that is estimated to have been reached by the obscene,
indecent, or profane material, as determined in accordance with
regulations prescribed by the Commission.''.
SEC. 7. LICENSE DISQUALIFICATION FOR VIOLATIONS OF INDECENCY
PROHIBITIONS.
Section 503 of the Communications Act of 1934 (47 U.S.C. 503) is
further amended by adding at the end (after subsection (c) as added by
section 6) the following new subsection:
``(d) Consideration of License Disqualification for Violations of
Indecency Prohibitions.--If the Commission issues a notice under
paragraph (3) or (4) of subsection (b) to a broadcast station licensee
or permittee looking toward the imposition of a forfeiture penalty
under this Act based on an allegation that the licensee or permittee
broadcast obscene, indecent, or profane material, and either--
``(1) such forfeiture penalty has been paid, or
``(2) a court of competent jurisdiction has ordered payment
of such forfeiture penalty, and such order has become final,
then the Commission shall, in any subsequent proceeding under section
308(b) or 310(d), take into consideration whether the broadcast of such
material demonstrates a lack of character or other qualifications
required to operate a station.''.
SEC. 8. LICENSE RENEWAL CONSIDERATION OF VIOLATIONS OF INDECENCY
PROHIBITIONS.
Section 309(k) of the Communications Act of 1934 (47 U.S.C. 309(k))
is amended by adding at the end the following new paragraph:
``(5) License renewal consideration of violations of
indecency prohibitions.--If the Commission has issued a notice
under paragraph (3) or (4) of section 503(b) to a broadcast
station licensee or permittee with respect to a broadcast
station looking toward the imposition of a forfeiture penalty
under this Act based on an allegation that such broadcast
station broadcast obscene, indecent, or profane material, and--
``(A) such forfeiture penalty has been paid, or
``(B) a court of competent jurisdiction has ordered
payment of such forfeiture penalty, and such order has
become final,
then such violation shall be treated as a serious violation for
purposes of paragraph (1)(B) of this subsection with respect to
the renewal of the license or permit for such station.''.
SEC. 9. LICENSE REVOCATION FOR VIOLATIONS OF INDECENCY PROHIBITIONS.
Section 312 of the Communications Act of 1934 (47 U.S.C. 312) is
amended by adding at the end the following new subsection:
``(h) License Revocation for Violations of Indecency
Prohibitions.--
``(1) Consequences of multiple violations.--If, in each of
3 or more proceedings during the term of any broadcast license,
the Commission issues a notice under paragraph (3) or (4) of
section 503(b) to a broadcast station licensee or permittee
with respect to a broadcast station looking toward the
imposition of a forfeiture penalty under this Act based on an
allegation that such broadcast station broadcast obscene,
indecent, or profane material, and in each such proceeding
either--
``(A) such forfeiture penalty has been paid, or
``(B) a court of competent jurisdiction has ordered
payment of such forfeiture penalty, and such order has
become final,
then the Commission shall commence a proceeding under
subsection (a) of this section to consider whether the
Commission should revoke the station license or construction
permit of that licensee or permittee for such station.
``(2) Preservation of authority.--Nothing in this
subsection shall be construed to limit the authority of the
Commission to commence a proceeding under subsection (a).''.
SEC. 10. REQUIRED CONTENTS OF ANNUAL REPORTS OF THE COMMISSION.
Each annual report submitted by the Federal Communications
Commission after the date of enactment of this Act shall, in accordance
with section 4(k)(2) of the Communications Act of 1934 (47 U.S.C.
154(k)(2)), include the following:
(1) The number of complaints received by the Commission
during the year covered by the report alleging that a broadcast
contained obscene, indecent, or profane material, and the
number of programs to which such complaints relate.
(2) The number of those complaints that have been dismissed
or denied by the Commission.
(3) The number of complaints that have remained pending at
the end of the year covered by the annual report.
(4) The number of notices issued by the Commission under
paragraph (3) or (4) of section 503(b) of the Communications
Act of 1934 (47 U.S.C. 503(b)) during the year covered by the
report to enforce the statutes, rules, and policies prohibiting
the broadcasting of obscene, indecent, or profane material.
(5) For each such notice, a statement of--
(A) the amount of the proposed forfeiture;
(B) the program, station, and corporate parent to
which the notice was issued;
(C) the length of time between the date on which
the complaint was filed and the date on which the
notice was issued; and
(D) the status of the proceeding.
(6) The number of forfeiture orders issued pursuant to
section 503(b) of such Act during the year covered by the
report to enforce the statutes, rules, and policies prohibiting
the broadcasting of obscene, indecent, or profane material.
(7) For each such forfeiture order, a statement of--
(A) the amount assessed by the final forfeiture
order;
(B) the program, station, and corporate parent to
which it was issued;
(C) whether the licensee has paid the forfeiture
order; and
(D) the amount paid by the licensee.
(8) In instances where the licensee has refused to pay,
whether the Commission referred such order to the Department of
Justice to collect the penalty.
(9) In cases where the Commission referred such order to
the Department of Justice--
(A) the number of days from the date the Commission
issued such order to the date the Commission referred
such order to the Department;
(B) whether the Department has commenced an action
to collect the penalty, and if such action was
commenced, the number of days from the date the
Commission referred such order to the Department to the
date the action by the Department commenced; and
(C) whether the collection action resulted in a
payment, and if such action resulted in a payment, the
amount of such payment.
SEC. 11. GAO STUDY OF INDECENT BROADCASTING COMPLAINTS.
(a) Inquiry and Report Required.--The General Accounting Office
shall conduct a study examining--
(1) the number of complaints concerning the broadcasting of
obscene, indecent, and profane material to the Federal
Communications Commission;
(2) the number of such complaints that result in final
agency actions by the Commission;
(3) the length of time taken by the Commission in
responding to such complaints;
(4) what mechanisms the Commission has established to
receive, investigate, and respond to such complaints; and
(5) whether complainants to the Commission are adequately
informed by the Commission of the responses to their
complaints.
(b) Submission of Report.--The General Accounting Office shall
submit a report on the results of such study within one year after the
date of enactment of this Act to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives.
SEC. 12. SENSE OF THE CONGRESS.
(a) Reinstatement of Policy.--It is the sense of the Congress that
the broadcast television station licensees should reinstitute a family
viewing policy for broadcasters.
(b) Definition.--For purposes of this section, a family viewing
policy is a policy similar to the policy that existed in the United
States from 1975 to 1983, as part of the National Association of
Broadcaster's code of conduct for television, and that included the
concept of a family viewing hour.
SEC. 13. IMPLEMENTATION.
(a) Regulations.--The Commission shall prescribe regulations to
implement the amendments made by this Act within 180 days after the
date of enactment of this Act.
(b) Prospective Application.--This Act and the amendments made by
this Act shall not apply with respect to material broadcast before the
date of enactment of this Act.
(c) Separability.--Section 708 of the Communications Act of 1934
(47 U.S.C. 608) shall apply to this Act and the amendments made by this
Act.
Passed the House of Representatives March 11, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Broadcast Decency Enforcement Act of 2004 - (Sec. 2) Amends the Communications Act of 1934 to provide that if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane material, the amount of forfeiture penalty shall not exceed $500,000 for each violation.
(Sec. 3) Directs the FCC, in enforcing penalties for violators, to take into account specified factors with respect to the violator's: (1) degree of culpability, including whether the offending material was live or recorded and scripted or unscripted; and (2) ability to pay, including whether the violator is a company or individual and the company's size. Provides an enforcement exception, under certain circumstances, for a licensee or permittee not owned or controlled by the network organization providing the offending material to the licensee or permittee for broadcast.
(Sec. 4) Makes the prohibition on penalties against nonlicensees inapplicable in the case of a person who utters obscene, indecent, or profane material broadcast by a licensee or permittee if such person willfully or intentionally makes the utterance.
(Sec. 5) Provides deadlines for actions on complaints of violations of this Act.
(Sec. 6) Authorizes the FCC, in addition to such penalties, to require the offending licensee or permittee to broadcast public service announcements that serve the educational and informational needs of children and reaches an audience of up to five times the audience estimated to have been reached by the obscene, indecent, or profane material.
(Sec. 7) Directs the FCC, in any subsequent proceeding against a broadcast licensee or permittee who has already paid a fine for violating the provisions of this Act or when a court has ordered payment of a penalty and such order has become final, to: (1) consider whether the broadcast of such material demonstrates a lack of character or other qualifications required to operate a station; and (2) treat such violation as a serious violation with respect to the determination of license or permit renewal.
(Sec. 9) Requires that if the FCC has issued a notice of violation in each of three or more proceedings during the term of the broadcast license and in each proceeding the fine was paid or a court has ordered payment of a penalty and such order has become final, then the FCC shall commence a proceeding to consider revocation of that station's license or permit.
(Sec. 10) Requires annual FCC reports to Congress to include information with respect to violations of this Act and related proceedings.
(Sec. 11) Requires the General Accounting Office to study and report to specified congressional committees on the complaints made to the FCC concerning the broadcasting of obscene, indecent, and profane material.
(Sec. 12) Expresses the sense of Congress that the broadcast television station licensees should reinstitute a family viewing policy for broadcasters that is similar to the policy that existed in the United States from 1975 to 1983. | {"src": "billsum_train", "title": "To increase the penalties for violations by television and radio broadcasters of the prohibitions against transmissions of obscene, indecent, and profane material, and for other purposes."} | 3,972 | 767 | 0.607203 | 2.013698 | 0.561049 | 3.347611 | 5.634267 | 0.906096 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Relief for Caribbean
Nationals Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Haiti, Grenada, and the Cayman Islands have been
severely devastated by Tropical Storm Jeanne and Hurricane
Ivan.
(2) On September 16, 2004, Tropical Storm Jeanne struck the
Dominican Republic and Haiti.
(3) In Haiti, more than 1,500 people are known dead while
more than 1,000 people are missing as a result of Tropical
Storm Jeanne.
(4) After visiting the stricken northern city of Gonoies,
Haiti, Prime Minister Gerard Latortue stated ``We have a
problem with bodies: there is a risk of epidemic. If you can
picture this: there is no electricity, the morgues are not
working, there is water everywhere.''.
(5) A United Nations spokesman stated that the corpses of
victims of Tropical Storm Jeanne in Haiti had to be buried in
mass graves as soon as possible to stop disease from spreading.
(6) Dieufort Deslorges, spokesman for the civil protection
agency of Haiti, stated that 250,000 people were homeless
across the country and at least 4,000 homes were destroyed with
thousands more damaged as a result of the storm.
(7) When Tropical Storm Jeanne hit, Haiti was already
struggling to deal with political instability and the aftermath
of serious floods that occurred in May 2004.
(8) Hurricane Ivan killed 39 people in Grenada and left
40,000 of its 90,000 inhabitants living in a few hundred
houses, schools, and churches that have been converted into
shelters.
(9) Prime Minister of Grenada Keith Mitchell, whose
official residence was destroyed by Hurricane Ivan, declared a
national disaster and stated that the island was ``90 percent
devastated''.
(10) Hurricane Ivan struck St. George, the capital of
Grenada, with 125 mile per hour winds that flattened homes,
disrupted power, damaged the main hospital, and destroyed the
emergency operations center, the main prison, and many schools.
(11) On September 15, 2004, electrical engineers funded by
the Office of United States Foreign Disaster Assistance of the
United States Agency for International Development assessed
damage across Grenada and estimated that 85 to 90 percent of
the electricity systems on the west and north coasts of Grenada
had been destroyed.
(12) In Grenada, an environmental health hazard has arisen
as runoff, which contains pathogens from several sources
including human waste, is contaminating rivers where people
wash and bathe.
(13) As of September 10, 2004, there were widespread
reports of looting in Grenada. American students at St.
George's University in Grenada told the Associated Press news
agency that they felt unsafe and had armed themselves against
looters with knives, sticks, and pepper spray.
(14) Grenada may need as much as $2,200,000,000, or four
times its annual economic output, to rebuild after the
devastation caused by Hurricane Ivan.
(15) The assistance needed to rebuild Grenada must come
from abroad as the main industries of Grenada, nutmeg exports
and tourism, have been devastated by the storm.
(16) Hurricane Ivan, the strongest storm to hit the
Caribbean region in a decade, struck the Cayman Islands with
150 mile per hour winds that tore roofs off houses, uprooted
trees, and caused flooding across the British territory.
(17) International media sources reported that the Cayman
Islands sustained extreme damage as a result of Hurricane Ivan.
Local authorities report that 15 to 20 percent of homes on the
eastern part of the Cayman Islands were completely destroyed
and another 50 percent suffered significant damage.
(18) The unusual hurricane activity in the Caribbean region
during 2004 has created an extraordinary and temporary
condition in Haiti, Grenada, and the Cayman Islands that
prevents nationals of those countries who are in the United
States from returning to their homes.
(19) Temporary protected status allows aliens who do not
legally qualify as refugees but are nonetheless fleeing or
reluctant to return to potentially dangerous situations to
temporarily remain in the United States.
(20) Granting temporary protected status to nationals of
Haiti, Grenada, and the Cayman Islands is consistent with the
interest of the United States and promotes the values and
morals that have made the United States strong.
(21) The extraordinary and temporary conditions caused by
nature and resulting in floods, epidemics, and other
environmental disasters in Haiti, Grenada, and the Cayman
Islands should make the nationals of those countries eligible
for temporary protected status.
SEC. 3. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS
TO HAITIANS, GRENADIANS, AND CAYMANIANS.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Haiti,
Grenada, and the Cayman Islands shall be treated as if such
countries had been designated under subsection (b) of that
section, subject to the provisions of this section.
(2) Period of designation.--The initial period of such
designation shall begin on the date of enactment of this Act
and shall remain in effect for 18 months.
(b) Aliens Eligible.--In applying section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made
under this section, subject to section 244(c)(3) of the Immigration and
Nationality Act (8 U.S.C. 1254a(c)(3)), an alien who is a national of
Haiti, Grenada, or the Cayman Islands meets the requirements of section
244(c)(1) of that Act (8 U.S.C. 1254a(c)(1)) only if--
(1) the alien has been continuously physically present in
the United States since September 7, 2004;
(2) the alien is admissible as an immigrant, except as
otherwise provided under section 244(c)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(A)), and
is not ineligible for temporary protected status under section
244(c)(2)(B) of that Act (8 U.S.C. 1254a(c)(2)(B)); and
(3) the alien registers for temporary protected status in a
manner that the Secretary of Homeland Security shall establish.
(c) Consent to Travel Abroad.--The Secretary of Homeland Security
shall give the prior consent to travel abroad described in section
244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3))
to an alien who is granted temporary protected status pursuant to the
designation made under this section, if the alien establishes to the
satisfaction of the Secretary of Homeland Security that emergency and
extenuating circumstances beyond the control of the alien require the
alien to depart for a brief, temporary trip abroad. An alien returning
to the United States in accordance with such an authorization shall be
treated the same as any other returning alien provided temporary
protected status under section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254a). | Emergency Relief for Caribbean Nationals Act - Requires Haiti, Grenada, and the Cayman Islands to be treated as if such countries had been designated for purposes of the temporary protected status (TPS) provisions of the Immigration and Nationality Act.
Requires the initial period of designation to remain in effect for 18 months beginning on the date of enactment of this Act.
Limits eligibility for TPS under this Act to aliens who: (1) have been continuously physically present in the United States since September 7, 2004; (2) are admissible as immigrants or eligible for certain waivers of inadmissibility and are not ineligible for TPS; and (3) register for TPS in the manner established by the Secretary of Homeland Security.
Directs the Secretary to give prior consent to travel abroad to an alien granted TPS pursuant to this Act if the alien establishes that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. | {"src": "billsum_train", "title": "To designate Haiti, Grenada, and the Cayman Islands under section 244 of the Immigration and Nationality Act in order to make nationals of those countries eligible for temporary protected status under such section."} | 1,566 | 218 | 0.332656 | 1.098798 | 0.675064 | 4.2 | 7.562162 | 0.902703 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utah Recreational Land Exchange Act
of 2004''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the area surrounding the Colorado River in Grand
County, Utah, and Dinosaur National Monument and the Book
Cliffs in Uintah County, Utah, contains nationally recognized
scenic values, significant archaeological and historic
resources, valuable wildlife habitat, and outstanding
opportunities for public recreation that are enjoyed by
hundreds of thousands of people annually;
(2) the State of Utah owns multiple parcels of land in the
area that were granted to the State under the Act of July 16,
1894 (28 Stat. 107, chapter 138), to be held in trust for the
benefit of the public school system and other public
institutions of the State;
(3) the parcels of State trust land are largely scattered
in checkerboard fashion amid the Federal land comprising the
area of the Colorado River corridor, the Dinosaur National
Monument, and the Book Cliffs;
(4) the State trust land in the area of the Colorado River
corridor, Dinosaur National monument, and the Book Cliffs
contains significant natural and recreational values,
including--
(A) portions of Westwater Canyon of the Colorado
River;
(B) the nationally recognized Kokopelli and
Slickrock trails;
(C) several of the largest natural rock arches in
the United States;
(D) multiple wilderness study areas and proposed
wilderness areas; and
(E) viewsheds for Arches National Park and Dinosaur
National Monument;
(5) the large presence of State trust land located in the
Colorado River corridor, Dinosaur National Monument, and the
Book Cliffs area makes land and resource management in the area
more difficult, costly, and controversial for the United States
and the State of Utah;
(6) although the State trust land was granted to the State
to generate financial support for public schools in the State
through the sale or development of natural resources,
development of those resources in the Colorado River corridor,
Dinosaur National Monument, and the Book Cliffs area would be
incompatible with managing the area for recreational, natural,
and scenic values;
(7) the United States owns land and interests in land in
other parts of the State of Utah that can be transferred to the
State in exchange for the State trust land without jeopardizing
Federal management objectives or needs; and
(8) it is in the public interest to exchange federally-
owned land in the State for the Utah State trust land located
in the Colorado River Corridor, Dinosaur National Monument, and
the Book Cliffs area, on terms that are fair to the United
States and the State of Utah.
(b) Purpose.--It is the purpose of this Act to authorize,
facilitate, and expedite the exchange of certain Federal land and non-
Federal land in the State to further the public interest by--
(1) exchanging Federal land that has limited recreational
and conservation values; and
(2) acquiring State trust land with important recreational,
scenic, and conservation values for permanent public management
and use.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
approximately ____ acres of Federal land located in Grand and
Uintah Counties, Utah, as generally depicted on the map.
(2) Map.--The term ``map'' means the map entitled ``Utah
Recreational Land Exchange-Offered Lands'' and dated October
2004.
(3) Non-federal land.--The term ``non-Federal land''
means--
(A) the approximately ____ acres of State trust
located in the Colorado River corridor in Grand County,
Utah, as generally depicted on the map;
(B) the approximately ____ acres of State trust
land located in the vicinity of Dinosaur National
Monument in Uintah County, Utah, as generally depicted
on the map; and
(C) the approximately ____ acres of State trust
land located in the vicinity of the Book Cliffs area in
Uintah County, Utah, as generally depicted on the map.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Utah.
SEC. 4. EXCHANGE OF LAND.
(a) In General.--If, not later than 30 days after the date of
enactment of this Act, the State offers to convey to the United States
title to the non-Federal land that is acceptable to the Secretary, the
Secretary shall--
(1) accept the offer; and
(2) on receipt of acceptable title to the non-Federal land
and subject to valid existing rights, simultaneously convey to
the State all right, title, and interest of the United States
in and to the Federal land.
(b) Timing.--
(1) In general.--Except as provided in paragraph (2), the
exchange of land authorized by subsection (a) shall be
completed not later than 330 days after the date on which the
State makes the Secretary an offer to convey the non-Federal
land under that subsection.
(2) Extension.--The Secretary and the State may agree to
extend the deadline specified in paragraph (1).
SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.
(a) Equal Value Exchange.--The value of the Federal land and non-
Federal land to be exchanged under this Act--
(1) shall be approximately equal; or
(2) shall be made approximately equal in accordance with
subsection (c).
(b) Appraisals.--
(1) In general.--The value of the Federal land and the non-
Federal land shall be determined by appraisals conducted--
(A) using comparable sales of surface and
subsurface property; and
(B) in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions (1992);
(ii) the Uniform Standards of Professional
Appraisal Practice; and
(iii) section 206(d) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716(d)).
(2) Selection of appraiser.--
(A) In general.--The appraisals of the Federal land
and non-Federal land shall be conducted by 1 or more
independent third-party appraisers selected by the
Secretary and the State from a list of appraisers
approved by the Secretary and the State under
subparagraph (B).
(B) Approval of list of appraisers.--Not later than
30 days after the date on which the State offers to
convey the non-Federal land to the Secretary, the
Secretary and the State shall approve the list of
appraisers referred to in subparagraph (A).
(3) Requirements.--During the appraisal process, the
appraiser shall--
(A) consider comparable public and private sales
without regard to--
(i) whether the land was acquired for
conservation or preservation purposes; or
(ii) the governmental or nonprofit status
of the entity making the acquisition; and
(B) if value is attributed to the land because of
the presence of minerals subject to leasing under
Federal mineral leasing laws, adjust the value
proportionately to reflect Federal mineral revenue
sharing, subject to the condition that the Utah School
and Institutional Trust Lands Administration assume the
revenue sharing obligation of the United States with
respect to the land.
(4) Review and approval.--
(A) In general.--Not later than 120 days after the
date on which the appraiser is selected under paragraph
(2), the appraiser shall submit to the Secretary and
the State a copy of the completed appraisals for
review.
(B) Approval or disapproval.--Not later than 90
days after the date of receipt of an appraisal under
subparagraph (A), the Secretary and the State shall
independently approve or disapprove the appraisal.
(5) Determination of value.--
(A) Determination by secretary and state.--If the
Secretary and the State are unable to agree on the
value of a parcel of land, the value of the parcel may
be determined by the Secretary and the State in
accordance with paragraphs (2) and (4) of section
206(d) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716(d)).
(B) Determination by court.--
(i) In general.--Notwithstanding any other
provision of law, if the Secretary and the
State have not agreed on the value of a parcel
by the date that is 1 year after the date of
enactment of this Act, a Federal district court
(including the United States District Court for
the District of Utah, Central Division) shall
have jurisdiction to determine the value of the
parcel.
(ii) Limitation.--An action to determine
the value of a parcel under clause (i) shall be
brought not earlier than 1 year, but not more
than 3 years, after the date of enactment of
this Act.
(c) Equalization of Values.--
(1) Surplus of non-federal land.--If after completion of
the appraisal and dispute resolution process under subsection
(b), the final appraised value of the non-Federal land exceeds
the final appraised value of the Federal land, the Secretary
shall remove parcels of non-Federal land from the exchange
until the value of the Federal land and non-Federal land is
approximately equal.
(2) Surplus of federal land.--If after completion of the
appraisal and dispute resolution process under subsection (b),
the final appraised value of the Federal land exceeds the final
appraised value of the non-Federal land, the value of the
Federal land and non-Federal land may be equalized by--
(A) the Secretary and the State removing parcels of
Federal land from the exchange until the value is
approximately equal; or
(B) the Secretary and the State adding additional
State trust land to the non-Federal land, if--
(i) the additional land has been appraised
in accordance with an ongoing Federal
acquisition process or program; and
(ii) the appraised value (as determined
under clause (i)) has been accepted by the
Secretary.
SEC. 6. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.
(a) Administration of Non-Federal Land.--
(1) In general.--Subject to paragraph (2) and in accordance
with section 206(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716(c)), the non-Federal acquired by
the United States under this Act shall become part of, and be
managed as part of, the Federal administrative unit or area in
which the land is located.
(2) Limitation.--The payment of mineral revenues from the
non-Federal land acquired under this Act shall be subject to
section 35 of the Mineral Leasing Act (30 U.S.C. 191).
(b) Withdrawal of Federal Land.--Subject to valid existing rights,
the Federal land is withdrawn from--
(1) disposition under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) the operation of--
(A) the mineral leasing laws;
(B) the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.); and
(C) the first section of the Act of July 31, 1947
(commonly known as the ``Materials Act of 1947'') (30
U.S.C. 601).
(c) Grazing Permits.--
(1) In general.--If land acquired under this Act is subject
to a lease, permit, or contract for the grazing of domestic
livestock in effect on the date of acquisition, the person
acquiring the land shall allow the grazing to continue for the
remainder of the term of the lease, permit, or contract,
subject to the related terms and conditions of user agreements,
including permitted stocking rates, grazing fee levels, access
rights, and ownership and use of range improvements.
(2) Renewal.--To the extent allowed by Federal or State
law, on expiration of any grazing lease, permit, or contract
described in paragraph (1), the holder of the lease, permit, or
contract shall be entitled to a preference right to renew the
lease, permit, or contract.
(3) Cancellation.--Nothing in this Act prevents the State
from canceling a grazing permit, lease, or contract if the land
subject to the permit, lease, or contract is sold, conveyed,
transferred, or leased for non-grazing purposes by the State.
(4) Base properties.--If land conveyed by the State under
this Act is used by a grazing permittee or lessee to meet the
base property requirements for a Federal grazing permit or
lease, the land shall continue to qualify as a base property
for the remaining term of the lease or permit and the term of
any renewal or extension of the lease or permit.
(d) Hazardous Materials.--
(1) In general.--The Secretary and, as a condition of the
exchange, the State shall make available for review and
inspection any record relating to hazardous materials on the
land to be exchanged under this Act.
(2) Costs.--The costs of remedial actions relating to
hazardous materials on land acquired under this Act shall be
paid by those entities responsible for the costs under
applicable law.
(e) Provisions Relating to Federal Land.--The exchange of land
under this Act shall be considered to be in the public interest under
section 206(a) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(a)). | Utah Recreational Land Exchange Act of 2004 - Directs the Secretary of the Interior to convey specified Federal land to the State of Utah in exchange for specified non-Federal land in the Colorado River corridor in Grand County, and in the vicinity of Dinosaur National Monument and the Book Cliffs area in Uintah County, Utah.
Sets forth provisions regarding the administration of non-Federal land after the exchange, including mineral revenues, grazing permits, and hazardous materials. | {"src": "billsum_train", "title": "A bill to authorize the exchange of certain land in Grand and Uintah Counties, Utah, and for other purposes."} | 3,069 | 108 | 0.555602 | 1.511538 | 0.787577 | 3.505747 | 31.942529 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``R.I.G.H.T. Congress Act''.
TITLE I--CONGRESSIONAL COMPENSATION
SEC. 101. ACCRUAL RATES FOR MEMBERS OF CONGRESS AND CONGRESSIONAL
EMPLOYEES UNDER CSRS AND FERS.
(a) CSRS.--
(1) Members.--
(A) In general.--Section 8339(c) of title 5, United
States Code, is amended by striking all that follows
``with respect to--'' and inserting the following:
``(1) so much of his service as a Member as was performed
before the beginning of the One Hundred Fifth Congress;
``(2) so much of his military service as--
``(A) is creditable for the purpose of this
subsection; and
``(B) was performed before the beginning of such
Congress; and
``(3) so much of his Congressional employee service as was
performed before the beginning of such Congress;
by multiplying 2\1/2\ percent of his average pay by the years of that
service.''.
(B) Technical amendment.--Section 8332(d) of title
5, United States Code, is amended by striking ``section
8339(c)(1)'' and inserting ``section 8339(c)''.
(2) Congressional employees.--Section 8339(b) of title 5,
United States Code, is amended--
(A) by inserting ``so much of'' after ``is computed
with respect to''; and
(B) by inserting ``as was performed before the
beginning of the One Hundred Fifth Congress,'' before
``by multiplying''.
(3) Capitol police.--Section 8339(q) of title 5, United
States Code, is amended by striking ``in acccordance with
subsection (b),'' and inserting ``in accordance with subsection
(b) (disregarding the amendments made by section 101(a)(2) of
the R.I.G.H.T. Congress Act),''.
(b) FERS.--
(1) Members.--Section 8415(b) of title 5, United States
Code, is amended by striking ``shall'' and inserting ``shall,
to the extent that such service was performed before the
beginning of the One Hundred Fifth Congress,''.
(2) Congressional employees.--Section 8415(c) of title 5,
United States Code, is amended by striking ``shall'' and
inserting ``shall, to the extent that such service was
performed before the beginning of the One Hundred Fifth
Congress,''.
(3) Provisions relating to the 1.1 percent accrual rate.--
Section 8415(g) of title 5, United States Code, is amended--
(A) in paragraph (1) by striking ``an employee
under paragraph (2),'' and inserting ``an employee or
Member under paragraph (2),'';
(B) in paragraph (2) by inserting ``or Member''
after ``in the case of an employee'' and by striking
``Congressional employee,''; and
(C) by adding at the end the following:
``(3) Notwithstanding any other provision of this subsection--
``(A) this subsection shall not apply in the case of a
Member or Congressional employee whose separation (on which
entitlement to annuity is based) occurs before the beginning of
the One Hundred Fifth Congress; and
``(B) in the case of a Member or Congressional employee to
whom this subsection applies, the 1.1 percent accrual rate
shall apply only with respect to any period of service other
than a period with respect to which the 1.7 percent accrual
rate applies under subsection (b) or (c).''.
SEC. 102. ELIMINATION OF AUTOMATIC ANNUITY ADJUSTMENTS FOR MEMBERS OF
CONGRESS.
The portion of anuity of a Member of Congress which is based solely
on service as a Member of Congress shall not be subject to a COLA
adjustment under section 8340 or 8462 of title 5, United States Code.
SEC. 103. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF
CONGRESS; RECORDED VOTE REQUIRED ON ANY PAY ADJUSTMENT
FOR MEMBERS.
(a) In General.--Section 601(a) of the Legislative Reorganization
Act of 1946 is amended to read as follows:
``Sec. 601. (a)(1) Until otherwise provided under section 225 of
the Federal Salary Act of 1967 (2 U.S.C. 351 and following) or any
other provision of law, the annual rate of pay for--
``(A) each Senator, Member of the House of Representatives,
and Delegate to the House of Representatives, and the Resident
Commissioner from Puerto Rico,
``(B) the President pro tempore of the Senate, the majority
leader and the minority leader of the Senate, and the majority
leader and the minority leader of the House of Representatives,
and
``(C) the Speaker of the House of Representatives,
shall be the rate payable for each such office or position on the date
of the enactment of the R.I.G.H.T. Congress Act.
``(2)(A) Any bill or resolution, and any amendment to any bill or
resolution, that provides for any adjustment in the amount of pay
payable for any office or position referred to in paragraph (1) may be
adopted by the House of Representatives only by a vote recorded so as
to reflect the vote of each Member voting.
``(B) The provisions of subparagraph (A) are enacted--
``(i) as an exercise of the rulemaking power of the House
of Representatives and, as such, they shall be considered as
part of the rules of the House, and such rule shall supersede
other rules only to the extent inconsistent therewith; and
``(ii) with full recognition of the constitutional right of
the House to change such rule at any time, in the same manner,
and to the same extent as in the case of any other rule of the
House.
``(C) This paragraph shall not apply with respect to any
recommendations which are subject section 225(i) of the Federal Salary
Act of 1967.''.
(b) Effective Date.--This section shall take effect on the day
after the date of the first election of Representatives (within the
meaning of the 27th article of amendment to the Constitution of the
United States) occurring after the date of the enactment of this Act.
TITLE II--LOBBYING
SEC. 201. LOBBYING RESTRICTIONS FOR FORMER MEMBERS OF CONGRESS AND
STAFF.
(a) Time Limit.--Section 207(e) of title 18, United States Code, is
amended by striking ``1 year'' in paragraphs (1), (2), (3), (4), and
(5) and inserting ``2 years''.
(b) Committee Staff.--Section 207(e)(2)(B) of title 18, United
States Code, is amended by striking ``and'' at the end of clause (i),
by striking the period at the end of clause (ii) and inserting ``;
and'' and by adding after clause (ii) the following:
``(iii) any employee of a committee of Congress of which
such Senator or Member was a member.''.
(c) Special Limitation.--Section 207(e)(6) of title 18, United
States Code, is amended--
(1) by striking ``(A)'' and subparagraph (B);
(2) by striking ``and (4)'' and inserting ``(4), and (5)'';
and
(3) by striking ``75 percent'' and inserting ``50
percent''.
SEC. 202. DENIAL OF FLOOR PRIVILEGES TO FORMER MEMBERS OF CONGRESS WHO
ARE REGISTERED LOBBYISTS.
(a) House Floor Privileges.--Clause 3 of rule XXXII of the Rules of
the House of Representatives is amended by striking ``and only '' and
inserting ``, only'', and by inserting ``, and only if they are not
registered lobbyists under the Lobbying Disclosure Act of 1995'' before
the period at the end.
(b) Additional Privileges.--(1) No former Member of Congress who is
a registered lobbyist under the Lobbying Disclosure Act of 1995 may
enter any dining area in the Capital which is reserved for Members of
Congress or enter any gymnasium facility which is reserved for Members
of Congress.
(2) The Committee on House Oversight of the House of
Representatives shall have authority to prescribe regulations to carry
out this subsection.
SEC. 203. REQUIRING IDENTIFICATION FOR REGISTERED LOBBYISTS.
(a) In General.--Section 4 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1603) is amended by adding at the end the following new
subsection:
``(e) Identification for Registered Lobbyists.--Each person
required to register under this section shall wear, in a visible
manner, an identification badge similar to the identification badge
required for persons who use the press gallery of the House of
Representatives or the Senate. The form of such identification shall be
prescribed by the Sergeant at Arms of the House of Representatives and
the Sergeant at Arms of the Senate acting jointly and shall be worn
when such registered person is in the United States Capitol or in an
office building of the House of Representatives or the Senate while
engaged in lobbying activities. When a person registers under
subsection (a), such person shall be given such a badge.''.
(b) Effective Date.--Subsection (a) shall take effect with respect
to registrations under section 4 of the Lobbying Disclosure Act of 1995
which occur after the expiration of the 60-day period which begins on
the date of the enactment of this Act.
TITLE III--CONGRESSIONAL TRAVEL
SEC. 301. LIMITATION ON TRANSPORTATION OF MEMBERS OF CONGRESS ON
MILITARY AIRCRAFT.
(a) Limitation on Transportation.--
(1) In general.--Chapter 157 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2643. Limitation on transportation of Members of Congress on
military aircraft
``(a) In General.--The Secretary of Defense may not provide
transportation on a military aircraft to a destination for a Member or
group of Members of Congress unless--
``(1) the transportation is provided on a space-available
basis as part of the scheduled operations of the military
aircraft unrelated to the provision of transportation to the
Member or group of Members;
``(2) the destination, or an airfield located within a
reasonable distance from the destination, is not accessible by
regularly scheduled flights of commercial aircraft; or
``(3) the transportation is the least expensive method for
the Member or group of Members to reach the destination by
aircraft.
``(b) Special Rule for Members and Staff Travelling to a Hearing.--
The Secretary may not provide transportation on a military aircraft for
a Member or group of Members of Congress or the staff of the Member or
group of Members for travel to a hearing of a Committee of Congress
unless the transportation meets the requirement in subsection (a)(3).
``(c) Destination.--The Secretary shall not select the destination
of a military aircraft to accommodate the travel plans of a Member or
group of Members of Congress requesting transportation that meets the
requirement in subsection (a)(1).''.
``(d) Member of Congress Defined.--In this section, the term
`Member of Congress' means a Senator or Representative in, or a
Delegate or Resident Commissioner to, the Congress.''.
(2) Conforming amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2643. Limitation on transportation of Members of Congress on military
aircraft.''.
(b) Prior Approval Requirement for Members and Staff Travelling to
a Hearing.--A Member or group of Members of the House of
Representatives or the staff of such Member or group of Members may not
accept transportation on a military aircraft for travel to a hearing of
a committee of Congress until the chairman of the committee of
Congress--
(1) submits information to the Committee on Standards of
Official Conduct of the House of Representatives demonstrating
that the transportation is the least expensive method for the
Member or group of Members or staff to travel to the hearing by
aircraft; and
(2) receives approval from the Committee on Standards of
Official Conduct for the Member or group of Members or staff to
accept the transportation.
SEC. 302. RESTRICTION ON FOREIGN TRAVEL BY MEMBERS NOT SEEKING
REELECTION.
The Rules of the House of Representatives are amended by adding at
the end the following new rule:
``Rule LIII.
``restriction on foreign travel by members not seeking reelection.
``1. A retiring Member, or such Member's personal staff, shall not
engage in travel outside the United States pursuant to clause 8 of rule
I, clause 2(n) or 5(e) of rule XI, or section 502(b) of the Mutual
Security Act of 1954 (22 U.S.C. 1754), unless the Committee on
Standards of Official Conduct determines such travel is essential to
the official responsibilities of the retiring member.
``2. As used in this rule--
``(1) a Member is a retiring Member after the earlier of
the date upon which the Member--
``(A) announces to the press the intention not to
seek election to the House of Representatives for the
succeeding Congress;
``(B) fails to meet the qualifying deadline for
election to the House of Representatives for the
succeeding Congress; or
``(C) is defeated in any primary or general
election to the House of Representatives for the
succeeding Congress; and
``(1) the term `Member' means a Representative in, or a
Delegate or Resident Commissioner to, the House of
Representatives.''.
SEC. 303. LIMITATION ON USE OF TRAVEL AWARDS.
(a) In General.--(1) Except as provided by paragraph (2) and
notwithstanding any provision of law or any rule, regulation, or other
authority, any travel award that accrues by reason of official travel
of a Member, officer, or employee of the House of Representatives may
be used only with respect to official travel.
(2) Any travel award that accrues by reason of official travel of a
Member of the House of Representatives may be used by the spouse or
children of that Member for travel between Washington, D.C., and the
district of that Member.
(b) Regulations.--The Committee on House Oversight of the House of
Representatives shall have authority to prescribe regulations to carry
out this section.
(c) Definitions.--As used in this section--
(1) the term ``Member of the House of Representatives''
means a Representative in, or a Delgate or Resident
Commissioner to, the Congress;
(2) the term ``offical travel'' means, with respect to the
House of Representatives, travel performed for the conduct of
official business of the House of Representatives, including
official and representational duties of a Member relating to
the district of the Member; and
(3) the term ``travel award'' means any frequent flier
mileage, free travel, discounted travel, or other travel
benefit, whether awarded by coupon, membership, or otherwise. | TABLE OF CONTENTS:
Title I: Congressional Compensation
Title II: Lobbying
Title III: Congressional Travel
R.I.G.H.T. Congress Act -
Title I: Congressional Compensation
- Applies existing Federal law regarding special accrual rates for Members of Congress and congressional employees under the Civil Service and Federal Employees' Retirement Systems only with respect to congressional service performed before the beginning of the 105th Congress.
Eliminates the automatic cost of living adjustment for that portion of an annuity of a Member that is based solely on service as a Member.
Amends the Legislative Reorganization Act of 1946 to: (1) eliminate automatic pay adjustments for Members until otherwise provided under the Federal Salary Act of 1967; and (2) require a recorded vote on any pay adjustment for Members.
Title II: Lobbying
- Modifies the Ethics in Government Act of 1978 to: (1) increase from one to two years after leaving office the period of time during which a Member or employee is prohibited from engaging in certain lobbying activities; (2) include employees of a congressional committee on which a Member serves among those persons whom former Member employees may not lobby for such period; and (3) decrease the salary level of congressional employees below which lobbying restrictions do not apply.
Amends rule XXXII of the Rules of the House of Representatives to deny admission to the House floor to former Members who are registered lobbyists. Prohibits such a former member from entering any Capitol dining facility or any gymnasium facility that is reserved for Members.
Amends the Lobbying Disclosure Act of 1995 to require registered lobbyists to wear identification badges when in the U.S. Capitol or in a House or Senate office building while engaged in lobbying activities.
Title III: Congressional Travel
- Prohibits the Secretary of Defense from providing transportation on a military aircraft for a Member unless: (1) the transportation is provided on a space-available basis as part of scheduled operations unrelated to the provision of transportation to the Member; (2) the destination, or an airfield located within a reasonable distance thereof, is inaccessible by regularly scheduled commercial aircraft flights; or (3) the transportation is the least expensive method for the Member to reach the destination by aircraft.
Requires prior approval from the House Committee on Standards of Official Conduct for Members and staff travelling on military aircraft to a hearing. Prohibits a retiring Member, or such Member's personal staff, from engaging in foreign travel unless such Committee determines such travel is essential to the Member's official responsibilities.
Requires that any travel award that accrues by reason of official travel of a House Member, officer, or employee be used only for official travel, or by the spouse or children of that Member for travel between Washington, D.C. and that Member's district. | {"src": "billsum_train", "title": "R.I.G.H.T. Congress Act"} | 3,565 | 614 | 0.431828 | 1.276689 | 0.538848 | 3.548983 | 5.756007 | 0.876155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Space Preservation Act of 2001''.
SEC. 2. REAFFIRMATION OF POLICY ON THE PRESERVATION OF PEACE IN SPACE.
Congress reaffirms the policy expressed in section 102(a) of the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2451(a)), stating
that it ``is the policy of the United States that activities in space
should be devoted to peaceful purposes for the benefit of all
mankind.''.
SEC. 3. PERMANENT BAN ON BASING OF WEAPONS IN SPACE.
The President shall--
(1) implement a permanent ban on space-based weapons of the
United States and remove from space any existing space-based
weapons of the United States; and
(2) immediately order the permanent termination of research
and development, testing, manufacturing, production, and
deployment of all space-based weapons of the United States and
their components.
SEC. 4. WORLD AGREEMENT BANNING SPACE-BASED WEAPONS.
The President shall direct the United States representatives to the
United Nations and other international organizations to immediately
work toward negotiating, adopting, and implementing a world agreement
banning space-based weapons.
SEC. 5. REPORT.
The President shall submit to Congress not later than 90 days after
the date of the enactment of this Act, and every 90 days thereafter, a
report on--
(1) the implementation of the permanent ban on space-based
weapons required by section 3; and
(2) progress toward negotiating, adopting, and implementing
the agreement described in section 4.
SEC. 6. NON SPACE-BASED WEAPONS ACTIVITIES.
Nothing in this Act may be construed as prohibiting the use of
funds for--
(1) space exploration;
(2) space research and development;
(3) testing, manufacturing, or production that is not
related to space-based weapons or systems; or
(4) civil, commercial, or defense activities (including
communications, navigation, surveillance, reconnaissance, early
warning, or remote sensing) that are not related to space-based
weapons or systems.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``space'' means all space extending upward
from an altitude greater than 60 kilometers above the surface
of the earth and any celestial body in such space.
(2)(A) The terms ``weapon'' and ``weapons system'' mean a
device capable of any of the following:
(i) Damaging or destroying an object (whether in
outer space, in the atmosphere, or on earth) by--
(I) firing one or more projectiles to
collide with that object;
(II) detonating one or more explosive
devices in close proximity to that object;
(III) directing a source of energy
(including molecular or atomic energy,
subatomic particle beams, electromagnetic
radiation, plasma, or extremely low frequency
(ELF) or ultra low frequency (ULF) energy
radiation) against that object; or
(IV) any other unacknowledged or as yet
undeveloped means.
(ii) Inflicting death or injury on, or damaging or
destroying, a person (or the biological life, bodily
health, mental health, or physical and economic well-
being of a person)--
(I) through the use of any of the means
described in clause (i) or subparagraph (B);
(II) through the use of land-based, sea-
based, or space-based systems using radiation,
electromagnetic, psychotronic, sonic, laser, or
other energies directed at individual persons
or targeted populations for the purpose of
information war, mood management, or mind
control of such persons or populations; or
(III) by expelling chemical or biological
agents in the vicinity of a person.
(B) Such terms include exotic weapons systems such as--
(i) electronic, psychotronic, or information
weapons;
(ii) chemtrails;
(iii) high altitude ultra low frequency weapons
systems;
(iv) plasma, electromagnetic, sonic, or ultrasonic
weapons;
(v) laser weapons systems;
(vi) strategic, theater, tactical, or
extraterrestrial weapons; and
(vii) chemical, biological, environmental, climate,
or tectonic weapons.
(C) The term ``exotic weapons systems'' includes weapons
designed to damage space or natural ecosystems (such as the
ionosphere and upper atmosphere) or climate, weather, and
tectonic systems with the purpose of inducing damage or
destruction upon a target population or region on earth or in
space. | Space Preservation Act of 2001 - Reaffirms U.S. policy that activities in space should be devoted to peaceful purposes.Directs the President to: (1) ban U.S. space-based weapons and remove from space any existing U.S. weapons; (2) terminate research and development, testing, manufacturing, production, and deployment of all such weapons; and (3) direct the U.S. representatives to the United Nations and other international organizations to work toward negotiating, adopting, and implementing a world agreement banning space-based weapons. | {"src": "billsum_train", "title": "To preserve the cooperative, peaceful uses of space for the benefit of all humankind by permanently prohibiting the basing of weapons in space by the United States, and to require the President to take action to adopt and implement a world treaty banning space-based weapons."} | 1,037 | 116 | 0.63936 | 1.666889 | 0.6259 | 4.918367 | 9.72449 | 0.938776 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This act may be cited as the Cooperative Units of
Research in Infectious Disease (CURID) of 1994.
(b) Findings.--Congress finds that--
(1) despite the development of modern technology for water
purification, food preparation, sterilization and disinfection
coupled with the discovery of antibiotics and a limited number
of highly effective vaccines, the advent of AIDS, the re-
emergence of tuberculosis, the emergence of newly infectious
agents and a significant increase in food and water borne
diseases in recent years pose new threats to the health and
well-being of all citizens;
(2) the era of molecular biology and intensive research
efforts in AIDS have produced powerful technology for the rapid
and sensitive detection of new infectious agents which have
resulted in the development of new concepts of infectious
diseases;
(3) advances in the scientific understanding of the
functions of the human body's defense mechanisms and the
critical roles of both the patient and the infecting agent's
genetic characteristics are rapidly leading to the belief that
a number of chronic diseases of humans presently of unknown
etiology may be caused by infectious agents;
(4) chronic illnesses like lung, arthritis and related
diseases are increasing at alarming rates and, according to
1994 National Centers for Disease Control and Prevention data,
the incidence of arthritis alone is estimated to increase by 57
percent and affect 54.9 million people in the United States by
the year 2020;
(5) the economic losses associated with these disabling
diseases will continue to cost our society billions of dollars
annually if the Federal Government does not invest in essential
research initiatives designed to build upon our ability to
detect new infectious agents and fully investigate new concepts
of the etiology of chronic diseases;
(6) determining and demonstrating causality of diseases
like chronic lung disease, rheumatoid arthritis and rheumatic
diseases by an infectious agent could lead to early and
accurate diagnosis and treatment of the disease which would
dramatically reduce medical costs and morbidity and mortality;
and
(7) addressing the potential role of infectious agents in
chronic diseases necessitates a different research approach
than currently exists and sustained funding of collaborative
research groups.
SEC. 2. SPECIFIC PROVISIONS; ESTABLISHMENT OF COOPERATIVE UNITS OF
RESEARCH IN INFECTIOUS DISEASES.
(a) In General.--Infectious Disease Research and Clinical Units of
Excellence will be established jointly by the National Institute of
Allergy and Infectious Diseases of the National Institutes of Health
and the National Center for Infectious Diseases of the National Centers
for Disease Control and Prevention.
(b) Purpose.--These cooperative units will be dedicated to finding
the cause, prevention and cure of chronic inflammatory diseases of
suspected infectious etiology and committed to giving priority to
diseases like arthritis and chronic lung disease which hold the most
promise for beneficial research results.
(c) Establishment of Units.--The establishment of the Infectious
Disease Research and Clinical Units of Excellence shall be based upon
past research performance of researchers working on specific
microorganisms.
(1) The units will be responsible for--
(A) evaluation of patient specimens for the
presence of infectious agents;
(B) characterization of the immune response to
these infectious agents; and
(C) characterization of the genetic background of
patients.
(2) Personnel to staff these units will be selected based
upon the proven track record of individuals who--
(A) have demonstrated the capability of using
molecular diagnostic techniques for detection of
fastitious infectious agents; and
(B) possess proven clinical experience.
(3) The units will provide laboratory support for a network
of Clinical Units for patient enrollment and patient
management.
(4) National Center for Infectious Diseases of the National
Centers for Disease Control and Prevention will provide the
epidemiological and investigative skills for a network of
Clinical Units.
(5) The initial period of grant funding for the units will
be up to ten but no less than five years.
(d) Coordination of Research Program and Development of Strategic
Research Plan.--The National Institute of Allergy and Infectious
Diseases shall be the lead agency.
(1) The Director of the National Institute of Allergy and
Infectious Diseases shall be responsible for the establishment
of no more than 10 research and clinical units at any given
time.
(2) The designation of research and clinical units shall be
carried out in consultation with the Director of the National
Center for Infectious Diseases as well as expert extramural
scientists.
(3) The directors of the research and clinical units will
be responsible for the development of the research plan.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $25,000,000 for each of the
fiscal years 1996 through 2006. At the end of this 10 year period, the
effectiveness of this research approach will be evaluated and the need
for future funding, if any, will be determined by the National Advisory
Councils of the National Institute of Allergy and Infectious Diseases
and the National Center for Infectious Diseases. The National Advisory
Councils shall submit a report of its findings and recommendations to
the appropriate authorizing committees of the House and the Senate. | Cooperative Units of Research in Infectious Disease (CURID) Act of 1994 - Requires Infectious Disease Research and Clinical Units of Excellence to be established jointly by the National Institute of Allergy and Infectious Diseases (NIAID) of the National Institutes of Health and the National Center for Infectious Diseases of the National Centers for Disease Control and Prevention. Provides that the Units will be dedicated to finding the cause, prevention, and cure of chronic inflammatory diseases of suspected infectious etiology and committed to giving priority to diseases like arthritis and chronic lung disease which hold the most promise for beneficial research results.
Requires the establishment of the Units to be based upon past research performance of researchers working on specific microorganisms. Makes the Units responsible for: (1) evaluation of patient specimens for the presence of infectious agents; (2) characterization of the immune response to these infectious agents; and (3) characterization of the genetic background of patients.
Sets forth provisions regarding personnel, laboratory support, networking, and the initial period of grant funding.
Makes NIAID the lead agency. Apportions responsibility for various aspects of the research program and development of a strategic research plan.
Authorizes appropriations. | {"src": "billsum_train", "title": "Cooperative Units of Research in Infectious Disease (CURID) of 1994"} | 1,155 | 271 | 0.607408 | 2.021106 | 0.811191 | 4.722467 | 4.594714 | 0.907489 |
SECTION 1. RESTORATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE AND
OTHER RELIEF FOR VETERANS AFFECTED BY SCHOOL CLOSURE OR
DISAPPROVAL.
(a) School Closure or Disapproval.--
(1) Restoration of entitlement.--Chapter 36 is amended by
adding at the end the following new section:
``Sec. 3699. Effects of closure or disapproval of educational
institution
``(a) Closure or Disapproval.--Any payment of educational
assistance described in subsection (b) shall not--
``(1) be charged against any entitlement to educational
assistance of the individual concerned; or
``(2) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(b) Educational Assistance Described.--Subject to subsection (c),
the payment of educational assistance described in this paragraph is
the payment of such assistance to an individual for pursuit of a course
or program of education at an educational institution under chapter 30,
32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, if
the Secretary determines that the individual--
``(1) was unable to complete such course or program as a
result of--
``(A) the closure of the educational institution;
or
``(B) the disapproval of the course or a course
that is a necessary part of that program under this
chapter by reason of--
``(i) a provision of law enacted after the
date on which the individual enrolls at such
institution affecting the approval or
disapproval of courses under this chapter; or
``(ii) after the date on which the
individual enrolls at such institution, the
Secretary prescribing or modifying regulations
or policies of the Department affecting such
approval or disapproval; and
``(2) did not receive credit or lost training time, toward
completion of the program of education being so pursued.
``(c) Period Not Charged.--The period for which, by reason of this
subsection, educational assistance is not charged against entitlement
or counted toward the applicable aggregate period under section 3695 of
this title shall not exceed the aggregate of--
``(1) the portion of the period of enrollment in the course
from which the individual did not receive credit or with
respect to which the individual lost training time, as
determined under subsection (b)(2), and
``(2) the period by which a monthly stipend is extended
under section 3680(a)(2)(B) of this title.
``(d) Continuing Pursuit of Disapproved Courses.--(1) The Secretary
may treat a course of education that is disapproved under this chapter
as being approved under this chapter with respect to an individual
described in paragraph (2) if the Secretary determines, on a case-by-
case basis, that--
``(A) such disapproval is the result of an action described
in clause (i) or (ii) of subsection (b)(1)(B); and
``(B) continuing pursuing such course is in the best
interest of the individual.
``(2) An individual described in this paragraph is an individual
who is pursuing a course of education at an educational institution
under chapter 30, 32, 33, or 35 of this title, or chapter 1606 or 1607
of title 10, as of the date on which the course is disapproved under
this chapter.
``(e) Notice of Closures.--Not later than five business days after
the date on which the Secretary receives notice that an educational
institution will close or is closed, the Secretary shall provide to
each individual who is enrolled in a course or program or education at
such educational institution using entitlement to educational
assistance under chapter 30, 32, 33, or 35 of this title, or chapter
1606 or 1607 of title 10, notice of--
``(1) such closure and the date of such closure; and
``(2) the effect of such closure on the individual's
entitlement to educational assistance pursuant to this
section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 3698 the following new item:
``3699. Effects of closure or disapproval of educational
institution.''.
(b) Monthly Housing Stipend.--
(1) In general.--Subsection (a) section 3680 is amended--
(A) by striking the matter after paragraph (3)(B);
(B) in paragraph (3), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively;
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(D) in the matter preceding subparagraph (A), as
redesignated, in the first sentence, by striking
``Payment of'' and inserting ``(1) Except as provided
in paragraph (2), payment of''; and
(E) by adding at the end the following new
paragraph (2):
``(2) Notwithstanding paragraph (1), the Secretary may, pursuant to
such regulations as the Secretary shall prescribe, continue to pay
allowances to eligible veterans and eligible persons enrolled in
courses set forth in paragraph (1)(A)--
``(A) during periods when educational institutions are
temporarily closed under an established policy based on an
Executive order of the President or due to an emergency
situation, except that the total number of weeks for which
allowances may continue to be so payable in any 12-month period
may not exceed four weeks; or
``(B) solely for the purpose of awarding a monthly housing
stipend described in section 3313 of this title, during periods
following a permanent closure of an educational institution, or
following the disapproval of a course of study described in
section 3699(b)(1)(B) of this title, except that payment of
such a stipend may only be continued until the earlier of--
``(i) the date of the end of the term, quarter, or
semester during which the closure or disapproval
occurred; and
``(ii) the date that is 120 days after the date of
the closure or disapproval.''.
(2) Conforming amendment.--Paragraph (1)(C)(ii) of such
subsection, as redesignated, is amended by striking ``described
in subclause (A) of this clause'' and inserting ``described in
clause (i)''.
(c) Applicability.--
(1) School closure or disapproval.--
(A) In general.--The amendments made by subsection
(a) shall take effect on the date that is 90 days after
the date of the enactment of this Act, and shall apply
with respect to courses and programs of education
discontinued as described in section 3699 of title 38,
United States Code, as added by subsection (a)(1),
after January 1, 2015.
(B) Special application.--With respect to courses
and programs of education discontinued as described in
section 3699 of title 38, United States Code, as added
by subsection (a)(1), during the period beginning
January 1, 2015, and ending on the date of the
enactment of this Act, an individual who does not
transfer credits from such program of education shall
be deemed to be an individual who did not receive such
credits, as described in subsection (b)(2) of such
section, except that the period for which the
individual's entitlement is not charged shall be the
entire period of the individual's enrollment in the
program of education. In carrying out this paragraph,
the Secretary of Veterans Affairs, in consultation with
the Secretary of Education, shall establish procedures
to determine whether the individual transferred credits
to a comparable course or program of education.
(2) Monthly housing stipend.--The amendments made by
subsection (b) shall take effect on August 1, 2018, and shall
apply with respect to courses and programs of education
discontinued as described in section 3699 of title 38, United
States Code, as added by such subsection, on or after the date
of the enactment of this Act. | This bill provides that if a veteran or reservist is forced to discontinue a certain course or program as a result of a school closure or disapproval of a necessary course and did not receive credit or lost training time toward completion of the education program, Department of Veterans Affairs (VA) educational assistance payments shall not, for a specified period, be: charged against the individual's entitlement to educational assistance, or counted against the aggregate period for which such assistance may be provided. The bill, with an exception, applies to education courses and programs discontinued after January 1, 2015. The VA may continue to pay educational assistance and subsistence allowances to eligible veterans and eligible persons enrolled in specified courses for up to 4 weeks in any 12-month period when schools are temporarily closed under an established policy based on a presidential executive order or due to an emergency. The VA shall, within five business days after receiving notice of a closure or intended closure, notify each affected individual of such closure and its effect on the individual's entitlement to educational assistance. The VA may also continue to pay a monthly housing stipend following a permanent school closure or disapproval of a course of study, but only until the earlier of: (1) the end of the term, quarter, or semester during which the school closure or disapproval occurred; and (2) 120 days after the closure or disapproval. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide for the restoration of entitlement to educational assistance and other relief for veterans affected by school closure or disapproval, and for other purposes."} | 1,773 | 295 | 0.618505 | 1.858991 | 0.7779 | 3.184502 | 6.147601 | 0.874539 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The United States Call Center Worker
and Consumer Protection Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means a Federal or State
executive agency or a military department.
(2) Business entity.--The term ``business entity'' means
any organization, corporation, trust, partnership, sole
proprietorship, unincorporated association, or venture
established to make a profit, in whole or in part, by
purposefully availing itself of the privilege of conducting
commerce in the United States.
(3) Call center.--The term ``call center'' means a facility
or other operation whereby employees receive incoming telephone
calls, emails, or other electronic communication for the
purpose of providing customer assistance or other service.
(4) Consumer.--The term ``consumer'' means any individual
within the territorial jurisdiction of the United States who
purchases, transacts, or contracts for the purchase or
transaction of any goods, merchandise, or services, not for
resale in the ordinary course of the individual's trade or
business, but for the individual's use or that of a member of
the individual's household.
(5) Customer service communication.--The term ``customer
service communication'' means any telecommunication or wire
communication between a consumer and a business entity in
furtherance of commerce.
(6) Employer.--The term ``employer'' means any business
enterprise that employs in a call center--
(A) 50 or more employees, excluding part-time
employees; or
(B) 50 or more employees who in the aggregate work
at least 1,500 hours per week (exclusive of hours of
overtime).
(7) Part-time employee.--the term ``part-time employee''
means an employee who is employed for an average of fewer than
20 hours per week or who has been employed for fewer than 6 of
the 12 months preceding the date on which notice is required.
(8) Relocating and relocation.--The terms ``relocating''
and ``relocation'' refer to the closure of a call center, or
the cessation of operations of a call center, or 1 or more
facilities or operating units within a call center comprising
at least 30 percent of the call center's, or operating unit's,
total volume when measured against the previous 12-month
average call volume of operations or substantially similar
operations to a location outside of the United States.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(10) Telecommunication.--The term ``telecommunication''
means the transmission, between or among points specified by
the communicator, of information of the communicator's
choosing, without change in the form or content of the
information as sent and received.
(11) Wire communication and communication by wire.--The
term ``wire communication'' or ``communication by wire'' means
the transmission of writing, signs, signals, pictures, and
sounds of all kinds by aid of wire, cable, or other like
connection between the points of origin and reception of such
transmission, including all instrumentalities, facilities,
apparatus, and services (among other things, the receipt,
forwarding, and delivery of communications) incidental to such
transmission.
SEC. 3. LIST OF CALL CENTERS RELOCATING OVERSEAS AND INELIGIBILITY FOR
GRANTS OR GUARANTEED LOANS.
(a) List.--
(1) Notice requirement.--
(A) In general.--Not fewer than 120 days before
relocating a call center to a location outside of the
United States, an employer shall notify the Secretary
of such relocation.
(B) Penalty.--A person who violates subparagraph
(A) shall be subject to a civil penalty not to exceed
$10,000 for each day of violation.
(2) Establishment and maintenance of list.--
(A) In general.--The Secretary shall establish,
maintain, and make available to the public a list of
all employers who relocate a call center as described
in paragraph (1)(A).
(B) Term.--Each employer included in the list
required by subparagraph (A) shall remain on the list
for a period not to exceed 3 years after each instance
of relocating a call center.
(C) Removal.--The Secretary may remove an employer
from the list required by subparagraph (A) if the
Secretary determines that the employer has relocated a
call center from a location outside of the United
States to a location in the United States.
(b) Ineligibility for Grants or Guaranteed Loans.--
(1) Ineligibility.--Except as provided in subsection (b)
and notwithstanding any other provision of law, an employer who
appears on the list required by subsection (a)(2)(A) shall be
ineligible for any direct or indirect Federal grants or Federal
guaranteed loans for 5 years after the date such employer was
added to the list.
(2) Exceptions.--The Secretary, in consultation with the
appropriate agency providing a loan or grant, may waive the
eligibility restriction provided under subsection (a) if the
employer applying for such loan or grant demonstrates that a
lack of such loan or grant would--
(A) threaten national security;
(B) result in substantial job loss in the United
States; or
(C) harm the environment.
(c) Preference in Federal Contracting for Not Relocating a Call
Center Overseas.--The head of an agency, when awarding a civilian or
defense-related contract, shall give preference to a United States
employer that does not appear on the list required by subsection
(a)(2)(A).
(d) Effective Date.--This section shall take effect on the date
that is 1 year after the date of the enactment of this Act.
SEC. 4. RULE OF CONSTRUCTION RELATED TO FEDERAL BENEFITS FOR WORKERS.
No provision of section 3 shall be construed to permit withholding
or denial of payments, compensation, or benefits under any provision of
Federal law (including Federal unemployment compensation, disability
payments, or worker retraining or readjustment funds) to workers
employed by employers that relocate operations outside the United
States.
SEC. 5. REQUIRED DISCLOSURE BY BUSINESS ENTITIES ENGAGED IN CUSTOMER
SERVICE COMMUNICATIONS OF PHYSICAL LOCATION.
(a) In General.--Except as provided in subsection (b), a business
entity that either initiates or receives a customer service
communication shall require that each of its employees or agents
participating in the communication disclose their physical location at
the beginning of each customer service communication so initiated or
received.
(b) Exceptions.--
(1) Business entities located in the united states.--The
requirements of subsection (a) shall not apply to a customer
service communication involving a business entity if all of the
employees or agents of the business entity participating in
such communication are physically located in the United States.
(2) Communication initiated by consumer knowingly to
foreign entity or address.--The requirements of subsection (a)
shall not apply to an employee or agent of a business entity
participating in a customer service communication with a
consumer if--
(A) the customer service communication was
initiated by the consumer;
(B) the employee or agent is physically located
outside the United States; and
(C) the consumer knows or reasonably should know
that the employee or agent is physically located
outside the United States.
(3) Emergency services.--The requirements of subsection (a)
shall not apply to a customer service communication relating to
the provision of emergency services (as defined by the Federal
Trade Commission).
(4) Business entities and customer service communications
excluded by federal trade commission.--The Federal Trade
Commission may exclude certain classes or types of business
entities or customer service communications from the
requirements of subsection (a) if the Commission finds
exceptionally compelling circumstances that justify such
exclusion.
(c) Transfer to U.S.-Based Customer Service Center.--A business
entity that is subject to the requirements of subsection (a) shall, at
the request of a customer, transfer the customer to a customer service
agent who is physically located in the United States.
(d) Certification Requirement.--Each year, each business entity
that participates in a customer service communication shall certify to
the Federal Trade Commission that it has complied or failed to comply
with the requirements of subsections (a) and (c).
(e) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Federal Trade Commission shall promulgate
such regulations as may be necessary to carry out the provisions of
this section.
(f) Effective Date.--The requirements of subsection (a) shall apply
with respect to customer service communications occurring on or after
the date that is 1 year after the date of the enactment of this Act.
SEC. 6. ENFORCEMENT.
(a) In General.--Any failure to comply with the provisions of
section 5 shall be treated as a violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(b) Powers of Federal Trade Commission.--
(1) In general.--The Federal Trade Commission shall prevent
any person from violating section 5 and any regulation
promulgated thereunder, 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 (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this Act.
(2) Penalties.--Any person who violates regulations
promulgated under section 5 shall be subject to the penalties
and entitled to the privileges and immunities provided in the
Federal Trade Commission Act in the same manner, by the same
means, and with the same jurisdiction, power, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act were incorporated into and made part of this
Act.
(c) Authority Preserved.--Nothing in this section or section 5
shall be construed to limit the authority of the Federal Trade
Commission under any other provision of law. | United States Call Center Worker and Consumer Protection Act of 2012 - Requires a business enterprise that employs 50 or more employees, excluding part-time employees, or 50 or more employees who in the aggregate work at least 1,500 hours per week, exclusive of overtime, in a call center to notify the Secretary of Labor at least 120 days before relocating such center outside of the United States. Subjects violators to a civil penalty of up to $10,000 a day. Directs the Secretary to establish, maintain, and make publicly available a list of all such employers that relocate a call center. Authorizes the Secretary to remove from the list an employer that has relocated the call center from a location outside the United States to a location inside the United States.
Requires such an employer to remain on the list for up to three years after each relocation. Makes such an employer ineligible for federal grants or federal guaranteed loans for five years after being added to the list, except where the employer demonstrates that a lack of such loan or grant would threaten national security, result in substantial job loss in the United States, or harm the environment. Requires the head of federal or state executive agency or military department, when awarding a civilian or defense-related contract, to give preference to a U.S. employer that does not appear on the list.
Requires a business entity that initiates or receives a customer service communication to require each of its employees or agents participating in the communication to disclose their physical location at the beginning of each such communication unless all involved employees or agents are located in the United States. Exempts any communication: (1) initiated by a consumer if the consumer knows or reasonably should know that the employee or agent is located outside the United States, or (2) related to the provision of emergency services. Requires such a business entity, upon request, to transfer a customer to a customer service agent who is physically located in the United States.
Authorizes the Federal Trade Commission (FTC) to exclude certain classes or types of business entities or customer services communications from the requirements of this Act under exceptionally compelling circumstances. Sets forth enforcement provisions. | {"src": "billsum_train", "title": "A bill to require the Secretary of Labor to maintain a publicly available list of all employers that relocate a call center overseas, to make such companies ineligible for Federal grants or guaranteed loans, and to require disclosure of the physical location of business agents engaging in customer service communications, and for other purposes."} | 2,298 | 471 | 0.55483 | 1.675576 | 0.714971 | 3.736077 | 4.920097 | 0.927361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Family Protection
Act''.
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(z)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of the Social
Security Act (42 U.S.C. 423) is amended by adding at the end the
following:
``Last Payment of Benefit Terminated by Death
``(j)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of the Social Security Act (42 U.S.C. 428) is amended by adding at
the end the following:
``Last Payment of Benefit Terminated by Death
``(i)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH
OF RECIPIENT'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a)(3) of the Social
Security Act (42 U.S.C. 402(a)(3)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1)(D) of such Act (42
U.S.C. 402(b)(1)(D)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(5)(B) of the
Social Security Act (42 U.S.C. 402(b)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1)(D) of the Social
Security Act (42 U.S.C. 402(c)(1)(D)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii)(II) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(5)(B) of the
Social Security Act (42 U.S.C. 402(c)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of the Social
Security Act (42 U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of the Social
Security Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: she remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: she remarries, or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of the Social
Security Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: he remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which he dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: he remarries,''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
the Social Security Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of the Social
Security Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: such parent dies, marries,'' in the matter following
subparagraph (E) and inserting ``ending with the month in which such
parent dies or (if earlier) with the month preceding the first month in
which any of the following occurs: such parent marries,''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of the Social
Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with
the month preceding whichever of the following months is the earliest:
the month in which he dies,'' in the matter following subparagraph (D)
and inserting the following: ``ending with the month in which he dies
or (if earlier) with whichever of the following months is the
earliest:''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of the Social Security Act (42 U.S.C. 428(a)) is amended by
striking ``the month preceding'' in the matter following paragraph (4).
(k) Exemption From Maximum Benefit Cap.--Section 203 of the Social
Security Act (42 U.S.C. 403) is amended by adding at the end the
following:
``Exemption From Maximum Benefit Cap
``(m) Notwithstanding any other provision of this section, the
application of this section shall be made without regard to any amount
received by reason of section 202(z), 223(j), or 228(i).''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the date that is 180 days after the date of the
enactment of this Act. | Social Security Family Protection Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that, if an OASDI recipient dies during the first 15 days of a month, the OASDI benefit for that month shall be reduced by 50 percent. | {"src": "billsum_train", "title": "Social Security Family Protection Act"} | 2,192 | 76 | 0.52182 | 1.211331 | 0.117187 | 2.368421 | 31.473684 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Screening Hearts in Newborns for
Early Detection of Congenital Heart Defect Act'' or the ``SHINE Act''.
SEC. 2. PROGRAMS TO IMPROVE NEWBORN SCREENING, EVALUATION, AND
INTERVENTION FOR CRITICAL CONGENITAL HEART DEFECT.
(a) Statewide Newborn Screening Programs, Evaluation and
Intervention Programs and Information Systems.--
(1) In general.--The Secretary of Health and Human Services
shall make awards of grants or cooperative agreements to States
to--
(A) develop and improve, with respect to critical
congenital heart defect, statewide newborn CCHD
screening, evaluation, diagnosis, results reporting,
data collection and surveillance, and intervention
programs and systems; and
(B) assist in the recruitment, retention,
education, and training of qualified personnel;
for the purposes described in paragraph (2).
(2) Purposes.--For purposes of paragraph (1), the purposes
described in this paragraph are the following:
(A) To develop and monitor the efficacy of
statewide programs and systems for CCHD screening of
newborns, evaluate and diagnose newborns referred from
screening programs, and provide for educational and
medical interventions for newborns identified with
critical congenital heart defect (and other health
conditions associated with hypoxemia).
(B) To provide for early intervention, including--
(i) referral to and delivery of information
and services, relating to CCHD screening,
evaluation, and diagnosis, by entities and
agencies, including clinical, community,
consumer, and parent-based agencies and
organizations; and
(ii) other programs mandated by part C of
the Individuals with Disabilities Education Act
(20 U.S.C. 1431 et seq.), which offer programs
specifically designed to meet the unique needs
of newborns with critical congenital heart
defect and which establish and foster family-
to-family support mechanisms critical in the
first months after a newborn is identified with
critical congenital heart defect.
(C) To collect data on statewide newborn CCHD
screening and screening of secondary conditions and
evaluation and intervention programs and systems that
can be applied for quality improvement, research,
program evaluation, and policy development.
(D) To encourage the adoption by State agencies of
models described in subparagraph (E).
(E) To provide for other activities, which may
include the development of efficient models to ensure
that newborns who are identified with critical
congenital heart defect through screening receive
follow-up by a qualified health care provider.
(b) CCHD Information and Surveillance Systems and Applied
Research.--
(1) Centers for disease control and prevention.--In
accordance with the recommendations described in paragraph (5),
the Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall make awards of grants or
cooperative agreements to provide technical assistance to State
agencies to complement intramural programs and to conduct
applied research related to newborn CCHD screening, evaluation
and intervention programs, and data collection and information
systems, such as--
(A) standardized procedures for data management and
program effectiveness to ensure quality monitoring of
newborn CCHD screening, evaluation, diagnosis, and
intervention programs and systems;
(B) evaluation of the current capacity of existing
population-based State surveillance and tracking to
monitor the effectiveness of newborn CCHD screening to
reduce infant mortality and morbidity;
(C) provision of technical assistance on data
collection and management, including leveraging an
electronic health record framework for critical
congenital heart defect data and reporting;
(D) study of the costs and effectiveness of newborn
CCHD screening and secondary targets and nontarget
conditions associated with hypoxemia;
(E) evaluation and intervention programs and
systems conducted by State-based programs in order to
answer issues of importance to State and national
policymakers;
(F) further study of the causes and risk factors
for critical congenital heart defect;
(G) study of the effectiveness of newborn CCHDs
screening, followup diagnostics, medical evaluations
and intervention programs and systems by assessing the
health, intellectual, and social developmental,
cognitive, and neurodevelopmental status of such
children as they grow and enter school age; and
(H) data reporting by State agencies to the
Department of Health and Human Services regarding CCHD
screening conducted as part of State-based birth
defects monitoring and long-term follow up programs for
the purpose of providing appropriate services.
(2) National institutes of health.--In accordance with the
recommendations described in paragraph (5), the Director of the
National Institutes of Health shall, for purposes of this
section--
(A) conduct a program of research and development
on the efficacy of new screening techniques and
technology, including clinical studies of screening
methods, follow-up diagnostic tools, and studies on
efficacy of intervention and related research; and
(B) acting through the National Library of Medicine
of the National Institutes of Health, assist the
Secretary with the development and deployment of
expanded coding terminology for pulse oximetry
screening for CCHD and follow-up diagnostic testing
related to screening and integrating results into
electronic medical records and as part of
interoperability with public health information
systems.
(3) Health resources services administration.--In
accordance with the recommendations described in paragraph (5),
the Administrator of the Health Resources and Services
Administration shall, in coordination with the Director of the
Centers for Disease Control and Prevention--
(A) guide the assessment and improvement of
screening standards and infrastructure needed for the
implementation of a public health approach to point of
care screening for congenital heart defects; and
(B) coordinate and collaborate in assisting States
to establish newborn CCHD screening and other secondary
conditions associated with hypoxemia, evaluation,
diagnosis, and intervention programs and systems under
paragraph (1) and to develop a data collection system
under paragraph (2).
(4) FDA center for devices and radiological health.--In
accordance with the recommendations described in paragraph (5),
the Center for Devices and Radiological Health of the Food and
Drug Administration shall provide guidance to health care
providers, industry, and staff of the Food and Drug
Administration on pulse oximeters and the unique role of pulse
oximetry in screening neonatal patients.
(5) Recommendations.--The recommendations described in this
paragraph are the following recommendations contained in the
plan of action of the Interagency Coordinating Committee on
Newborn and Child Screening established under section 114 of
the Public Health Service Act (42 U.S.C. 300b-13):
(A) The recommendation for the Centers for Disease
Control and Prevention to fund surveillance activities
to monitor the CCHD link to infant mortality and other
health outcomes.
(B) The recommendation for the National Institutes
of Health to fund research activities to determine the
relationships among the screening technology,
diagnostic processes, care provided, and health
outcomes of affected newborns with CCHD as a result of
prospective newborn screening.
(C) The recommendation for the Health Resources and
Services Administration to guide the development of
screening standards and infrastructure needed for the
implementation of a public health approach to point of
service screening for critical congenital cyanotic
heart defect.
(D) The recommendation for the Health Resources and
Services Administration to fund the development of, in
collaboration with public health and health care
professional organizations and families, appropriate
education and training materials for families and
public health and health care professionals relevant to
the screening and treatment of CCHD.
(6) Consultation.--In carrying out programs under this
subsection, the Administrator of the Health Resources and
Services Administration, the Director of the Centers for
Disease Control and Prevention, and the Director of the
National Institutes of Health shall collaborate and consult
with other Federal agencies; State and local agencies,
including those responsible for newborn screening and early
intervention services under the Medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.), under
the Children's Health Insurance Program under title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.) (State
Children's Health Insurance Program), under the Maternal and
Child Health Block Grant Program under title V of the Social
Security Act (42 U.S.C. 701 et seq.), and under part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1431 et
seq.); consumer groups of, and those that serve, individuals
with congenital heart defect and families of such individuals;
appropriate national medical and other health and education
specialty organizations; persons living with critical
congenital heart defect and families of such persons; other
qualified professional personnel who are proficient in
congenital heart defect, CCHD, and related conditions, and who
possess the specialized knowledge, skills, and attributes
needed to serve newborns, infants, toddlers, and children
diagnosed with congenital heart defect and families of such
newborns, infants, toddlers, and children; third-party payers
and managed care organizations; and related commercial
industries.
(7) Policy development.--The Administrator of the Health
Resources and Services Administration, the Director of the
Centers for Disease Control and Prevention, and the Director of
the National Institutes of Health shall coordinate and
collaborate to develop and update recommendations for policy
development at the Federal and State levels and with the
private sector, including consumer, medical, and other health
and education professional-based organizations, with respect to
newborn screening, evaluation, diagnosis, and intervention
programs and systems. Such recommendations and updates shall be
made available on the public Web site of the Department of
Health and Human Services.
(c) Definitions.--For purposes of this section:
(1) The term ``CCHD'' means critical congenital heart
defect.
(2) The term ``newborn CCHD screening'' means objective
physiologic procedures to detect possible congenital heart
problems and to identify newborns and infants who require
further medical evaluations or interventions.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for each of fiscal years 2017 through 2021. | Screening Hearts in Newborns for Early Detection of Congenital Heart Defect Act or the SHINE Act This bill requires the Department of Health and Human Services (HHS) to award grants or cooperative agreements to states for: (1) developing and improving statewide newborn critical congenital heart defect (CCHD) screening, evaluation, diagnosis, results reporting, data collection and surveillance, and intervention programs and systems; and (2) assisting in the recruitment, retention, education, and training of qualified personnel for related purposes. The Centers for Disease Control and Prevention must award grants or cooperative agreements to provide technical assistance to states in order to support programs and research concerning newborn CCHD screening, evaluation and intervention, and data collection and information systems. The National Institutes of Health must: (1) conduct a CCHD research and development program on the efficacy of new screening techniques and technology, and (2) assist HHS in developing and deploying expanded coding terminology for pulse oximetry screening for CCHD and related evaluation and data collection. The Health Resources and Services Administration must: (1) guide the assessment and improvement of screening standards and infrastructure needed for the implementation of a public health approach to point of care screening for congenital heart defects, and (2) develop a CCHD data collection system. The Center for Devices and Radiological Health must provide guidance to health care providers, industry, and staff of the Food and Drug Administration on pulse oximeters and the unique role of pulse oximetry in screening neonatal patients. | {"src": "billsum_train", "title": "SHINE Act"} | 2,172 | 320 | 0.717094 | 2.317863 | 0.884207 | 4.90106 | 7.222615 | 0.943463 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Property Rights
Implementation Act of 2000''.
SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES.
Section 1343 of title 28, United States Code, is amended by adding
at the end the following:
``(c) Whenever a district court exercises jurisdiction under
subsection (a) in an action in which the operative facts concern the
uses of real property, it shall not abstain from exercising or
relinquish its jurisdiction to a State court in an action in which no
claim of a violation of a State law, right, or privilege is alleged, if
a parallel proceeding in State court arising out of the same operative
facts as the district court proceeding is not pending.
``(d) If the district court has jurisdiction over an action under
subsection (a) in which the operative facts concern the uses of real
property and which cannot be decided without resolution of an unsettled
question of State law, the district court may certify the question of
State law to the highest appellate court of that State. After the State
appellate court resolves the question certified to it, the district
court shall proceed with resolving the merits. The district court shall
not certify a question of State law under this subsection unless the
question of State law--
``(1) will significantly affect the merits of the injured
party's Federal claim; and
``(2) is patently unclear.
``(e)(1) Any claim or action brought under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983) to redress the
deprivation of a property right or privilege secured by the
Constitution shall be ripe for adjudication by the district courts upon
a final decision rendered by any person acting under color of any
statute, ordinance, regulation, custom, or usage, of any State or
territory of the United States, that causes actual and concrete injury
to the party seeking redress.
``(2)(A) For purposes of this subsection, a final decision exists
if--
``(i) any person acting under color of any statute,
ordinance, regulation, custom, or usage, of any State or
territory of the United States, makes a definitive decision, as
described in clauses (ii) and (iii), regarding the extent of
permissible uses on the property that has been allegedly
infringed or taken;
``(ii)(I) one meaningful application, as defined by
applicable law, to use the property has been submitted but has
been disapproved without a written explanation as described in
subclause (II), and the party seeking redress has applied for
one appeal and one waiver which has been disapproved, in a case
in which the applicable statute, ordinance, custom, or usage
provides a mechanism for appeal to or waiver by an
administrative agency; or
``(II) one meaningful application, as defined by applicable
law, to use the property has been submitted but has been
disapproved, and the disapproval explains in writing the use,
density, or intensity of development of the property that would
be approved, with any conditions therefor, and the party
seeking redress has resubmitted another meaningful application
taking into account the terms of the disapproval, except that--
``(aa) if no such reapplication is submitted, then
a final decision shall not have been reached for
purposes of this subsection, except as provided in
subparagraph (B); and
``(bb) if the reapplication is disapproved, or if
the reapplication is not required under subparagraph
(B), then a final decision exists for purposes of this
subsection if the party seeking redress has applied for
one appeal and one waiver with respect to the
disapproval, which has been disapproved, in a case in
which the applicable statute, ordinance, custom, or
usage provides a mechanism of appeal to or waiver by an
administrative agency; and
``(iii) if the applicable statute or ordinance provides for
review of the case by elected officials, the party seeking
redress has applied for but is denied such review, or is
allowed such review and the meaningful application is
disapproved.
``(B) The party seeking redress shall not be required to apply for
an appeal or waiver described in subparagraph (A) if no such appeal or
waiver is available, if it cannot provide the relief requested, or if
the application or reapplication would be futile.
``(3) For purposes of clauses (ii) and (iii) of paragraph (2), the
failure to act within a reasonable time on any application,
reapplication, appeal, waiver, or review of the case shall constitute a
disapproval.
``(4) For purposes of this subsection, a case is ripe for
adjudication even if the party seeking redress does not exhaust
judicial remedies provided by any State or territory of the United
States.
``(f) Nothing in subsection (c), (d), or (e) alters the substantive
law of takings of property, including the burden of proof borne by the
plaintiff.''.
SEC. 3. UNITED STATES AS DEFENDANT.
Section 1346 of title 28, United States Code, is amended by adding
at the end the following:
``(h)(1) Any claim brought under subsection (a) that is founded
upon a property right or privilege secured by the Constitution, but was
allegedly infringed or taken by the United States, shall be ripe for
adjudication upon a final decision rendered by the United States, that
causes actual and concrete injury to the party seeking redress.
``(2) For purposes of this subsection, a final decision exists if--
``(A) the United States makes a definitive decision, as
defined in subparagraph (B), regarding the extent of
permissible uses on the property that has been allegedly
infringed or taken; and
``(B) one meaningful application, as defined by applicable
law, to use the property has been submitted but has been
disapproved, and the party seeking redress has applied for one
appeal or waiver which has been disapproved, in a case in which
the applicable law of the United States provides a mechanism
for appeal to or waiver by an administrative agency.
The party seeking redress shall not be required to apply for an appeal
or waiver described in subparagraph (B) if no such appeal or waiver is
available, if it cannot provide the relief requested, or if application
or reapplication to use the property would be futile.
``(3) For purposes of paragraph (2), the United States' failure to
act within a reasonable time on any application, appeal, or waiver
shall constitute a disapproval.
``(4) Nothing in this subsection alters the substantive law of
takings of property, including the burden of proof borne by the
plaintiff.''.
SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS.
Section 1491(a) of title 28, United States Code, is amended by
adding at the end the following:
``(3) Any claim brought under this subsection founded upon a
property right or privilege secured by the Constitution, but allegedly
infringed or taken by the United States, shall be ripe for adjudication
upon a final decision rendered by the United States, that causes actual
and concrete injury to the party seeking redress. For purposes of this
paragraph, a final decision exists if--
``(A) the United States makes a definitive decision, as
described in subparagraph (B), regarding the extent of
permissible uses on the property that has been allegedly
infringed or taken; and
``(B) one meaningful application, as defined by applicable
law, to use the property has been submitted but has been
disapproved, and the party seeking redress has applied for one
appeal or waiver which has been disapproved, in a case in which
the applicable law of the United States provides a mechanism
for appeal or waiver.
The party seeking redress shall not be required to apply for an appeal
or waiver described in subparagraph (B) if no such appeal or waiver is
available, if it cannot provide the relief requested, or if application
or reapplication to use the property would be futile. For purposes of
subparagraph (B), the United States' failure to act within a reasonable
time on any application, appeal, or waiver shall constitute a
disapproval. Nothing in this paragraph alters the substantive law of
takings of property, including the burden of proof borne by the
plaintiff.''.
SEC. 5. DUTY OF NOTICE TO OWNERS.
Whenever a Federal agency takes an agency action limiting the use
of private property that may be affected by the amendments made by this
Act, the agency shall, not later than 30 days after the agency takes
that action, give notice to the owners of that property explaining
their rights under such amendments and the procedures for obtaining any
compensation that may be due to them under such amendments.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to actions commenced on
or after the date of the enactment of this Act.
Passed the House of Representatives March 16, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
By Martha C. Morrison,
Deputy Clerk. | Specifies that: (1) if the district court has jurisdiction over such an action in which the operative facts concern the uses of real property and which cannot be decided without resolution of an unsettled question of State law, it may certify the State law question to the highest appellate court of that State; and (2) after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. Prohibits the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and such question is patently unclear.Declares that any claim or action brought under provisions regarding civil actions for deprivation of rights to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage of any State or territory of the United States that causes actual and concrete injury to the party seeking redress.Sets forth provisions regarding what constitutes a "final decision." Specifies that: (1) the party seeking redress shall not be required to apply for an appeal or waiver if no such appeal or waiver is available, if it cannot provide the relief requested, or if the application or re-application would be futile; (2) the failure to act within a reasonable time on any application, re-application, appeal, waiver, or review of the case shall constitute a disapproval; and (3) a case is ripe for adjudication even if the party seeking redress does not exhaust judicial remedies provided by any State or territory of the United States.(Sec. 3) Declares that any claim brought under provisions regarding the United States as a defendant, or under provisions regarding jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress.(Sec. 5) Requires a Federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, not later than 30 days after the agency takes that action, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments. | {"src": "billsum_train", "title": "Private Property Rights Implementation Act of 2000"} | 2,077 | 570 | 0.747673 | 2.466205 | 0.708069 | 6.947589 | 4.031447 | 0.951782 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communications Decency Act of
1995''.
SEC. 2. OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS FACILITIES UNDER
THE COMMUNICATIONS ACT OF 1934.
(a) Offenses.--Section 223 of the Communications Act of 1934 (47
U.S.C. 223) is amended--
(1) in subsection (a)(1)--
(A) by striking out ``telephone'' in the matter
above subparagraph (A) and inserting
``telecommunications device'';
(B) by striking out ``makes any comment, request,
suggestion, or proposal'' in subparagraph (A) and
inserting ``makes, transmits, or otherwise makes
available any comment, request, suggestion, proposal,
image, or other communication'';
(C) by striking out subparagraph (B) and inserting
the following:
``(B) makes a telephone call or utilizes a
telecommunications device, whether or not conversation
or communications ensues, without disclosing his
identity and with intent to annoy, abuse, threaten, or
harass any person at the called number or who receives
the communication;'' and
(D) by striking out subparagraph (D) and inserting
the following:
``(D) makes repeated telephone calls or repeatedly
initiates communication with a telecommunications
device, during which conversation or communication
ensues, solely to harass any person at the called
number or who receives the communication; or'';
(2) in subsection (a)(2), by striking ``telephone
facility'' and inserting ``telecommunications facility'';
(3) in subsection (b)(1)--
(A) in subparagraph (A)--
(i) by striking ``telephone'' and inserting
``telecommunications device''; and
(ii) inserting ``or initiated the
communication'' and ``placed the call'', and
(B) in subparagraph (B), by striking ``telephone
facility'' and inserting ``telecommunications
facility''; and
(4) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by striking ``by means of telephone,
makes'' and inserting ``by means of telephone
or telecommunications device, makes, knowingly
transmits, or knowingly makes available''; and
(ii) by inserting ``or initiated the
communication'' after ``placed the call''; and
(B) in subparagraph (B), by striking ``telephone
facility'' and inserting in lieu thereof
``telecommunications facility''.
(b) Penalties.--Section 223 of such Act (47 U.S.C. 223) is
amended--
(1) by striking out ``$50,000'' each place it appears and
inserting ``$100,000''; and
(2) by striking ``six months'' each place it appears and
inserting ``2 years''.
(c) Prohibition on Provision of Access.--Subsection (c)(1) of such
section (47 U.S.C. 223(c)) is amended by striking ``telephone'' and
inserting ``telecommunications device.''
(d) Conforming Amendment.--The section heading for such section is
amended to read as follows: ``obscene or harassing utilization of
telecommunications devices and facilities in the district of columbia
or in interstate or foreign communications''.
SEC. 3. OBSCENE PROGRAMMING ON CABLE TELEVISION.
Section 639 of the Communications Act of 1934 (47 U.S.C. 559) is
amended by striking ``$10,000'' and inserting ``$100,000''.
SEC. 4. BROADCASTING OBSCENE LANGUAGE ON RADIO.
Section 1464 of title 18, United States Code, is amended by
striking out ``$10,000'' and inserting ``$100,000''.
SEC. 5. INTERCEPTION AND DISCLOSURE OF ELECTRONIC COMMUNICATIONS.
Section 2511 of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``wire, oral, or electronic
communication'' each place it appears and inserting
``wire, oral, electronic, or digital communication'',
and
(B) in the matter designated as ``(b)'', by
striking ``oral communication'' in the matter above
clause (i) and inserting ``communication''; and
(2) in paragraph (2)(a), by striking ``wire or electronic
communication service'' each place it appears (other than in
the second sentence) and inserting ``wire, electronic, or
digital communication service''.
SEC. 6. ADDITIONAL PROHIBITION ON BILLING FOR TOLL-FREE TELEPHONE
CALLS.
Section 228(c)(6) of the Communications Act of 1934 (47 U.S.C.
228(c)(6)) is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting a semicolon and ``or''; and
(3) by adding at the end thereof the following:
``(E) the calling party being assessed, by virtue
of being asked to connect or otherwise transfer to a
pay-per-call service, a charge for the call.''.
SEC. 7. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS.
Part IV of title VI of the Communications Act of 1934 (47 U.S.C.
551 et seq.) is amended by adding at the end the following:
``SEC. 640. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS.
``(a) Requirement.--In providing video programming unsuitable for
children to any subscriber through a cable system, a cable operator
shall fully scramble or otherwise fully block the video and audio
portion of each channel carrying such programming so that one not a
subscriber does not receive it.
``(b) Definition.--As used in this section, the term `scramble'
means to rearrange the content of the signal of the programming so that
the programming cannot be received by persons unauthorized to receive
the programming.''.
SEC. 8. CABLE OPERATOR REFUSAL TO CARRY CERTAIN PROGRAMS.
(a) Public, Educational, and Governmental Channels.--Section 611(e)
of the Communications Act of 1934 (47 U.S.C. 531(e)) is amended by
inserting before the period the following: ``, except a cable operator
may refuse to transmit any public access program or portion of a public
access program which contains obscenity, indecency, or nudity''.
(b) Cable Channels for Commercial Use.--Section 612(c)(2) of the
Communications Act of 1934 (47 U.S.C. 532(c)(2)) is amended by striking
``an operator'' and inserting ``a cable operator may refuse to transmit
any leased access program or portion of a leased access program which
contains obscenity, indecency, or nudity. | Communications Decency Act of 1995 - Amends the Communications Act of 1934 to prohibit the use of any telecommunications device (currently, only the telephone) by a person not disclosing his or her identity in order to annoy, abuse, threaten, or harass any person who receives such communication. Prohibits the repeated use of a telecommunications device solely for harassment purposes. Prohibits a person from allowing the use of any telecommunications facility (currently, telephone facility) in his or her control for such purposes. Increases: (1) the fine and maximum sentence for such violations; and (2) the fine for the transmission over a cable system of obscene or otherwise unprotected material.
(Sec. 4) Amends the Federal criminal code to: (1) increase the fine for broadcasting obscene, indecent, or profane language over the radio; and (2) include digital communications in a prohibition against the interception and disclosure of various forms of communications.
(Sec. 6) Prohibits a person making a toll-free telephone call from being assessed a charge for the call by being asked to connect or otherwise transfer to a pay-per-call service.
(Sec. 7) Requires a cable operator, in providing video programming unsuitable for children to any subscriber through a cable system, to fully scramble or otherwise block the video and audio portion of each channel carrying such programming to ensure that one not a subscriber to such programming does not receive it.
(Sec. 8) Allows a cable operator to refuse to transmit any portion of a public access program or leased access program which contains obscenity, indecency, or nudity. | {"src": "billsum_train", "title": "Communications Decency Act of 1995"} | 1,706 | 393 | 0.538709 | 1.582776 | 0.706645 | 2.864353 | 4.321767 | 0.845426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Access to Public Science
Act''.
SEC. 2. PUBLIC ACCESS POLICY.
(a) In General.--Each covered agency shall formulate and implement
a public access policy to make covered works publicly available,
without charge, on the day after the end of the embargo period, in a
manner consistent with copyright law.
(b) Specifications.--The public access policy shall--
(1) allow the public to read, download, and analyze by
machine covered works in digital form;
(2) facilitate easy public search of, analysis of, and
access to covered works;
(3) encourage public-private collaboration to--
(A) maximize the potential for interoperability
between public and private platforms;
(B) avoid unnecessary duplication of existing
mechanisms; and
(C) maximize the impact of the covered agency's
research investment;
(4) ensure that attribution to authors, journals, and
original publishers is maintained; and
(5) ensure that publications and metadata are stored in an
archive that--
(A) provides for long-term preservation and access
to full content of the covered work without charge,
where appropriate, and balancing cost and public value;
(B) uses a standard, widely available, and, to the
extent possible, nonproprietary archival format for
text and associated content, including images, video,
and supporting data;
(C) provides access for persons with disabilities
consistent with section 508 of the Rehabilitation Act
of 1973 (29 U.S.C. 794d); and
(D) enables integration and interoperability with
other public access repositories.
(c) Metadata.--Notwithstanding subsection (a), a covered agency's
public access policy shall ensure full public access to covered works'
metadata without charge upon first publication in a data format that
ensures interoperability with current and anticipated future search
technology. Where possible, the metadata shall provide a link to the
location where the full text and associated supplemental materials will
be made available at the end of the applicable embargo period.
SEC. 3. FORMULATION OF A PUBLIC ACCESS POLICY.
(a) In General.--Each public access policy shall include--
(1) a strategy for enabling the public to electronically
locate and access publications resulting from federally funded
scientific research;
(2) a strategy for maintaining a repository or
repositories, either within the covered agency or through an
arrangement with another Federal agency or agencies or through
an arrangement with a public or private entity, if consistent
with the purposes of this Act, including free public access in
perpetuity, interoperability, and long-term preservation, so
long as the covered agency maintains an active Web link to the
repository or repositories for public access;
(3) a strategy for incorporating existing covered works
into the repository or repositories required under paragraph
(2) to the extent practicable;
(4) a strategy for notifying research funding recipients of
their obligations under this Act; and
(5) a strategy for taking into account different funding
models for scholarly publishing, including author-pays fees, in
the covered agency's grant and other funding mechanisms.
(b) Coordination With Stakeholders.--In developing its public
access policy, the covered agency shall use a transparent process for
soliciting views from stakeholders, including federally funded
researchers, institutions of higher education, libraries, publishers,
users of federally funded research results, and civil society groups.
(c) Coordination With Other Federal Agencies.--In developing its
public access policy, the covered agency shall collaborate and
coordinate with other Federal agencies to maximize the consistency and
compatibility of public access across the Federal Government.
(d) Report to Congress.--Not later than 6 months after the date of
enactment of this Act, each covered agency shall transmit a report,
containing its public access policy and the mechanism described in
section 6, to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 4. IMPLEMENTATION OF PUBLIC ACCESS POLICY.
(a) In General.--Not later than 1 year after the transmission of
the report required under section 3(d), each covered agency shall
implement its public access policy.
(b) Input.--The implementation of such policy, including the
mechanism described in section 6, shall consider input provided by
relevant stakeholders and other Federal agencies.
(c) Savings Provision.--Nothing in this Act shall affect the
application of United States copyright law.
SEC. 5. PERIODIC REVIEW.
(a) In General.--At least once every 5 years, each covered agency
shall revise, as necessary, its public access policy, including the
mechanism described in section 6.
(b) Report to Congress.--Each covered agency shall transmit a
report containing its public access policy and the mechanism described
in section 6, as revised under subsection (a), to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate not
later than 30 days after completing such revision.
SEC. 6. MECHANISM FOR MODIFICATION OF EMBARGO PERIOD.
Each covered agency, in coordination with the stakeholders
described in section 3(b), shall provide a mechanism for a stakeholder
to petition to change the embargo period under this section for
specific covered works by presenting evidence that the public interest
will be substantially and uniquely harmed under a covered agency's
public access policy related to such work. If a covered agency
determines that the public interest will be substantially and uniquely
harmed upon reviewing the petition, the covered agency may change the
embargo period by no more than 6 months at a time from its current
embargo period.
SEC. 7. DEFINITIONS.
For the purposes of this Act--
(1) the term ``covered agency'' means--
(A) the National Aeronautics and Space
Administration;
(B) the National Science Foundation;
(C) the National Institute of Standards and
Technology; and
(D) the National Weather Service.
(2) the term ``covered work'' means any peer-reviewed
research results published in scholarly publications that are
based on research funded in whole or in part by a covered
agency, but such term does not include--
(A) research progress reports presented at
professional meetings or conferences;
(B) laboratory notes, preliminary data analyses,
notes of the author, phone logs, or other information
used to produce final manuscripts;
(C) classified research; or
(D) work not submitted to a peer-reviewed
publication or work that is rejected by a peer-reviewed
publication; and
(3) the term ``embargo period'' means the period of time no
more than 12 months after the initial date of publication of a
covered work, unless modified under section 6. | Public Access to Public Science Act - Directs each of the covered agencies (the National Aeronautics and Space Administration [NASA], National Science Foundation [NSF], National Institute of Standards and Technology [NIST], and National Weather Service [NWS]) to formulate and implement a public access policy to make covered works publicly available, without charge, on the day after the end of an embargo period. Defines: (1) "covered work" as any peer-reviewed research results published in scholarly publications, with certain exceptions, that are based on research funded in whole or in part by a covered agency; and (2) "embargo period" as the period of time no more than 12 months after the initial date of publication of a covered work, unless modified. Specifies that the public access policy shall: (1) allow the public to read, download, and analyze by machine covered works in digital form; (2) facilitate easy public search of, analysis of, and access to covered works; (3) encourage public-private collaboration; (4) ensure that attribution to authors, journals, and original publishers is maintained; and (5) ensure that publications and metadata are stored in an archive. Requires a covered agency's public access policy to ensure full public access to covered works' metadata, without charge, upon first publication. Requires each covered agency, in coordination with specified stakeholders, to provide a mechanism for a stakeholder to petition to change the embargo period for specific covered works by presenting evidence that the public will be substantially and uniquely harmed under the agency's public access policy related to that work. | {"src": "billsum_train", "title": "Public Access to Public Science Act"} | 1,509 | 358 | 0.698032 | 2.382529 | 0.747222 | 6.360248 | 4.375776 | 0.900621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Battle of Midway National Memorial
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) September 2, 1995, marks the 50th anniversary of the
United States victory over Japan in World War II.
(2) The Battle of Midway proved to be the turning point in
the war in the Pacific, as United States Navy forces inflicted
such severe losses on the Imperial Japanese Navy during the
battle that the Imperial Japanese Navy never again took the
offensive against United States or allied forces.
(3) During the Battle of Midway, an outnumbered force of
the United States Navy, consisting of 29 ships and other units
of the Armed Forces under the command of Admiral Nimitz and
Admiral Spruance, out-maneuvered and out-fought 350 ships of
the Imperial Japanese Navy.
(4) It is in the public interest to erect a memorial to the
Battle of Midway that is suitable to express the enduring
gratitude of the American people for victory in the battle and
to inspire future generations of Americans with the heroism and
sacrifice of the members of the Armed Forces who achieved that
victory.
SEC. 3. ESTABLISHMENT.
(a) In General.--There is established the Battle of Midway National
Memorial (referred to in this Act as the ``Memorial'').
(b) Lease of Land.--The Secretary of the Navy shall lease to the
International Midway Memorial Foundation, Inc. (referred to in this Act
as the ``Foundation''), for use as a Memorial for the Battle of Midway,
the lands (including any equipment, facilities, infrastructure, and
other improvements to such lands) and waters of the Midway Islands that
are owned by the United States, are within the jurisdiction of the
Secretary, and are designated as historic landmarks.
(c) Terms and Conditions of Lease.--
(1) Term of lease.--The lease under this subsection shall
be for a term of 99 years.
(2) Consideration.--As consideration for the lease under
this subsection, the Foundation shall pay to the United States
the amount of $1 per year for each year of the term of the
lease. The Secretary shall deposit the amount in the Treasury
as miscellaneous receipts.
(d) Management.--In managing the Memorial, the Foundation shall--
(1) determine the boundaries of all properties, including
those comprising the airstrip on Eastern Island, bunkers, cable
buildings, and gun emplacements on the Midway Atolls, which the
Secretary of the Interior shall designate as historic landmarks
open to the public;
(2) maintain the lands (including any equipment,
facilities, infrastructure, and other improvements to such
lands) and waters that are so designated;
(3) continue management of the remainder of Midway Atolls
as a wildlife refuge;
(4) provide for use of the waters, shoals, and reefs
adjacent to the Midway Islands consistent with protection of
the natural habitat of the Hawaiian monk seal and the green sea
turtle;
(5) allow facilities on Sand Island to continue to function
as--
(A) a Coast Guard air-sea rescue facility;
(B) a commercial air terminal;
(C) a private and contract aircraft refueling site;
and
(D) a seaport facility;
(6) at its discretion, erect such structures and facilities
on Sand Island as the Foundation considers necessary to support
visitors to the Memorial; and
(7) establish a Battle of Midway Memorial Museum on Sand
Atoll.
(e) Access Requirements.--
(1) Access by foundation.--The Secretary shall provide the
Foundation such access to the lands and waters covered by the
lease under subsection (b) as the Foundation shall require in
order to improve, operate, and maintain the Memorial.
(2) Access by others.--The Secretary shall not limit the
number of members of the public who may have access to the
Midway Islands or to the Memorial established under this Act.
(f) Performance of Functions Under Contract.--The Foundation may
perform any of its functions under this Act through contracts with
private entities under such terms and conditions as the Foundation
considers to be in the best interests of the Memorial, including
provisions for payment of a portion of the revenues derived from
operations under contract into the fund established under subsection
(h) in appropriate amounts to assist in the accomplishment of the
purposes described in paragraph (3) of that subsection.
(g) Advisory Assistance for Foundation.--The Secretary shall
appoint an advisory board which shall provide advisory services to the
Foundation for the Memorial. The Secretary shall appoint as members of
the advisory board the following:
(1) Appropriate employees of the Department of Defense.
(2) In consultation with the Secretary of the Interior,
appropriate employees of the United States Fish and Wildlife
Service and of the National Park Service.
(3) In consultation with the Secretary of Transportation,
appropriate employees of the Coast Guard.
(4) Individuals from the private sector.
(5) Members of the Foundation.
(h) Battle of Midway Memorial Fund.--
(1) Establishment.--The Foundation shall establish a fund
to be known as the ``Battle of Midway Memorial Fund'' (referred
to in this section as the ``Fund'').
(2) Transfers into the fund.--There shall be transferred
quarterly into the Fund--
(A) user fees and other revenues collected directly
by the Foundation;
(B) payments required by contracts under subsection
(f); and
(C) donations received from private sources.
(3) Purposes.--The Foundation may use amounts in the Fund
to pay the costs of making capital improvements to,
maintaining, and operating the Memorial. | Battle of Midway National Memorial Act - Establishes the Battle of Midway National Memorial. Requires the Secretary of the Navy to lease to the International Midway Memorial Foundation, Inc. for use as such Memorial, Federal lands and waters of the Midway Islands that are within the Secretary's jurisdiction and designated as historic landmarks. Sets forth the term and conditions of such lease.
Requires the management of the Memorial by the Foundation to include: (1) determining the boundaries of all properties, including those comprising the airstrip on Eastern Island, bunkers, cable buildings, and gun emplacements on the Midway Atolls (to be designated by the Secretary as historic landmarks open to the public) and maintaining such designated lands and waters; (2) continuing management of the remainder of Midway Atolls as a wildlife refuge; (3) providing for use of the waters, shoals, and reefs adjacent to the Midway Islands consistent with protection of the natural habitat of the Hawaiian monk seal and the green sea turtle; (4) allowing facilities on Sand Island to continue to function as a Coast Guard air-sea rescue facility, commercial air terminal, private and contract aircraft refueling site, and seaport facility; (5) at the Foundation's discretion, erecting facilities on Sand Island necessary to support visitors to the Memorial; and (6) establishing a Battle of Midway Memorial Museum on Sand Atoll. Provides for the appointment of an advisory board and establishment of a Memorial fund. | {"src": "billsum_train", "title": "Battle of Midway National Memorial Act"} | 1,234 | 328 | 0.638119 | 1.96759 | 0.888182 | 4.790036 | 4.192171 | 0.925267 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Frontline Health Care Act
of 2009''.
SEC. 2. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM.
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:
``Subpart XI--Frontline Health Care Services
``SEC. 340H. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM.
``(a) In General.--The Secretary shall establish and carry out a
Frontline Providers Loan Repayment Program (in this section referred to
as the `Loan Repayment Program') under which, pursuant to contracts in
accordance with this section--
``(1) the Secretary agrees to make student loan repayments;
and
``(2) the individual agrees to serve as a health
professional for a period of full-time service of not less than
2 years at a health care facility serving a frontline care
scarcity area.
``(b) Eligibility.--To be eligible to participate in the Loan
Repayment Program, an individual must--
``(1) submit an application to participate in the Loan
Repayment Program in such form and manner and at such time as
specified by the Secretary; and
``(2) sign and submit to the Secretary, at the time of
submittal of such application, a written contract (described in
subsection (d)).
``(c) Participation in Program.--
``(1) In general.--An individual becomes a participant in
the Loan Repayment Program only upon the approval of the
Secretary of the individual's application submitted under
subsection (b)(1) and the Secretary's acceptance of the
contract submitted by the individual under subsection (b)(2).
``(2) Preference.--In awarding contracts under this
section, the Secretary shall give preference to applicants who
have undertaken training or coursework in interdisciplinary
studies.
``(3) Recruitment for interdisciplinary programs.--The
Secretary shall--
``(A) determine the frontline care scarcity areas
in which to place contract recipients under this
section; and
``(B) in making such determination, give preference
to areas with a demonstrated program of
interdisciplinary health care, or with demonstrated
plans to initiate interdisciplinary approaches to
community health care.
``(4) Notice.--The Secretary shall provide written notice
to an individual promptly upon the Secretary's approving, under
paragraph (1), of the individual's participation in the Loan
Repayment Program.
``(d) Contract.--The contract described in this subsection is a
written contract between the Secretary and an individual that
contains--
``(1) an agreement that--
``(A) the Secretary agrees to provide the
individual with student loan repayment (described in
subsection (e)) for a period of time as determined by
the Secretary, to pay off debts incurred during the
course of the study or program described in subsection
(g)(2)(B); and
``(B) the individual agrees--
``(i) to accept provision of such a student
loan repayment to the individual; and
``(ii) to provide frontline care services
for a period of full-time service of not less
than 2 years at a health care facility serving
a frontline care scarcity area;
``(2) a provision that any financial obligation of the
United States arising out of a contract entered into under this
section and any obligation of the individual which is
conditioned thereon, is contingent upon funds being
appropriated for student loan repayment under this section;
``(3) a statement of the damages to which the United States
is entitled, under subsection (f), for the individual's breach
of the contract; and
``(4) such other statements as the Secretary deems
appropriate of the rights and liabilities of the Secretary and
of the individual, not inconsistent with the provisions of this
section.
``(e) Student Loan Repayment.--
``(1) Amount.--The amount of an annual student loan
repayment under this section on behalf of an individual shall
be determined by the Secretary, and shall take into
consideration the need to pay a sufficient amount to enable
recruiting of health care providers into the loan repayment
program under this section.
``(2) Payments directly to loan provider.--The Secretary
may contract with an individual's loan provider, for the
payment to the loan provider, on behalf of the individual, of
the amounts of a student loan repayment described in paragraph
(1).
``(f) Breach of Contract.--If an individual breaches a written
contract under this section by failing to begin such individual's
service obligation, or to complete such service obligation, the United
States shall be entitled to recover from the individual an amount that
is equal to the sum of--
``(1) the total amount which has been paid to the
individual, or on behalf of the individual, under the contract;
and
``(2) any amount of interest, as determined by the
Secretary.
``(g) Definitions.--In this section:
``(1) The term `frontline care scarcity area' means an
area, population group, or facility that--
``(A) is designated as a health professional
shortage area under section 332; or
``(B) is designated by the State in which the area
is located as having a shortage of frontline care
services.
``(2) The term `frontline care services' means health care
services--
``(A) in the field of general surgery, optometry,
ophthalmology, chiropractic, physical therapy,
audiology, speech language pathology, pharmacies,
public health, podiatric medicine, dietetics,
occupational therapy, general pediatrics, respiratory
therapy, medical technology, otolaryngology, or
radiologic technology; and
``(B) provided by a general surgeon, optometrist,
ophthalmologist, chiropractor, physical therapist,
audiologist, speech language pathologist, pharmacist,
public health professional, podiatric physician,
registered dietician, occupational therapist,
pediatrician, respiratory therapist, medical
technologist, otolaryngologist, or radiologic
technologist who has completed an appropriate course of
study or program, offered by an accredited institution
of higher education in the United States.
``(h) Authorized of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated the
following:
``(1) For fiscal year 2010, $78,000,000.
``(2) For fiscal year 2011, $93,000,000.
``(3) For fiscal year 2012, $108,000,000.
``(4) For fiscal year 2013, $123,000,000.
``(5) For fiscal year 2014, $138,000,000.
``(6) For fiscal year 2015, $153,000,000.
``(7) For fiscal year 2016, and each subsequent fiscal
year, the amount appropriated for the preceding fiscal year
adjusted by one plus the average percentage increase in the
costs of health professions education during the prior fiscal
year.
``(i) Implementation.--The Secretary shall begin implementation of
the loan repayment program under this section within 180 days of the
date of the enactment of this section.''. | Access to Frontline Health Care Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish and carry out a Frontline Providers Loan Repayment Program to allow repayment of the student loans of individuals who agree to serve as a health care professionals for two years in a frontline care scarcity area. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish a Frontline Providers Loan Repayment Program."} | 1,586 | 81 | 0.60546 | 1.458711 | 0.717227 | 2.969697 | 22.606061 | 0.848485 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Gains and Estate Tax Relief
Act of 2007''.
SEC. 2. INDIVIDUAL INCOME TAX RATES FOR CAPITAL GAINS MADE PERMANENT.
Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of
2003 is amended by striking ``this title'' and inserting ``section
302''.
SEC. 3. REFORM AND EXTENSION OF ESTATE TAX AFTER 2009.
(a) Restoration of Unified Credit Against Gift Tax.--Paragraph (1)
of section 2505(a) of the Internal Revenue Code of 1986 (relating to
general rule for unified credit against gift tax), after the
application of subsection (g), is amended by striking ``(determined as
if the applicable exclusion amount were $1,000,000)''.
(b) Exclusion Equivalent of Unified Credit Increased to
$5,000,000.--Subsection (c) of section 2010 of such Code (relating to
unified credit against estate tax) is amended to read as follows:
``(c) Applicable Credit Amount.--
``(1) In general.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax
which would be determined under the rate schedule set forth in
section 2001(c) if the amount with respect to which such
tentative tax is to be computed were the applicable exclusion
amount.
``(2) Applicable exclusion amount.--
``(A) In general.--For purposes of this subsection,
the applicable exclusion amount is as follows:
``(i) For calendar year 2010, $3,750,000.
``(ii) For calendar year 2011, $4,000,000.
``(iii) For calendar year 2012, $4,250,000.
``(iv) For calendar year 2013, $4,500,000.
``(v) For calendar year 2014, $4,750,000.
``(vi) For calendar year 2015 and
thereafter, $5,000,000.
``(B) Inflation adjustment.--In the case of any
decedent dying in a calendar year after 2015, the
$5,000,000 amount in subparagraph (A)(vi) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for such
calendar year by substituting `calendar year
2014' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding
sentence is not a multiple of $50,000, such
amount shall be rounded to the nearest multiple
of $50,000.''.
(c) Rate Schedule.--
(1) In general.--Subsection (c) of section 2001 of such
Code (relating to rate schedule) is amended to read as follows:
``(c) Rate Schedule.--
``(1) In general.--The tentative tax is equal to the sum
of--
``(A) the product of the rate specified in section
1(h)(1)(C) in effect on the date of the decedent's
death multiplied by so much of the sum described in
subsection (b)(1) as does not exceed $25,000,000, and
``(B) twice the rate specified in section
1(h)(1)(C) in effect on the date of the decedent's
death of so much of the sum described in subsection
(b)(1) as exceeds $25,000,000.
``(2) Inflation adjustment.--In the case of any decedent
dying in a calendar year after 2015, each $25,000,000 amount in
subparagraphs (A) and (B) of paragraph (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 2014' for `calendar year
1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $50,000, such amount shall be
rounded to the nearest multiple of $50,000.''.
(2) Conforming amendment.--Section 2502(a) of such Code
(relating to computation of tax), after the application of
subsection (g), is amended by adding at the end the following
flush sentence:
``In computing the tentative tax under section 2001(c) for purposes of
this subsection, `the last day of the calendar year in which the gift
was made' shall be substituted for `the date of the decedent's death'
each place it appears in such section.''.
(d) Modifications of Estate and Gift Taxes To Reflect Differences
in Unified Credit Resulting From Different Tax Rates.--
(1) Estate tax.--
(A) In general.--Section 2001(b)(2) of such Code
(relating to computation of tax) is amended by striking
``if the provisions of subsection (c) (as in effect at
the decedent's death)'' and inserting ``if the
modifications described in subsection (g)''.
(B) Modifications.--Section 2001 of such Code is
amended by adding at the end the following new
subsection:
``(g) Modifications to Gift Tax Payable To Reflect Different Tax
Rates.--For purposes of applying subsection (b)(2) with respect to 1 or
more gifts, the rates of tax under subsection (c) in effect on the date
of the decedent's death shall, in lieu of the rates of tax in effect at
the time of such gifts, be used both to compute--
``(1) the tax imposed by chapter 12 with respect to such
gifts, and
``(2) the credit allowed against such tax under section
2505, including in computing--
``(A) the applicable credit amount under section
2505(a)(1), and
``(B) the sum of the amounts allowed as a credit
for all preceding periods under section 2505(a)(2).
For purposes of paragraph (2)(A), the applicable credit amount
for any calendar year before 1998 is the amount which would be
determined under section 2010(c) if the applicable exclusion
amount were the dollar amount under section 6018(a)(1) for such
year.''.
(2) Gift tax.--Section 2505(a) of such Code (relating to
unified credit against gift tax), after the application of
subsection (g), is amended by adding at the end the following
new flush sentence:
``For purposes of applying paragraph (2) for any calendar year, the
rate schedule under section 2001(c) used in computing the applicable
credit amount under paragraph (1) for such calendar year shall, in lieu
of the rates of tax in effect for preceding calendar periods, be used
in determining the amounts allowable as a credit under this section for
all preceding calendar periods.''.
(e) Repeal of Deduction for State Death Taxes.--
(1) In general.--Section 2058 of such Code (relating to
State death taxes) is amended by adding at the end the
following:
``(c) Termination.--This section shall not apply to the estates of
decedents dying after December 31, 2009.''.
(2) Conforming amendment.--Section 2106(a)(4) of such Code
is amended by adding at the end the following new sentence:
``This paragraph shall not apply to the estates of decedents
dying after December 31, 2009.''.
(f) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, generation-skipping transfers, and
gifts made, after December 31, 2009.
(g) Additional Modifications to Estate Tax.--
(1) In general.--The following provisions of the Economic
Growth and Tax Relief Reconciliation Act of 2001, and the
amendments made by such provisions, are hereby repealed:
(A) Subtitles A and E of title V.
(B) Subsection (d), and so much of subsection
(f)(3) as relates to subsection (d), of section 511.
(C) Paragraph (2) of subsection (b), and paragraph
(2) of subsection (e), of section 521.
The Internal Revenue Code of 1986 shall be applied as if such
provisions and amendments had never been enacted.
(2) Sunset not to apply.--Section 901 of the Economic
Growth and Tax Relief Reconciliation Act of 2001 shall not
apply to title V (other than subtitles F, G, and H thereof) of
such Act.
(3) Repeal of deadwood.--
(A) Sections 2011, 2057, and 2604 of the Internal
Revenue Code of 1986 are hereby repealed.
(B) The table of sections for part II of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2011.
(C) The table of sections for part IV of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2057.
(D) The table of sections for subchapter A of
chapter 13 of such Code is amended by striking the item
relating to section 2604.
SEC. 4. UNIFIED CREDIT INCREASED BY UNUSED UNIFIED CREDIT OF DECEASED
SPOUSE.
(a) In General.--Subsection (c) of section 2010 of the Internal
Revenue Code of 1986 (defining applicable credit amount), as amended by
section 3(b), is amended by striking paragraph (2) and inserting the
following new paragraphs:
``(2) Applicable exclusion amount.--For purposes of this
subsection, the applicable exclusion amount is the sum of--
``(A) the basic exclusion amount, and
``(B) in the case of a surviving spouse, the
aggregate deceased spousal unused exclusion amount.
``(3) Basic exclusion amount.--
``(A) In general.--For purposes of this subsection,
the basic exclusion amount is as follows:
``(i) For calendar year 2010, $3,750,000.
``(ii) For calendar year 2011, $4,000,000.
``(iii) For calendar year 2012, $4,250,000.
``(iv) For calendar year 2013, $4,500,000.
``(v) For calendar year 2014, $4,750,000.
``(vi) For calendar year 2015 and
thereafter, $5,000,000.
``(B) Inflation adjustment.--In the case of any
decedent dying in a calendar year after 2015, the
$5,000,000 amount in subparagraph (A)(vi) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for such
calendar year by substituting `calendar year
2014' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding
sentence is not a multiple of $50,000, such
amount shall be rounded to the nearest multiple
of $50,000.
``(4) Aggregate deceased spousal unused exclusion amount.--
For purposes of this subsection, the term `aggregate deceased
spousal unused exclusion amount' means the lesser of--
``(A) the basic exclusion amount, or
``(B) the sum of the deceased spousal unused
exclusion amounts of the surviving spouse.
``(5) Deceased spousal unused exclusion amount.--For
purposes of this subsection, the term `deceased spousal unused
exclusion amount' means, with respect to the surviving spouse
of any deceased spouse dying after December 31, 2009, the
excess (if any) of--
``(A) the applicable exclusion amount of the
deceased spouse, over
``(B) the amount with respect to which the
tentative tax is determined under section 2001(b)(1) on
the estate of such deceased spouse.
``(6) Special rules.--
``(A) Election required.--A deceased spousal unused
exclusion amount may not be taken into account by a
surviving spouse under paragraph (5) unless the
executor of the estate of the deceased spouse files an
estate tax return on which such amount is computed and
makes an election on such return that such amount may
be so taken into account. Such election, once made,
shall be irrevocable. No election may be made under
this subparagraph if such return is filed after the
time prescribed by law (including extensions) for
filing such return.
``(B) Examination of prior returns after expiration
of period of limitations with respect to deceased
spousal unused exclusion amount.--Notwithstanding any
period of limitation in section 6501, after the time
has expired under section 6501 within which a tax may
be assessed under chapter 11 or 12 with respect to a
deceased spousal unused exclusion amount, the Secretary
may examine a return of the deceased spouse to make
determinations with respect to such amount for purposes
of carrying out this subsection.
``(7) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
this subsection.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 2505(a), as amended by section
3, is amended to read as follows:
``(1) the applicable credit amount under section 2010(c)
which would apply if the donor died as of the end of the
calendar year, reduced by''.
(2) Section 2631(c) is amended by striking ``the applicable
exclusion amount'' and inserting ``the basic exclusion
amount''.
(3) Section 6018(a)(1), after the application of section
101(g), is amended by striking ``applicable exclusion amount''
and inserting ``basic exclusion amount''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, generation-skipping transfers, and
gifts made, after December 31, 2009. | Capital Gains and Estate Tax Relief Act of 2007 - Makes permanent the reduction in capital gains tax rates (from 20 to 15%) enacted by the Jobs and Growth Tax Relief and Reconciliation Act of 2003.
Amends the Internal Revenue Code to: (1) restore the unified credit against gift tax liability; (2) provide for annual increases in the estate tax exclusion amount between 2010 and 2015 and establish a permanent exclusion amount of $5 million for 2015 and thereafter; (3) provide for an inflation adjustment to the estate tax exclusion amount after 2015; (4) reduce estate tax rate brackets; and (5) allow a surviving spouse to use the unused unified estate tax credit of a deceased spouse. | {"src": "billsum_train", "title": "To make permanent the individual income tax rates for capital gains, and for other purposes."} | 3,106 | 148 | 0.576367 | 1.457222 | 0.696784 | 2.151079 | 20.129496 | 0.841727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Savings Accounts Act of
2013''.
SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO DISASTER SAVINGS ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. DISASTER SAVINGS ACCOUNTS.
``(a) Deduction Allowed.--In the case of an eligible individual,
there shall be allowed as a deduction for the taxable year an amount
equal to the aggregate amount paid during such taxable year by or on
behalf of such individual to a disaster savings account of such
individual.
``(b) Limitation.--
``(1) In general.--The amount allowed as a deduction under
subsection (a) to an individual for the taxable year shall not
exceed $5,000.
``(2) Partial year of eligibility.--In the case of an
individual who is an eligible individual for only a portion of
the taxable year, the limitation under paragraph (1) shall be
the same proportion of $5,000 as such portion bears to the
entire taxable year.
``(c) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual if such individual occupied
any residence in the United States at any time during the taxable year.
``(d) Disaster Savings Account.--For purposes of this section--
``(1) In general.--The term `disaster savings account'
means a trust created or organized in the United States as a
disaster savings account exclusively for the purpose of paying
the qualified disaster expenses of the account beneficiary, but
only if the written governing instrument creating the trust
meets the following requirements:
``(A) Except in the case of a rollover contribution
described in subsection (f)(5), no contribution will be
accepted--
``(i) unless it is in cash, or
``(ii) to the extent such contribution,
when added to previous contributions to the
trust for the calendar year, exceeds the dollar
limitation in effect under subsection (b).
``(B) The trustee is a bank (as defined in section
408(n)), an insurance company (as defined in section
816), or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts.
``(D) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(E) The interest of an individual in the balance
in his account is nonforfeitable.
``(2) Qualified disaster expenses.--The term `qualified
disaster expenses' means--
``(A) disaster mitigation expenses, and
``(B) disaster recovery expenses.
``(3) Disaster mitigation expenses.--The term `disaster
mitigation expenses' means expenses for any of the following
with respect to the residence referred to in subsection (c):
``(A) Safe rooms.
``(B) Opening protection, including impact and wind
resistant windows, exterior doors, and garage doors.
``(C) Reinforcement of roof-to-wall and floor-to-
wall connections for wind or seismic activity.
``(D) Roof covering for impact, fire, or high wind
resistance.
``(E) Cripple and shear walls to resist seismic
activity.
``(F) Flood resistant building materials.
``(G) Elevating structures and utilities above base
flood elevation.
``(H) Fire resistant exterior wall assemblies/
systems.
``(I) Lightning protection systems.
``(J) Whole home standby generators.
``(K) Any activity specified by the Secretary as
appropriate to mitigate the risks of future hazards
(including earthquake, flood, hail, hurricane,
lightning, power outage, tornado, and wildfire) and
other natural disasters.
``(4) Disaster recovery expenses.--The term `disaster
recovery expenses' means with respect to the residence referred
to in subsection (c) any expense incurred to replace or repair
disaster-related uninsured personal casualty personal losses
totaling $3,000 or greater.
``(5) Disaster-related uninsured personal casualty loss.--
The term `disaster-related uninsured personal casualty loss'
means a personal casualty loss (as defined in section
165(h)(4)(B), determined without regard to the second sentence
thereof) attributable to a State or federally declared disaster
for which a deduction is allowable under section 165 (without
regard to subsection (h)(1)).
``(6) Federally declared disaster.--The term `federally
declared disaster' has the meaning given such term by section
165(h)(3)(C).
``(7) Account beneficiary.--The term `account beneficiary'
means the individual on whose behalf the disaster savings
account was established.
``(e) Treatment of Account.--
``(1) In general.--A disaster savings account is exempt
from taxation under this subtitle unless such account has
ceased to be a disaster savings account. Notwithstanding the
preceding sentence, any such account is subject to the taxes
imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable, etc. organizations).
``(2) Account terminations.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to
disaster savings accounts, and any amount treated as
distributed under such rules shall be treated as not used to
pay disaster mitigation expenses.
``(f) Tax Treatment of Distributions.--
``(1) Amounts used for disaster mitigation expenses.--Any
amount paid or distributed out of a disaster savings account
which is used exclusively to pay qualified disaster expenses of
any account beneficiary shall not be includible in gross
income.
``(2) Inclusion of amounts not used for disaster mitigation
expenses.--Any amount paid or distributed out of a disaster
savings account which is not used exclusively to pay the
qualified disaster expenses of the account beneficiary shall be
included in the gross income of such beneficiary.
``(3) Excess contributions returned before due date of
return.--
``(A) In general.--If any excess contribution is
contributed for a taxable year to any disaster savings
account of an individual, paragraph (2) shall not apply
to distributions from the disaster savings accounts of
such individual (to the extent such distributions do
not exceed the aggregate excess contributions to all
such accounts of such individual for such year) if--
``(i) such distribution is received by the
individual on or before the last day prescribed
by law (including extensions of time) for
filing such individual's return for such
taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
Any net income described in clause (ii) shall be
included in the gross income of the individual for the
taxable year in which it is received.
``(B) Excess contribution.--For purposes of
subparagraph (A), the term `excess contribution' means
any contribution (other than a rollover contribution
described in paragraph (5)) which is not deductible
under this section.
``(4) Additional tax on distributions not used for disaster
mitigation expenses.--
``(A) In general.--The tax imposed by this chapter
on the account beneficiary for any taxable year in
which there is a payment or distribution from a
disaster savings account of such beneficiary which is
includible in gross income under paragraph (2) shall be
increased by 20 percent of the amount which is so
includible.
``(B) Exception for disability or death.--
Subparagraph (A) shall not apply if the payment or
distribution is made after the account beneficiary
becomes disabled within the meaning of section 72(m)(7)
or dies.
``(5) Rollover contribution.--An amount is described in
this paragraph as a rollover contribution if it meets the
requirements of subparagraphs (A) and (B).
``(A) In general.--Paragraph (2) shall not apply to
any amount paid or distributed from a disaster savings
account to the account beneficiary to the extent the
amount received is paid into a disaster savings account
for the benefit of such beneficiary not later than the
60th day after the day on which the beneficiary
receives the payment or distribution.
``(B) Limitation.--This paragraph shall not apply
to any amount described in subparagraph (A) received by
an individual from a disaster savings account if, at
any time during the 1-year period ending on the day of
such receipt, such individual received any other amount
described in subparagraph (A) from a disaster savings
account which was not includible in the individual's
gross income because of the application of this
paragraph.
``(g) Cost-of-Living Adjustment.--
``(1) In general.--The $5,000 amount in subsection (b)
shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
such taxable year begins determined by substituting
`calendar year 2012' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any increase under paragraph (1) is not
a multiple of $50, such increase shall be rounded to the
nearest multiple of $50.
``(h) Special Rules.--
``(1) Denial of deduction to dependents.--No deduction
shall be allowed under this section to 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 such individual's taxable year begins.
``(2) Taxable year must be full taxable year.--Except in
the case of a taxable year closed by reason of the death of the
taxpayer, no deduction shall be allowed under this section in
the case of a taxable year covering a period of less than 12
months.
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 219(d)(2) (relating to no deduction
for rollovers).
``(B) Section 219(f)(3) (relating to time when
contributions deemed made).
``(C) Section 219(f)(5) (relating to employer
payments).
``(D) Section 408(g) (relating to community
property laws).
``(E) Section 408(h) (relating to custodial
accounts).
``(F) Section 224(f)(7) (relating to transfer of
account incident to divorce).
``(G) Section 224(f)(8) (relating to treatment
after death of account beneficiary).
``(4) Coordination with casualty loss deduction.--No
deduction shall be allowed under section 165 for a loss for
which a disaster recovery expense payment is made from a
disaster savings account.
``(i) Reports.--The Secretary may require the trustee of a disaster
savings account to make such reports regarding such account to the
Secretary and to the account beneficiary with respect to contributions,
distributions, the return of excess contributions, and such other
matters as the Secretary determines appropriate.''.
(b) Deduction Allowed Whether or Not Individual Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (21) the following new paragraph:
``(22) Disaster savings accounts.--The deduction allowed by
section 224.''.
(c) Tax on Excess Contributions.--Section 4973 of such Code
(relating to tax on excess contributions to certain tax-favored
accounts and annuities) is amended--
(1) by striking ``or'' at the end of subsection (a)(4), by
inserting ``or'' at the end of subsection (a)(5), and by
inserting after subsection (a)(5) the following new paragraph:
``(6) a disaster savings account (within the meaning of
section 224(d)),'', and
(2) by adding at the end the following new subsection:
``(h) Excess Contributions to Disaster Savings Accounts.--For
purposes of this section, in the case of disaster savings accounts
(within the meaning of section 224(d)), the term `excess contributions'
means the sum of--
``(1) the aggregate amount contributed for the taxable year
to the accounts (other than a rollover contribution described
in section 224(f)(5)) which is not allowable as a deduction
under section 224 for such year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts which
were included in gross income under section 224(f)(2),
and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
deduction under section 224(b) for the taxable
year, over
``(ii) the amount contributed to the
accounts for the taxable year.
For purposes of this subsection, any contribution which
is distributed out of the disaster savings account in a
distribution to which section 224(f)(3) applies shall
be treated as an amount not contributed.''.
(d) Failure To Provide Reports on Disaster Savings Accounts.--
Paragraph (2) of section 6693(a) of such Code (relating to reports) is
amended by redesignating subparagraphs (D) and (E) as subparagraphs (E)
and (F), respectively, and by inserting after subparagraph (C) the
following new subparagraph:
``(D) section 224(i) (relating to disaster savings
accounts),''.
(e) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following:
``Sec. 224. Disaster savings accounts.
``Sec. 225. Cross reference.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Disaster Savings Accounts Act of 2013 - Amends the Internal Revenue Code to: (1) establish tax-exempt disaster savings accounts to pay the expenses of homeowners for disaster mitigation and recovery expenses, (2) allow a deduction from gross income (above-the-line deduction) up to $5,000 (adjusted annually for inflation) in a taxable year for cash contributions to such accounts, (3) exclude from gross income distributions from such accounts to pay disaster mitigation and recovery expenses; and (4) set forth tax rules and penalties for excess contributions to disaster savings accounts and for failure to file required reports on such accounts. | {"src": "billsum_train", "title": "Disaster Savings Accounts Act of 2013"} | 3,282 | 142 | 0.548726 | 1.396 | 0.649474 | 2.008333 | 24.941667 | 0.858333 |
SECTION 1. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.
(a) Findings.--Congress finds the following:
(1) While significant progress has occurred due to the
enactment of a disadvantaged business enterprise program for
highways and mass transit, including commuter rail passenger
transportation, discrimination and related barriers continue to
pose significant obstacles for minority-owned and women-owned
businesses seeking to do business in federally assisted surface
transportation-related markets, including intercity rail
passenger transportation markets. This continuing
discrimination warrants the establishment of the disadvantaged
business enterprise program under this section.
(2) Discrimination poses serious barriers to the full and
fair participation of minority and women business owners,
including African-Americans, Hispanic-Americans, Asian-
Americans, and Native Americans in federally assisted surface
transportation-related projects and contracts, including
intercity rail passenger transportation projects and contracts.
(3) Discrimination impacts minority and women business
owners in every geographic region of the United States and
throughout all of the surface transportation-related
industries, including intercity rail passenger transportation
industries.
(4) Congress has reviewed evidence of discrimination
against minority and women business owners throughout the
transportation sector, including--
(A) statistical analyses demonstrating significant
disparities in the utilization of minority-owned and
women-owned businesses in federally and locally funded
transportation contracting;
(B) statistical analyses of private sector
disparities in business success by minority-owned and
women-owned businesses in transportation industries;
(C) research compiling anecdotal reports of
discrimination against individual minority and women
business owners;
(D) individual reports of discrimination against
minority and women business owners and the
organizations and individuals who represent minority
and women business owners;
(E) analyses demonstrating significant reductions
in the participation of minority and women businesses
in jurisdictions that have reduced or eliminated their
minority-owned and women-owned business programs;
(F) statistical analyses showing significant
disparities in the credit available to minority-owned
and women-owned businesses;
(G) research and statistical analyses demonstrating
how discrimination negatively impacts firm formation,
growth, and success;
(H) experience of State departments of
transportation and localities demonstrating that race-
neutral and gender-neutral efforts alone are
insufficient to remedy discrimination; and
(I) other qualitative and quantitative evidence of
discrimination against minority-owned and women-owned
businesses in the transportation sector.
(5) Congress has received and reviewed compelling evidence
of discrimination from many different sources, including
congressional hearings and roundtables, studies, scientific
reports, reports issued by public and private agencies, news
stories, reports of discrimination by organizations and
individuals, and discrimination lawsuits.
(6) All of this evidence applies not only to highway and
mass transportation programs, but also to rail programs,
providing a compelling need for the establishment of the
disadvantaged business enterprise program under this section to
address race and gender discrimination in intercity rail
passenger transportation.
(b) Program.--There is established a disadvantaged business
enterprise program for the Federal Railroad Administration to ensure
that disadvantaged business enterprises have a full and fair
opportunity to compete in covered rail projects and to ensure that the
Federal Government does not subsidize discrimination in covered rail
projects.
(c) Amounts for Disadvantaged Business Enterprises.--Except to the
extent that the Secretary of Transportation determines otherwise, not
less than 10 percent of the amounts made available through a grant,
contract, loan, or other financing instrument for any covered rail
project shall be expended through disadvantaged business enterprises.
(d) Annual Listing of Disadvantaged Business Enterprises.--The
unified certification program established under subsection (e) shall
annually survey and compile a list of disadvantaged business
enterprises and their location, and shall include an indication of the
percentage of such enterprises which are controlled by women, by
socially and economically disadvantaged individuals (other than women),
and by individuals who are women and are otherwise socially and
economically disadvantaged individuals.
(e) Uniform Certification.--For purposes of carrying out this
section, the Secretary of Transportation shall establish minimum
uniform criteria to use in certifying whether a concern qualifies as a
small business concern. The minimum uniform criteria shall include on-
site visits, personal interviews with personnel, issuance or inspection
of licenses, analyses of stock ownership, listing of equipment,
analyses of bonding capacity, listing of work completed, examination of
the resume of principal owners, analyses of financial capacity, and
analyses of the type of work preferred. Federal Railroad Administration
recipients of funds subject to this section must participate in unified
certification program approved by the Secretary.
(f) Reporting.--The Secretary of Transportation shall establish
minimum requirements for covered rail project Federal funding
recipients to report to the Secretary--
(1) information concerning minority-owned and women-owned
business awards, commitments, and achievements; and
(2) such other information as the Secretary determines to
be appropriate for the proper monitoring of the disadvantaged
business enterprise program under this section.
(g) Compliance With Court Orders.--Nothing in this section limits
the eligibility of an entity or person to receive funds if the entity
or person is prevented, in whole or in part, from complying with
subsection (c) because a Federal court issues a final order in which
the court finds that a requirement or the implementation of subsection
(c) is unconstitutional.
(h) Definitions.--In this section, the following definitions apply:
(1) Commuter rail passenger transportation and intercity
rail passenger transportation.--The terms ``commuter rail
passenger transportation'' and ``intercity rail passenger
transportation'' have the meaning given those terms in section
24102 of title 49, United States Code.
(2) Covered rail project.--The term ``covered rail
project'' means any railroad project that is carried out or is
planned to be carried out with the use of Federal funds
administered by the Federal Railroad Administration through a
grant, contract, loan, or other financing instrument.
(3) Disadvantaged business enterprise.--The term
``disadvantaged business enterprise'' means a small business
concern owned by socially and economically disadvantaged
individuals.
(4) Small business concern.--The term ``small business
concern'' has the meaning given that term under section 3 of
the Small Business Act (15 U.S.C. 632), except that the term
shall not include any concern or group of concerns controlled
by the same socially and economically disadvantaged individual
or individuals that have average annual gross receipts over the
preceding 3 fiscal years in excess of $22,410,000, as adjusted
annually by the Secretary of Transportation for inflation.
(5) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning given that term under section
8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations issued pursuant to that Act, except
that women shall be presumed to be socially and economically
disadvantaged individuals for purposes of this section. | Establishes for the Federal Railroad Administration a program for disadvantaged business enterprises, that is, small business concerns owned or controlled by socially and economically disadvantaged individuals (including women). Requires that at least 10% of federal funds for covered rail projects be expended on disadvantaged business enterprises. Directs the Secretary of Transportation (DOT) to establish: (1) a unified certification program that lists disadvantaged business enterprises; (2) minimum uniform criteria for certifying small business concerns; and (3) minimum requirements for covered rail project federal funding recipients to report to the Secretary information on minority-owned and women-owned business awards, commitments, and achievements. | {"src": "billsum_train", "title": "To ensure that minority-owned and women-owned businesses have a full and fair opportunity to compete in covered rail projects and contracts, and that the Federal Government does not subsidize discrimination in covered rail projects."} | 1,489 | 135 | 0.577333 | 1.585878 | 0.620741 | 3.387097 | 11.354839 | 0.919355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eric and Brian Simon Act of 2003''.
SEC. 2. GRATUITY FOR VETERANS AND DEPENDENTS WHO CONTRACT HIV OR AIDS
FROM BLOOD TRANSFUSIONS RELATING TO SERVICE-CONNECTED
DISABILITIES.
(a) In General.--Subchapter IV of chapter 11 of title 38, United
States Code, is amended by inserting after section 1137 the following
new section:
``Sec. 1138. Gratuity for veterans and dependents who contract HIV or
AIDS from blood transfusions relating to service-
connected disabilities
``(a) In General.--Except as provided in subsection (c), the
Secretary shall pay a gratuity in the amount of $100,000 to each
individual described in subsection (b) who has an HIV infection or is
diagnosed with AIDS.
``(b) Eligible Individuals.--An individual described in this
subsection is any individual as follows:
``(1) A veteran who--
``(A) was treated with HIV contaminated blood
transfusion, HIV contaminated blood components, HIV
contaminated human tissue, or HIV contaminated organs
(other than Anti-hemophiliac Factor) as a result of a
service-connected disability; and
``(B) can assert through medical evidence
acceptable to the Secretary reasonable certainty of
transmission of HIV as a result of such treatment.
``(2) A lawful spouse, or former lawful spouse, of a
veteran described in paragraph (1) after the time of treatment
of such veteran as described in that paragraph who can assert
through medical evidence acceptable to the Secretary reasonable
certainty of transmission of HIV from such veteran.
``(3) Each natural child of a veteran described in
paragraph (1) conceived after the time of treatment of such
veteran as described in that paragraph who can assert through
medical evidence acceptable to the Secretary reasonable
certainty of perinatal transmission of HIV from such veteran.
``(c) Exception.--An individual described in subsection (b) is not
entitled to the payment of a gratuity under subsection (a) if the
individual has received a payment under section 102 of the Ricky Ray
Hemophilia Relief Fund Act of 1998 (42 U.S.C. 300c-22 note) with
respect to an HIV or AIDS infection.
``(d) Acceptable Medical Evidence.--(1) Except as provided in
paragraph (2), medical evidence acceptable to the Secretary under
subsection (b) shall include the following, as applicable:
``(A) Evidence of infection with HIV or AIDS.
``(B) In the case of a veteran described in subsection
(b)(1), evidence of the treatment described in subsection
(b)(1).
``(C) Evidence indicating no prior infection with HIV or
AIDS before the treatment described in subsection (b)(1) that
provided the source of infection with HIV or AIDS.
``(D) Evidence indicating that infection with HIV or AIDS
occurred after the date of the treatment described in
subsection (b)(1) that provided the source of infection with
HIV or AIDS.
``(E) In the case of an individual described in paragraph
(2) or (3) of subsection (b), evidence of transmission of HIV
from a veteran described in paragraph (1) of that subsection.
``(F) Such other evidence as the Secretary may require.
``(2) The Secretary may waive an applicable requirement for any
evidence specified in paragraph (1) if the Secretary determines that
such evidence was destroyed or is otherwise unavailable as a result of
circumstances beyond the control of the individual concerned.
``(e) Payment for Deceased Individuals.--(1) If an individual
entitled to a gratuity under this section is deceased at the time of
payment, payment shall be made as follows:
``(A) In the case of an individual who is survived by a
spouse living at the time of payment, to the surviving spouse.
``(B) In the case of an individual whose surviving spouse
is not living at the time of payment, to the children of the
individual living at the time of payment in equal shares.
``(C) In the case of an individual not described by
paragraph (1) or (2), to the parents of the individual living
at the time of payment in equal shares.
``(2) An individual described in paragraph (2) or (3) of subsection
(b) who is entitled to a gratuity under subsection (a) is also entitled
to payment under paragraph (1) with respect to a deceased individual.
``(3) In this subsection:
``(A) The term `spouse', with respect to an individual
described in paragraph (1), means the individual who was
lawfully married to such individual at the time of death.
``(B) The term `child' includes a recognized natural child,
a stepchild who lived with such individual in a parent-child
relationship, and an adopted child.
``(C) The term `parent' includes fathers and mothers
through adoption.
``(f) Application.--(1) A person seeking payment of a gratuity
under subsection (a) shall submit to the Secretary an application
therefor in such form and containing such information as the Secretary
shall require.
``(2) If an individual described in subsection (b) dies before
submitting an application for a gratuity under subsection (a), an
individual who would be entitled to payment under subsection (e) with
respect to such deceased individual may submit an application for the
gratuity under paragraph (1).
``(g) Treatment of Gratuity for Insurance Purposes.--(1) A payment
under this section shall not be considered as any form of compensation
or reimbursement for a loss for purposes of imposing liability on the
individual receiving the payment, or on the basis of such receipt, to
repay any insurance carrier for insurance payments or to repay any
person on account of worker's compensation payments.
``(2) A payment under this section shall not affect any claim
against an insurance carrier with respect to insurance or against any
person with respect to worker's compensation.
``(h) Definitions.--In this section:
``(1) The term `AIDS' means acquired immune deficiency
syndrome.
``(2) The term `HIV' means human immunodeficiency virus.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of that title is amended by inserting after the item
relating to section 1137 the following new item:
``1138. Gratuity for veterans and dependents who contract HIV or AIDS
from blood transfusions relating to
service-connected disabilities.''. | Eric and Brian Simon Act of 2003 - Directs the Secretary of Veterans Affairs to pay a gratuity of $100,000 to: (1) each veteran who was treated with HIV-contaminated blood, blood components, human tissue, or organs as a result of a service-connected disability and can assert through acceptable medical evidence reasonable certainty of transmission of HIV as a result of such treatment; and (2) the current or former spouse and each natural child of such a veteran who can assert the transmission of HIV from such veteran. Provides for such payments in the case of deceased individuals.
States that such payments shall not be considered payments for purposes of medical insurance or workers' compensation. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to provide a gratuity to veterans, their spouses, and children who contract HIV or AIDS as a result of a blood transfusion relating to a service-connected disability, and for other purposes."} | 1,437 | 138 | 0.6412 | 2.179803 | 0.677359 | 3.421053 | 10.413534 | 0.954887 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible COBRA, Unemployment, and
Poverty Extension Act''.
SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS.
(a) In General.--(1) Section 4007 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended--
(A) by striking ``June 2, 2010'' each place it appears and
inserting ``September 30, 2010'';
(B) in the heading for subsection (b)(2), by striking
``june 2, 2010'' and inserting ``september 30, 2010''; and
(C) in subsection (b)(3), by striking ``November 6, 2010''
and inserting ``March 1, 2011''.
(2) Section 2005 of the Assistance for Unemployed Workers and
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C.
3304 note; 123 Stat. 444), is amended--
(A) by striking ``June 2, 2010'' each place it appears and
inserting ``September 30, 2010''; and
(B) in subsection (c), by striking ``November 6, 2010'' and
inserting ``March 1, 2011''.
(3) Section 5 of the Unemployment Compensation Extension Act of
2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking
``November 6, 2010'' and inserting ``March 1, 2011''.
(b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
and
(2) by inserting after subparagraph (E) the following:
``(F) the amendments made by section 2(a)(1) of the
Responsible COBRA, Unemployment, and Poverty Extension
Act; and''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Continuing Extension Act
of 2010 (Public Law 111-157).
SEC. 3. EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA
BENEFITS.
(a) Extension of Eligibility Period.--Subsection (a)(3)(A) of
section 3001 of division B of the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5), as amended by section 3(a) of the
Temporary Extension Act of 2010 (Public Law 111-144) and section 3(a)
of the Continuing Extension Act of 2010 (Public Law 111-157), is
amended by striking ``May 31, 2010'' and inserting ``September 30,
2010''.
(b) Rules Relating to 2010 Extension.--Subsection (a) of section
3001 of division B of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5), as amended by section 3(b) of the Continuing
Extension Act of 2010 (Public Law 111-157), is amended by adding at the
end the following:
``(19) Additional rules related to 2010 extension.--In the
case of an individual who, with regard to coverage described in
paragraph (10)(B), experiences a qualifying event related to a
termination of employment on or after June 1, 2010, and prior
to the date of the enactment of this paragraph, rules similar
to those in paragraphs (4)(A) and (7)(C) shall apply with
respect to all continuation coverage, including State
continuation coverage programs.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of section 3001 of division B
of the American Recovery and Reinvestment Act of 2009.
SEC. 4. EXTENSION OF USE OF 2009 POVERTY GUIDELINES.
Section 1012 of the Department of Defense Appropriations Act, 2010
(Public Law 111-118), as amended by section 6 of the Continuing
Extension Act of 2010 (Public Law 111-157), is amended by striking
``May 31, 2010'' and inserting ``September 30, 2010''.
SEC. 5. USE OF STIMULUS FUNDS TO OFFSET SPENDING.
The unobligated balance of each amount appropriated or made
available under the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) (other than under title X of division A of such Act)
is rescinded pro rata such that the aggregate amount of such
rescissions equals $27,000,000,000 in order to offset the net increase
in spending resulting from the provisions of, and amendments made by,
sections 2 through 4. The Director of the Office of Management and
Budget shall report to each congressional committee the amounts so
rescinded within the jurisdiction of such committee.
SEC. 6. DETERMINATION OF BUDGETARY EFFECTS.
(a) In General.--The budgetary effects of this Act, for the purpose
of complying with the Statutory Pay-As-You-Go Act of 2010, shall be
determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this Act, submitted for printing in
the Congressional Record by the Chairman of the House Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
(b) Emergency Designation for Congressional Enforcement.--In the
House of Representatives, this Act, with the exception of section 5, is
designated as an emergency for purposes of pay-as-you-go principles. In
the Senate, this Act is designated as an emergency requirement pursuant
to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
(c) Emergency Designation for Statutory Paygo.--This Act, with the
exception of section 5, is designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010
(Public Law 111-139; 2 U.S.C. 933(g)). | Responsible COBRA, Unemployment, and Poverty Extension Act - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through FY2010. Postpones the termination of the program until March 1, 2011.
Amends the Assistance for Unemployed Workers and Struggling Families Act to extend through FY2010 requirements that federal payments to states cover 100% of EUC.
Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to extend through FY2010, premium assistance for COBRA benefits (health insurance continuation benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985).
Prescribes a special rule for an individual who experiences a qualifying event related to a termination of employment on or after June 1, 2010, and before the enactment of this Act. Applies to all COBRA continuation coverage, including state continuation coverage programs, with respect to such individual rules similar to those in the ARRA: (1) extending the election period for, and the effect on, COBRA continuation coverage; and (2) requiring a notice of such action by the administrator of a group health plan.
Amends the Department of Defense Appropriations Act, 2010 to extend the use of 2009 poverty guidelines through FY2010. Prohibits the Secretary of Health and Human Services (HHS) from publishing updated poverty guidelines for 2010 until after such date.
Rescinds pro rata the unobligated balance of each amount appropriated or made available under ARRA (except under title X: Military Construction and Veterans Affairs of division A), so that the aggregate amount of such rescissions equals $27 billion to offset the net increase in spending resulting from this Act. | {"src": "billsum_train", "title": "To provide a temporary extension of unemployment insurance, and for other purposes."} | 1,420 | 398 | 0.521599 | 1.621806 | 0.728852 | 2.909639 | 3.650602 | 0.783133 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Access to Infertility Treatment
and Hope Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) infertility affects 6,100,000 men and women;
(2) infertility is a disease which affects men and women
with equal frequency;
(3) approximately 1 in 10 couples cannot conceive without
medical assistance;
(4) recent medical breakthroughs make infertility a
treatable disease; and
(5) only 25 percent of all health plan sponsors provide
coverage for infertility services.
SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
seq.) is amended by adding at the end the following:
``SEC. 714. REQUIRED COVERAGE FOR INFERTILITY BENEFITS.
``(a) In General.--A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, shall ensure that coverage is provided for infertility
benefits.
``(b) Infertility Benefits.--In subsection (a), the term
`infertility benefits' at a minimum includes--
``(1) diagnostic testing and treatment of infertility;
``(2) drug therapy, artificial insemination, and low tubal
ovum transfers;
``(3) in vitro fertilization, intra-cytoplasmic sperm
injection, gamete donation, embryo donation, assisted hatching,
embryo transfer, gamete intra-fallopian tube transfer, zygote
intra-fallopian tube transfer; and
``(4) any other medically indicated nonexperimental
services or procedures that are used to treat infertility or
induce pregnancy.
``(c) In Vitro Fertilization.--
``(1) Limitation.--
``(A) In general.--Subject to subparagraph (B),
coverage of procedures under subsection (b)(3) may be
limited to 4 completed embryo transfers.
``(B) Additional transfers.--If a live birth
follows a completed embryo transfer under a procedure
described in subparagraph (A), not less than 2
additional completed embryo transfers shall be
provided.
``(2) Requirement.--Coverage of procedures under subsection
(b)(3) shall be provided if--
``(A) the individual has been unable to attain or
sustain a successful pregnancy through reasonable, less
costly medically appropriate covered infertility
treatments; and
``(B) the procedures are performed at medical
facilities that conform with the minimal guidelines and
standards for assisted reproductive technology of the
American College of Obstetric and Gynecology or the
American Society for Reproductive Medicine.
``(d) Prohibitions.--A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan because of the individual's or enrollee's use or
potential use of items or services that are covered in
accordance with the requirements of this section;
``(2) provide monetary payments or rebates to a covered
individual to encourage such individual to accept less than the
minimum protections available under this section; or
``(3) provide incentives (monetary or otherwise) to a
health care professional to induce such professional to
withhold from a covered individual services described in
subsection (a).
``(e) Rules of Construction.--
``(1) In general.--Nothing in this section shall be
construed--
``(A) as preventing a group health plan and a
health insurance issuer providing health insurance
coverage in connection with a group health plan from
imposing deductibles, coinsurance, or other cost-
sharing or limitations in relation to benefits for
services described in this section under the plan,
except that such a deductible, coinsurance, or other
cost-sharing or limitation for any such service may not
be greater than such a deductible, coinsurance, or
cost-sharing or limitation for any similar service
otherwise covered under the plan;
``(B) as requiring a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan to cover
experimental or investigational treatments of services
described in this section, except to the extent that
the plan or issuer provides coverage for other
experimental or investigational treatments or services.
``(2) Limitations.--As used in paragraph (1), the term
`limitation' includes restricting the type of health care
professionals that may provide such treatments or services.
``(f) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan,
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note)
is amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Required coverage for infertility benefits for federal
employees health benefits plans.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after January 1, 2002.
SEC. 4. PUBLIC HEALTH SERVICE ACT.
(a) In General.--Subpart 2 of part A of title XXVII of the Public
Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at
the end the following:
``SEC. 2707. REQUIRED COVERAGE FOR INFERTILITY BENEFITS.
``(a) In General.--A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, shall ensure that coverage is provided for infertility
benefits.
``(b) Infertility Benefits.--In subsection (a), the term
`infertility benefits' at a minimum includes--
``(1) diagnostic testing and treatment of infertility;
``(2) drug therapy, artificial insemination, and low tubal
ovum transfers;
``(3) in vitro fertilization, intra-cytoplasmic sperm
injection, gamete donation, embryo donation, assisted hatching,
embryo transfer, gamete intra-fallopian tube transfer, zygote
intra-fallopian tube transfer; and
``(4) any other medically indicated nonexperimental
services or procedures that are used to treat infertility or
induce pregnancy.
``(c) In Vitro Fertilization.--
``(1) Limitation.--
``(A) In general.--Subject to subparagraph (B),
coverage of procedures under subsection (b)(3) may be
limited to 4 completed embryo transfers.
``(B) Additional transfers.--If a live birth
follows a completed embryo transfer under a procedure
described in subparagraph (A), not less than 2
additional completed embryo transfers shall be
provided.
``(2) Requirement.--Coverage of procedures under subsection
(b)(3) shall be provided if--
``(A) the individual has been unable to attain or
sustain a successful pregnancy through reasonable, less
costly medically appropriate covered infertility
treatments; and
``(B) the procedures are performed at medical
facilities that conform with the minimal guidelines and
standards for assisted reproductive technology of the
American College of Obstetric and Gynecology or the
American Society for Reproductive Medicine.
``(d) Prohibitions.--A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan because of the individual's or enrollee's use or
potential use of items or services that are covered in
accordance with the requirements of this section;
``(2) provide monetary payments or rebates to a covered
individual to encourage such individual to accept less than the
minimum protections available under this section; or
``(3) provide incentives (monetary or otherwise) to a
health care professional to induce such professional to
withhold from a covered individual services described in
subsection (a).
``(e) Rules of Construction.--
``(1) In general.--Nothing in this section shall be
construed--
``(A) as preventing a group health plan and a
health insurance issuer providing health insurance
coverage in connection with a group health plan from
imposing deductibles, coinsurance, or other cost-
sharing or limitations in relation to benefits for
services described in this section under the plan,
except that such a deductible, coinsurance, or other
cost-sharing or limitation for any such service may not
be greater than such a deductible, coinsurance, or
cost-sharing or limitation for any similar service
otherwise covered under the plan;
``(B) as requiring a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan to cover
experimental or investigational treatments of services
described in this section, except to the extent that
the plan or issuer provides coverage for other
experimental or investigational treatments or services.
``(2) Limitations.--As used in paragraph (1), the term
`limitation' includes restricting the type of health care
professionals that may provide such treatments or services.
``(f) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan,
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(b) Individual Market.--Part B of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-41 et seq.) is amended--
(1) by redesignating the first subpart 3 (relating to other
requirements) as subpart 2; and
(2) by adding at the end of subpart 2 the following new
section:
``SEC. 2753. REQUIRED COVERAGE FOR INFERTILITY BENEFITS.
``The provisions of section 2707 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to health insurance coverage offered, sold, issued,
renewed, in effect, or operated on or after January 1, 2002.
SEC. 5. REQUIRED COVERAGE FOR INFERTILITY BENEFITS FOR FEDERAL
EMPLOYEES HEALTH BENEFITS PLANS.
(a) Types of Benefits.--Section 8904(a)(1) of title 5, United
States Code, is amended by adding at the end the following:
``(G) Infertility benefits.''.
(b) Health Benefits Plan Contract Requirement.--Section 8902 of
title 5, United States Code, is amended by adding at the end the
following:
``(p)(1) Each contract under this chapter shall include a provision
that ensures infertility benefits as provided under this subsection.
``(2) Infertility benefits under this subsection shall include--
``(A) diagnostic testing and treatment of infertility;
``(B) drug therapy, artificial insemination, and low tubal
ovum transfers;
``(C) in vitro fertilization, intra-cytoplasmic sperm
injection, gamete donation, embryo donation, assisted hatching,
embryo transfer, gamete intra-fallopian tube transfer, zygote
intra-fallopian tube transfer; and
``(D) any other medically indicated nonexperimental
services or procedures that are used to treat infertility or
induce pregnancy.
``(3)(A)(i) Subject to clause (ii), procedures under paragraph
(2)(C) shall be limited to 4 completed embryo transfers.
``(ii) If a live birth follows a completed embryo transfer, 2
additional completed embryo transfers shall be provided.
``(B) Procedures under paragraph (2)(C) shall be provided if--
``(i) the individual has been unable to attain or sustain a
successful pregnancy through reasonable, less costly medically
appropriate covered infertility treatments; and
``(ii) the procedures are performed at medical facilities
that conform with the minimal guidelines and standards for
assisted reproductive technology of the American College of
Obstetric and Gynecology or the American Society for
Reproductive Medicine.''.
(c) Effective Date.--The amendments made by this section shall
apply to contract years beginning on or after January 1, 2002. | Fair Access to Infertility Treatment and Hope Act of 2001 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act (PHSA)to require group health plans and health insurance issuers providing health insurance coverage in connection with such plans to ensure that coverage is provided for infertility benefits. Authorizes coverage of in vitro fertilization, intra-cytoplasmic sperm injection, gamete or embryo donation, assisted hatching, embryo transfer, and gamete or zygote intra-fallopian tube transfer to be limited to four completed embryo transfers. Permits the provision of at least two additional embryo transfers if a live birth follows a completed transfer under one of such procedures. Requires coverage of such procedures if: (1) an individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and (2) the procedures are performed at qualifying medical facilities.Prohibits group health plans and health insurance issuers from: (1) denying an individual eligibility or continuing eligibility to enroll or renew coverage because of the individual's or enrollee's use or potential use of items or services covered by this Act; (2) providing monetary payments or rebates to a covered individual to encourage the acceptance of less than minimum protections available under this Act; or (3) providing incentives to a health care professional to induce such professional to withhold infertility services from a covered individual.Amends the PHSA to apply infertility benefits provisions to health insurance coverage offered by an issuer in the individual market in the same manner as they are applied to coverage in the group market.Provides the infertility benefit coverage described by this Act for Federal employee health benefit plans. | {"src": "billsum_train", "title": "A bill to require health plans to include infertility benefits, and for other purposes."} | 3,081 | 385 | 0.641814 | 1.958225 | 0.808949 | 3.955414 | 8.512739 | 0.929936 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hispanic Cultural Center Act of
1997''.
SEC. 2. CONSTRUCTION OF A CENTER FOR PERFORMING ARTS.
(a) Findings.--Congress makes the following findings:
(1) The United States has an enriched legacy of Hispanic
influence in politics, government, economic development, and
cultural expression.
(2) The Hispanic culture in what is now the United States can
be traced to 1528 when a Spanish expedition from Cuba to Florida
was shipwrecked on the Texas coast.
(3) The Hispanic culture in New Mexico can be traced to 1539
when a Spanish Franciscan Friar, Marcos de Niza, and his guide,
Estevanico, traveled into present day New Mexico in search of the
fabled city of Cibola and made contact with the people of Zuni.
(4) The Hispanic influence in New Mexico is particularly
dominant and a part of daily living for all the citizens of New
Mexico, who are a diverse composite of racial, ethnic, and cultural
peoples. Don Juan de Onate and the first New Mexican families
established the first capital in the United States, San Juan de los
Caballeros, in July of 1598.
(5) Based on the 1990 census, there are approximately 650,000
Hispanics in New Mexico, the majority having roots reaching back
ten or more generations.
(6) There are an additional 200,000 Hispanics living outside of
New Mexico with roots in New Mexico.
(7) The New Mexico Hispanic Cultural Center is a living tribute
to the Hispanic experience and will provide all citizens of New
Mexico, the Southwestern United States, the entire United States,
and around the world, an opportunity to learn about, partake in,
and enjoy the unique Hispanic culture, and the New Mexico Hispanic
Cultural Center will assure that this 400-year old culture is
preserved.
(8) The New Mexico Hispanic Cultural Center will teach,
showcase, and share all facets of Hispanic culture, including
literature, performing arts, visual arts, culinary arts, and
language arts.
(9) The New Mexico Hispanic Cultural Center will promote a
better cross-cultural understanding of the Hispanic culture and the
contributions of individuals to the society in which we all live.
(10) In 1993, the legislature and Governor of New Mexico
created the Hispanic Cultural Division as a division within the
Office of Cultural Affairs. One of the principal responsibilities
of the Hispanic Cultural Division is to oversee the planning,
construction, and operation of the New Mexico Hispanic Cultural
Center.
(11) The mission of the New Mexico Hispanic Cultural Center is
to create a greater appreciation and understanding of Hispanic
culture.
(12) The New Mexico Hispanic Cultural Center will serve as a
local, regional, national, and international site for the study and
advancement of Hispanic culture, expressing both the rich history
and the forward-looking aspirations of Hispanics throughout the
world.
(13) The New Mexico Hispanic Cultural Center will be a Hispanic
arts and humanities showcase to display the works of national and
international artists, and to provide a venue for educators,
scholars, artists, children, elders, and the general public.
(14) The New Mexico Hispanic Cultural Center will provide a
venue for presenting the historic and contemporary representations
and achievements of the Hispanic culture.
(15) The New Mexico Hispanic Cultural Center will sponsor arts
and humanities programs, including programs related to visual arts
of all forms (including drama, dance, and traditional and
contemporary music), research, literary arts, genealogy, oral
history, publications, and special events such as, fiestas,
culinary arts demonstrations, film video productions, storytelling
presentations and education programs.
(16) Phase I of the New Mexico Hispanic Cultural Center complex
is scheduled to be completed by August of 1998 and is planned to
consist of an art gallery with exhibition space and a museum,
administrative offices, a restaurant, a ballroom, a gift shop, an
amphitheater, a research and literary arts center, and other
components.
(17) Phase II of the New Mexico Hispanic Cultural Center
complex is planned to include a performing arts center (containing
a 700-seat theater, a stage house, and a 300-seat film/video
theater), a 150-seat black box theater, an art studio building, a
culinary arts building, and a research and literary arts building.
(18) It is appropriate for the Federal Government to share in
the cost of constructing the New Mexico Hispanic Cultural Center
because Congress recognizes that the New Mexico Hispanic Cultural
Center has the potential to be a premier facility for performing
arts and a national repository for Hispanic arts and culture.
(b) Definitions.--In this section:
(1) Center.--The term ``Center'' means the Center for
Performing Arts, within the complex known as the New Mexico
Hispanic Cultural Center, which Center for the Performing Arts is a
central facility in Phase II of the New Mexico Hispanic Cultural
Center complex.
(2) Hispanic cultural division.--The term ``Hispanic Cultural
Division'' means the Hispanic Cultural Division of the Office of
Cultural Affairs of the State of New Mexico.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(c) Construction of Center.--The Secretary shall award a grant to
New Mexico to pay for the Federal share of the costs of the design,
construction, furnishing, and equipping of the Center for Performing
Arts that will be located at a site to be determined by the Hispanic
Cultural Division, within the complex known as the New Mexico Hispanic
Cultural Center.
(d) Grant Requirements.--
(1) In general.--In order to receive a grant awarded under
subsection (c), New Mexico, acting through the Director of the
Hispanic Cultural Division--
(A) shall submit to the Secretary, within 30 days of the
date of enactment of this section, a copy of the New Mexico
Hispanic Cultural Center Program document dated January 1996;
and
(B) shall exercise due diligence to expeditiously execute,
in a period not to exceed 90 days after the date of enactment
of this section, the memorandum of understanding under
paragraph (2) recognizing that time is of the essence for the
construction of the Center because 1998 marks the 400th
anniversary of the first permanent Spanish settlement in New
Mexico.
(2) Memorandum of understanding.--The memorandum of
understanding described in paragraph (1) shall provide--
(A) the date of completion of the construction of the
Center;
(B) that Antoine Predock, an internationally recognized
architect, shall be the supervising architect for the
construction of the Center or any other architect subsequently
named by the State;
(C) that the Director of the Hispanic Cultural Division
shall award the contract for architectural engineering and
design services in accordance with the New Mexico Procurement
Code; and
(D) that the contract for the construction of the Center--
(i) shall be awarded pursuant to a competitive bidding
process; and
(ii) shall be awarded not later than 3 months after the
solicitation for bids for the construction of the Center.
(3) Federal share.--The Federal share of the costs described in
subsection (c) shall be 50 percent.
(4) Non-federal share.--The non-Federal share of the costs
described in subsection (c) shall be in cash or in kind fairly
evaluated, including plant, equipment, or services. The non-Federal
share shall include any contribution received by New Mexico for the
design, construction, furnishing, or equipping of Phase I or Phase
II of the New Mexico Hispanic Cultural Center complex prior to the
date of enactment of this section. The non-Federal share of the
costs described in subsection (c) shall include the following:
(A) $16,410,000 that was appropriated by the New Mexico
legislature since January 1, 1993, for the planning, property
acquisition, design, construction, furnishing, and equipping of
the New Mexico Hispanic Cultural Center complex.
(B) $116,000 that was appropriated by the New Mexico
legislature for fiscal year 1995 for the startup and operating
expenses of the New Mexico Hispanic Cultural Center.
(C) $226,000 that was appropriated by the New Mexico
legislature for fiscal year 1996 for the startup and operating
expenses of the New Mexico Hispanic Cultural Center.
(D) $442,000 that was appropriated by the New Mexico
legislature for fiscal year 1997 for the startup and operating
expenses of the New Mexico Hispanic Cultural Center.
(E) $551,000 that was appropriated by the New Mexico
legislature for fiscal year 1998 for the startup and operating
expenses of the New Mexico Hispanic Cultural Center.
(F) A 10.9-acre lot with a historic 22,000 square foot
building donated by the Mayor and City Council of Albuquerque,
New Mexico, to New Mexico for the New Mexico Hispanic Cultural
Center.
(G) 12 acres of ``Bosque'' land adjacent to the New Mexico
Hispanic Cultural Center complex for use by the New Mexico
Hispanic Cultural Center.
(H) The $30,000 donation by the Sandia National
Laboratories and Lockheed Martin Corporation to support the New
Mexico Hispanic Cultural Center and the program activities of
the New Mexico Hispanic Cultural Center.
(e) Use of Funds for Design, Construction, Furnishing, and
Equipment.--The funds received under a grant awarded under subsection
(c) shall be used only for the design, construction, management,
inspection, furnishing, and equipment of the Center.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section a total of
$17,800,000 for fiscal year 1998 and succeeding fiscal years. Funds
appropriated pursuant to the authority of the preceding sentence shall
remain available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Hispanic Cultural Center Act of 1997 - Directs the Secretary of the Interior to award a grant to the State of New Mexico to pay for the Federal share (50 percent) of the costs of the design, construction, furnishing, and equipping of the Center for Performing Arts that will be located at a site to be determined by that State's Hispanic Cultural Division, within the complex known as the New Mexico Hispanic Cultural Center.
Requires the Director of such Division, as a condition of such grant, to submit certain documents to the Secretary and to execute a specified memorandum of understanding.
Authorizes appropriations. | {"src": "billsum_train", "title": "Hispanic Cultural Center Act of 1997"} | 2,206 | 142 | 0.466249 | 1.499339 | 0.445326 | 5.230769 | 17.367521 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Asset Forfeiture Reform Act''.
SEC. 2. CREATION OF GENERAL RULES RELATING TO CIVIL FORFEITURE
PROCEEDINGS.
Section 981 of title 18, United States Code, is amended--
(1) by inserting after subsection (i) the following:
``(j)(1)(A) In any nonjudicial civil forfeiture proceeding under a
civil forfeiture statute, with respect to which the agency conducting a
seizure of property must give written notice to interested parties,
such notice shall be given as soon as practicable and in no case more
than 60 days after the later of the date of the seizure or the date the
identity of the interested party is first known or discovered by the
agency, except that the court may extend the period for filing a notice
for good cause shown.
``(B) A person entitled to written notice in such proceeding to
whom written notice is not given may on motion void the forfeiture with
respect to that person's interest in the property, unless the agency
shows--
``(i) good cause for the failure to give notice to that
person; or
``(ii) that the person otherwise had actual notice of the
seizure.
``(C) If the government does not provide notice of a seizure of
property in accordance with subparagraph (A), it shall return the
property and may not take any further action to effect the forfeiture
of such property.
``(2)(A) Any person claiming such seized property may file a claim
with the appropriate official after the seizure.
``(B) A claim under subparagraph (A) may not be filed later than 30
days after--
``(i) the date of final publication of notice of seizure;
or
``(ii) in the case of a person entitled to written notice,
the date that notice is given.
``(C) The claim shall state the claimant's interest in the
property.
``(D) Not later than 90 days after a claim has been filed, the
Attorney General shall file a complaint for forfeiture in the
appropriate court or return the property, except that a court in the
district in which the complaint will be filed may extend the period for
filing a complaint for good cause shown or upon agreement of the
parties.
``(E) If the government does not file a complaint for forfeiture of
property in accordance with subparagraph (D), it shall return the
property and may not take any further action to effect the forfeiture
of such property.
``(3)(A) If the person filing a claim is financially unable to
obtain representation by counsel, the court may appoint counsel to
represent that person with respect to the claim.
``(B) In determining whether to appoint counsel to represent the
person filing the claim, the court shall take into account--
``(i) the nature and value of the property subject to
forfeiture, including the hardship to the claimant from the
loss of the property seized, compared to the expense of
appointing counsel;
``(ii) the claimant's standing to contest the forfeiture;
and
``(iii) whether the claim appears to be made in good faith
or to be frivolous.
``(C) The court shall set the compensation for that representation,
which shall--
``(i) be equivalent to that provided for court-appointed
representation under section 3006A of this title, and
``(ii) be paid from the Justice Assets Forfeiture Fund
established under section 524 of title 28, or in a case under
the jurisdiction of the Treasury Department, from the Customs
Forfeiture Fund established under section 613A of the Tariff
Act of 1930.
``(4) In all suits or actions (other than those arising under
section 592 of the Tariff Act of 1930) brought for the civil forfeiture
of any property, the burden of proof is on the United States Government
to establish, by clear and convincing evidence, that the property is
subject to forfeiture.
``(5)(A) An innocent owner's interest in property shall not be
forfeited under any civil forfeiture statute.
``(B) With respect to a property interest in existence at the time
the illegal conduct giving rise to forfeiture took place, the term
`innocent owner' means an owner who--
``(i) did not know of the conduct giving rise to
forfeiture; or
``(ii) upon learning of the conduct giving rise to the
forfeiture, did all that reasonably could be expected under the
circumstances to terminate such use of the property.
``(C) With respect to a property interest acquired after the
conduct giving rise to forfeiture has taken place, the term `innocent
owner' means a person who, at the time that person acquired the
interest in the property, did not know--
``(i)(I) of the conduct giving rise to the forfeiture; and
``(II) that the property was involved in, or the proceeds
of, that conduct; or
``(ii) that the Government was seeking forfeiture of that
property.
``(6) For the purposes of paragraph (5) of this subsection--
``(A) a person may show that such person did all that
reasonably can be expected, among other ways, by demonstrating
that such person, to the extent permitted by law--
``(i) gave timely notice to an appropriate law
enforcement agency of information that led the person
to know the conduct giving rise to a forfeiture would
occur or has occurred; and
``(ii) in a timely fashion revoked permission for
those engaging in such conduct to use the property or
took reasonable actions in consultation with a law
enforcement agency to discourage or prevent the illegal
use of the property; and
``(B) in order to do all that can reasonably be expected, a
person is not required to take steps that the person reasonably
believes would be likely to subject the person to physical
danger.
``(7) As used in this section, the term `civil forfeiture statute'
means any provision of Federal law providing for the forfeiture of
property other than as a sentence imposed upon conviction of a criminal
offense.
``(k)(1) A claimant under subsection (j) is entitled to immediate
release of seized property if--
``(A) the claimant has a possessory interest in the
property;
``(B) the continued possession by the United States
Government pending the final disposition of forfeiture
proceedings will cause substantial hardship to the claimant,
such as preventing the functioning of a business, preventing an
individual from working, or leaving an individual homeless; and
``(C) the claimant's likely hardship from the continued
possession by the United States Government of the seized
property outweighs the risk that the property will be
destroyed, damaged, lost, concealed, or transferred if it is
returned to the claimant during the pendency of the proceeding.
``(2) A claimant seeking release of property under this subsection
must request possession of the property from the appropriate official,
and the request must set forth the basis on which the requirements of
paragraph (1) are met.
``(3) If within 10 days after the date of the request the property
has not been released, the claimant may file a motion or complaint in
any district court that would have jurisdiction of forfeiture
proceedings relating to the property setting forth--
``(A) the basis on which the requirements of paragraph (1)
are met; and
``(B) the steps the claimant has taken to secure release of
the property from the appropriate official.
``(4) If a motion or complaint is filed under paragraph (3), the
district court shall order that the property be returned to the
claimant, pending completion of proceedings by the United States
Government to obtain forfeiture of the property, if the claimant shows
that the requirements of paragraph (1) have been met. The court may
place such conditions on release of the property as it finds are
appropriate to preserve the availability of the property or its
equivalent for forfeiture.
``(5) The district court shall render a decision on a motion or
complaint filed under paragraph (3) no later than 30 days after the
date of the filing, unless such 30-day limitation is extended by
consent of the parties or by the court for good cause shown.''; and
(2) by redesignating existing subsection (j) as subsection
(l).
SEC. 3. CONFORMING AMENDMENTS TO TITLE 28, TO RULES OF PROCEDURE, AND
TO THE CONTROLLED SUBSTANCES ACT.
(a) Use of Assets Forfeiture Fund for Attorney Fees.--Section
524(c) of title 28, United States Code, is amended--
(1) by striking out ``law enforcement purposes--'' in the
matter preceding subparagraph (A) in paragraph (1) and
inserting ``purposes--'';
(2) by redesignating the final 3 subparagraphs in paragraph
(1) as subparagraphs (J), (K), and (L), respectively;
(3) by inserting after subparagraph (G) of paragraph (1)
the following new subparagraph:
``(H) payment of court-awarded compensation for
representation of claimants pursuant to section 981 of title
18;
``(I) payment of compensation for damages to property under
section 5(b) of the Civil Asset Forfeiture Reform Act;''; and
(4) by striking out ``(H)'' in subparagraph (A) of
paragraph (9) and inserting ``(I)''.
(b) In Rem Proceedings.--Paragraph (6) of Rule C of the
Supplemental Rules for Certain Admiralty and Maritime Claims to the
Federal Rules of Civil Procedure (28 U.S.C. Appendix) is amended by
striking ``10 days'' and inserting ``30 days''.
(c) Controlled Substances Act.--Section 518 of the Controlled
Substances Act (21 U.S.C. 888) is repealed.
SEC. 4. CONFORMING AMENDMENTS TO REVENUE LAWS.
(a) In General.--Section 615 of the Tariff Act of 1930 (19 U.S.C.
1615) is amended to read as follows:
``SEC. 615. APPLICATION OF TITLE 18, UNITED STATES CODE TO FORFEITURE
PROCEEDINGS.
``Those portions of section 981 of title 18, United States Code,
that apply generally to civil forfeiture procedures apply also to any
civil forfeiture proceeding relating to the condemnation or forfeiture
of property for violation of the customs laws.''.
(b) Conforming Repeal.--Section 608 of the Tariff Act of 1930 (19
U.S.C. 1608) is repealed.
(c) Time for Filing Claims.--Section 609(a) of the Tariff Act of
1930 (19 U.S.C. 1609) is amended--
(1) by striking ``twenty'' and inserting ``30''; and
(2) by striking ``or bond''.
(d) Treasury Asset Forfeiture Fund.--Section 613A(a)(3) of the
Tariff Act of 1930 (19 U.S.C. 1613b(a)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) payment of court-awarded compensation for
representation of claimants pursuant to section 981 of title
18, United States Code.''.
(e) Forfeiture of Personal Property.--Section 7325 of the Internal
Revenue Code of 1986 is amended--
(1) in paragraph (2), by striking ``for 3 weeks'' through
``such notice'' and inserting ``in accordance with section
981(j)(1) of title 18, United States Code'';
(2) in paragraph (3), by amending the head to read ``Filing
of claim'' and by striking ``stating his interest in the
articles seized'' through ``description of the goods seized,''
and inserting ``stating such person's interest in the articles
seized. Such person shall transmit a duplicate list or
description of the goods seized''; and
(3) in paragraph (4), by amending the heading to read
``Sale'' and by striking ``and no bond is given within the time
above specified''.
SEC. 5. COMPENSATION FOR DAMAGE TO SEIZED PROPERTY.
(a) Tort Claims Act.--Section 2680(c) of title 28, United States
Code, is amended--
(1) by striking ``law-enforcement'' and inserting ``law
enforcement''; and
(2) by inserting before the period the following: ``,
except that the provisions of this chapter and section 1346(b)
of this title do apply to any claim based on the negligent
destruction, injury, or loss of goods, merchandise, or other
property, while in the possession of any officer of customs or
excise or any other law enforcement officer, if the property
was seized for the purpose of forfeiture but the interest of
the claimant is not forfeited''.
(b) Department of Justice.--
(1) In general.--With respect to a claim that cannot be
settled under chapter 171 of title 28, United States Code, the
Attorney General may settle, for not more than $50,000 in any
case, a claim for damage to, or loss of, privately owned
property caused by an investigative or law enforcement officer
(as defined in section 2680(h) of title 28, United States Code)
who is employed by the Department of Justice acting within the
scope of his or her employment.
(2) Limitations.--The Attorney General may not pay a claim
under paragraph (1) that--
(A) is presented to the Attorney General more than
1 year after it occurs; or
(B) is presented by an officer or employee of the
United States Government and arose within the scope of
employment.
SEC. 6. PREJUDGMENT AND POSTJUDGMENT INTEREST.
Section 2465 of title 28, United States Code, is amended--
(1) by inserting ``(a)'' before ``Upon''; and
(2) adding at the end the following:
``(b) Interest.--
``(1) Post-judgment.--Upon entry of judgment for the
claimant in any proceeding to condemn or forfeit property
seized or arrested under any Act of Congress, the United States
shall be liable for post-judgment interest as set forth in
section 1961 of this title.
``(2) Pre-judgment.--The United States shall not be liable
for prejudgment interest, except that in cases involving
currency, other negotiable instruments, or the proceeds of an
interlocutory sale, the United States shall disgorge to the
claimant any funds representing--
``(A) interest actually paid to the United States
from the date of seizure or arrest of the property that
resulted from the investment of the property in an
interest-bearing account or instrument; and
``(B) for any period during which no interest is
actually paid, an imputed amount of interest that such
currency, instruments, or proceeds would have earned at
the rate described in section 1961.
``(3) Limitation on other payments.--The United States
shall not be required to disgorge the value of any intangible
benefits nor make any other payments to the claimant not
specifically authorized by this subsection.''.
SEC. 7. APPLICABILITY.
(a) In General.--Unless otherwise specified in this Act, the
amendments made by this Act apply with respect to claims, suits, and
actions filed on or after the date of the enactment of this Act.
(b) Exceptions.--
(1) The standard for the required burden of proof set forth
in section 981 of title 18, United States Code, as amended by
section 2, shall apply in cases pending on the date of the
enactment of this Act.
(2) The amendment made by section 6 shall apply to any
judgment entered after the date of enactment of this Act. | Civil Asset Forfeiture Reform Act - Amends the Federal criminal code to require that in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute, with respect to which the agency conducting a seizure of property must give written notice to interested parties, such notice shall be given within 60 days after the later of the date of the seizure or the date the identity of the interested party is first known or discovered by the agency, with exceptions.
Allows a person entitled to written notice in such proceeding to whom written notice is not given to void, on motion, the forfeiture with respect to that person's interest in the property unless the agency shows good cause for the failure to give notice or that the person otherwise had actual notice of the seizure.
Provides that if the Government does not provide notice of a seizure of property in accordance with this Act, it shall return the property and may not take any further action to effect the forfeiture of such property.
Sets forth provisions regarding: (1) filing deadlines; (2) persons filing claims who are financially unable to obtain representation by counsel; and (3) the burden of proof.
Prohibits an innocent owner's interest in property from being forfeited under any civil forfeiture statute.
(Sec. 4) Amends the Tariff Act of 1930 to provide that Federal criminal code provisions applicable to civil forfeiture procedures shall apply to civil forfeitures proceedings relating to the condemnation or forfeiture of property for violation of the customs laws.
(Sec. 5) Makes the Federal Tort Claims Act applicable to claims based on the negligent destruction, injury, or loss of goods, merchandise, or other property while in the possession of any officer of customs or excise or any other law enforcement officer, if the property was seized for the purpose of forfeiture but the interest of the claimant is not forfeited.
Authorizes the Attorney General to settle, for not more than $50,000 in any case, certain claims for damage to or loss of privately owned property caused by an investigative or law enforcement officer who is employed by the Department of Justice and acting within the scope of his or her employment, subject to specified limitations.
(Sec. 6) Makes the United States liable for post-judgment interest upon entry of judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under any Act of Congress, but not for prejudgment interest (with exceptions). Specifies that the United States shall not be required to disgorge the value of any intangible benefits nor make any other payments to the claimant not specifically authorized.
(Sec. 7) Makes the amendments made by this Act applicable to claims, suits, and actions filed on or after the date of the enactment of this Act, with exceptions. | {"src": "billsum_train", "title": "Civil Asset Forfeiture Reform Act"} | 3,636 | 613 | 0.702495 | 2.367162 | 0.676192 | 6.460674 | 6.252809 | 0.951311 |
SECTION 1. AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.
(a) In General.--Subchapter III of chapter 83 of title 5, United
States Code, is amended by inserting after section 8335 the following:
``Sec. 8335a. Termination of further retirement coverage of Members of
Congress
``(a) In General.--Notwithstanding any other provision of this
subchapter, effective as of the date of enactment of this section--
``(1) a Member shall not be subject to this subchapter for
any further period of time; and
``(2) no further Government contributions or deductions
from basic pay may be made with respect to such Member for
deposit in the Treasury of the United States to the credit of
the Fund.
``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this subchapter with respect to any
Member covering any period prior to the date of enactment of this
section.
``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
``(d) Regulations.--
``(1) In general.--Any regulations necessary to carry out
this section may--
``(A) except with respect to matters under
subparagraph (B), be prescribed by the Director of the
Office of Personnel Management; and
``(B) with respect to matters relating to the
Thrift Savings Plan, be prescribed by the Executive
Director (as defined by section 8401(13)).
``(2) Refunds.--The regulations under paragraph (1)(A)
shall, in the case of any Member described in subsection (a),
provide that the lump-sum credit shall be payable to such
Member to the same extent and in the same manner as if such
Member satisfied paragraphs (1), (3), and (4) of section
8342(a) as of the date of enactment of this section.
``(e) Exclusion.--For purposes of this section, the term `Member'
does not include the Vice President.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 83 of title 5, United States Code, is amended by inserting
after the item relating to section 8335 the following:
``8335a. Termination of further retirement coverage of Members of
Congress.''.
SEC. 2. AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT
SYSTEM.
(a) In General.--Subchapter II of chapter 84 of title 5, United
States Code, is amended by inserting after section 8425 the following:
``Sec. 8425a. Termination of further retirement coverage of Members of
Congress
``(a) In General.--Notwithstanding any other provision of this
chapter, effective as of the date of enactment of this section--
``(1) in the case of an individual who first becomes a
Member before such date of enactment--
``(A) such Member shall not be subject to this
chapter for any further period of time after such date
of enactment; and
``(B) no further Government contributions or
deductions from basic pay may be made with respect to
such Member for deposit in the Treasury of the United
States to the credit of the Fund; and
``(2) in the case of an individual who first becomes a
Member on or after such date of enactment--
``(A) such Member shall not be subject to this
chapter; and
``(B) no Government contributions or deductions
from basic pay may be made with respect to such Member
for deposit in the Treasury of the United States to the
credit of the Civil Service Retirement and Disability
Fund.
``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this chapter with respect to any Member
covering any period prior to the date of enactment of this section.
``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
``(d) Regulations.--
``(1) In general.--Any regulations necessary to carry out
this section may--
``(A) except with respect to matters under
subparagraph (B), be prescribed by the Director of the
Office of Personnel Management; and
``(B) with respect to matters relating to the
Thrift Savings Plan, be prescribed by the Executive
Director (as defined by section 8401(13)).
``(2) Refunds.--The regulations under paragraph (1)(A)
shall, in the case of a Member described in subsection (a)(1),
provide that the lump-sum credit shall be payable to such
Member to the same extent and in the same manner as if such
Member satisfied paragraphs (1), (3), and (4) of section
8424(a) as of the date of enactment of this section.
``(e) Exclusion.--For purposes of this section, the term `Member'
does not include the Vice President.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 84 of title 5, United States Code, is amended by inserting
after the item relating to section 8425 the following:
``8425a. Termination of further retirement coverage of Members of
Congress.''. | Amends the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to exclude Members of Congress, except the Vice President, from further CSRS and FERS retirement coverage. Prohibits further government contributions or deductions from such Member's basic pay for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund. States that nothing in this Act shall: (1) be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under CSRS or FERS for any Member covering any period before the enactment of this Act; or (2) affect the eligibility of a Member to participate in the Thrift Savings Plan (TSP) in accordance with otherwise applicable law. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to provide for the termination of further retirement benefits for Members of Congress, except the right to continue participating in the Thrift Savings Plan, and for other purposes."} | 1,299 | 162 | 0.582334 | 1.576413 | 0.754914 | 3.957143 | 8.25 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to E-File Act''.
SEC. 2. ELECTRONIC FILING AND RETRIEVAL.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, in accordance with subsection (c), the Secretary
of Agriculture (referred to in this Act as the ``Secretary'') shall, to
the maximum extent practicable, establish an Internet-based system that
enables agricultural producers to access all forms of the agencies of
the Department of Agriculture (referred to in this Act as the
``Department'') specified in subsection (b).
(b) Applicability.--The agencies referred to in subsection (a) are
the following:
(1) The Farm Service Agency.
(2) The Natural Resources Conservation Service.
(3) The rural development components of the Department included
in the Secretary's service center initiative regarding State and
field office collocation implemented pursuant to section 215 of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6915).
(4) The agricultural producer programs component of the
Commodity Credit Corporation administered by the Farm Service
Agency and the Natural Resources Conservation Service.
(c) Implementation.--In carrying out subsection (a), the Secretary
shall--
(1) provide a method by which agricultural producers may--
(A) download from the Internet the forms of the agencies
specified in subsection (b); and
(B) submit completed forms via electronic facsimile, mail,
or similar means;
(2) redesign the forms by incorporating into the forms user-
friendly formats and self-help guidance materials; and
(3) ensure that the agencies specified in subsection (b)--
(A) use computer hardware and software that is compatible
among the agencies and will operate in a common computing
environment; and
(B) develop common Internet user-interface locations and
applications to consolidate the agencies' news, information,
and program materials.
(d) Progress Reports.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress a report
that describes the progress made toward implementing the Internet-based
system required under this section.
SEC. 3. ACCESSING INFORMATION AND FILING OVER THE INTERNET.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, in accordance with subsection (b), the Secretary shall
expand implementation of the Internet-based system established under
section 2 by enabling agricultural producers to access and file all
forms and, at the option of the Secretary, selected records and
information of the agencies of the Department specified in section
2(b).
(b) Implementation.--In carrying out subsection (a), the Secretary
shall ensure that an agricultural producer is able--
(1) to file electronically or in paper form, at the option of
the agricultural producer, all forms required by agencies of the
Department specified in section 2(b);
(2) to file electronically or in paper form, at the option of
the agricultural producer, all documentation required by agencies
of the Department specified in section 2(b) and determined
appropriate by the Secretary; and
(3) to access information of the Department concerning farm
programs, quarterly trade, economic, and production reports, and
other similar production agriculture information that is readily
available to the public in paper form.
SEC. 4. AVAILABILITY OF AGENCY INFORMATION TECHNOLOGY FUNDS.
(a) Reservation of Funds.--From funds made available for agencies
of the Department specified in section 2(b) for information technology
or information resource management, the Secretary shall reserve from
those agencies' applicable accounts a total amount equal to not more
than the following:
(1) For fiscal year 2001, $3,000,000.
(2) For each subsequent fiscal year, $2,000,000.
(b) Time for Reservation.--The Secretary shall notify Congress of
the amount to be reserved under subsection (a) for a fiscal year not
later than December 1 of that fiscal year.
(c) Use of Funds.--
(1) Establishment.--Funds reserved under subsection (a) shall
be used to establish the Internet-based system required under
section 2 and to expand the system as required by section 3.
(2) Maintenance.--Once the system is established and
operational, reserved amounts shall be used for maintenance and
improvement of the system.
(d) Return of Funds.--Funds reserved under subsection (a) and
unobligated at the end of the fiscal year shall be returned to the
agency from which the funds were reserved, to remain available until
expended.
SEC. 5. FEDERAL CROP INSURANCE CORPORATION AND RISK MANAGEMENT AGENCY.
(a) In General.--Not later than December 1, 2000, the Federal Crop
Insurance Corporation and the Risk Management Agency shall submit to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a plan,
that is consistent with this Act, to allow agricultural producers to--
(1) obtain, over the Internet, from approved insurance
providers all forms and other information concerning the program
under the jurisdiction of the Corporation and Agency in which the
agricultural producer is a participant; and
(2) file electronically all paperwork required for
participation in the program.
(b) Administration.--The plan shall--
(1) conform to sections 2(c) and 3(b); and
(2) prescribe--
(A) the location and type of data to be made available to
agricultural producers;
(B) the location where agricultural producers can
electronically file their paperwork; and
(C) the responsibilities of the applicable parties,
including agricultural producers, the Risk Management Agency,
the Federal Crop Insurance Corporation, approved insurance
providers, crop insurance agents, and brokers.
(c) Implementation.--Not later than December 1, 2001, the Federal
Crop Insurance Corporation and the Risk Management Agency shall
complete implementation of the plan submitted under subsection (a).
SEC. 6. CONFIDENTIALITY.
In carrying out this Act, the Secretary--
(1) may not make available any information over the Internet
that would otherwise not be available for release under section 552
or 552a of title 5, United States Code; and
(2) shall ensure, to the maximum extent practicable, that the
confidentiality of persons is maintained.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary to: (1) provide for downloading and filing of user-friendly forms and self-help guidance materials; and (2) ensure computer system interoperability.(Sec. 3) Directs the Secretary to expand such system to permit producers to access and file all forms, and at the option of the Secretary, access selected records and information.(Sec. 4) Directs the Secretary to reserve specified funds beginning in FY 2001 for such Internet-based system.(Sec. 5) Directs the Federal Crop Insurance Corporation and the Risk Management Agency to submit by December 1, 2000, and implement by December 1, 2001, a plan to permit agricultural producers to obtain and file all appropriate insurance forms over the Internet.Directs the Secretary to provide for participant confidentiality and information protection. | {"src": "billsum_train", "title": "Freedom to E-File Act"} | 1,372 | 166 | 0.55649 | 1.652105 | 0.716835 | 2.760274 | 9.027397 | 0.883562 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Three Kids Mine Remediation and
Reclamation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
approximately 948 acres of Bureau of Reclamation and Bureau of
Land Management land within the Three Kids Mine Project Site,
as depicted on the map.
(2) Hazardous substance; pollutant or contaminant; release;
remedy; response.--The terms ``hazardous substance'',
``pollutant or contaminant'', ``release'', ``remedy'', and
``response'' have the meanings given those terms in section 101
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(3) Henderson redevelopment agency.--The term ``Henderson
Redevelopment Agency'' means the redevelopment agency of the
City of Henderson, Nevada, established and authorized to
transact business and exercise the powers of the agency in
accordance with the Nevada Community Redevelopment Law (Nev.
Rev. Stat. 279.382 to 279.685).
(4) Map.--The term ``map'' means the map entitled ``Three
Kids Mine Project Area'' and dated August 2, 2011.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Nevada.
(7) Three kids mine project site.--The term ``Three Kids
Mine Project Site'' means the approximately 1,262 acres of land
that is--
(A) comprised of--
(i) the Federal land; and
(ii) the approximately 314 acres of
adjacent non-Federal land; and
(B) depicted as the ``Three Kids Mine Project
Site'' on the map.
SEC. 3. LAND CONVEYANCE.
(a) In General.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713)
and section 120 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620), and any other
provision of law, as soon as practicable after the conditions described
in subsection (b) have been met, and subject to valid existing rights,
the Secretary shall convey to the Henderson Redevelopment Agency all
right, title, and interest of the United States in and to the Federal
land.
(b) Conditions.--
(1) Appraisal; fair market value.--
(A) In general.--As consideration for the
conveyance under subsection (a), the Henderson
Redevelopment Agency shall pay the fair market value of
the Federal land, if any, as determined under
subparagraph (B) and as adjusted under subparagraph
(E).
(B) Appraisal.--The Secretary shall determine the
fair market value of the Federal land based on an
appraisal--
(i) that is conducted in accordance with
nationally recognized appraisal standards,
including--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(II) the Uniform Standards of
Professional Appraisal Practice; and
(ii) that does not take into account any
existing contamination associated with
historical mining on the Federal land.
(C) Remediation and reclamation costs.--
(i) In general.--The Secretary shall
prepare a reasonable estimate of the costs to
assess, remediate, and reclaim the Three Kids
Mine Project Site.
(ii) Considerations.--The estimate prepared
under clause (i) shall be--
(I) based on the results of a
comprehensive Phase II environmental
site assessment of the Three Kids Mine
Project Site prepared by the Henderson
Redevelopment Agency or a designee that
has been approved by the State; and
(II) prepared in accordance with
the current version of the ASTM
International Standard E-2137-06
entitled ``Standard Guide for
Estimating Monetary Costs and
Liabilities for Environmental
Matters.''
(iii) Assessment requirements.--The Phase
II environmental site assessment prepared under
clause (ii)(I) shall, without limiting any
additional requirements that may be required by
the State, be conducted in accordance with the
procedures of--
(I) the most recent version of ASTM
International Standard E-1527-05
entitled ``Standard Practice for
Environmental Site Assessments: Phase I
Environmental Site Assessment
Process''; and
(II) ASTM International Standard E-
1903-97 entitled ``Standard Guide for
Environmental Site Assessments: Phase
II Environmental Site Assessment
Process'' (2002).
(iv) Review of certain information.--
(I) In general.--The Secretary
shall review and consider cost
information proffered by the Henderson
Redevelopment Agency and the State in
the preparation of the estimate under
this subparagraph.
(II) Final determination.--If there
is a disagreement among the Secretary,
Henderson Redevelopment Agency, and the
State over the reasonable estimate of
costs under this subparagraph, the
parties shall jointly select 1 or more
experts to assist the Secretary in
making the final estimate of the costs.
(D) Deadline.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall
begin the appraisal and cost estimates under
subparagraphs (B) and (C), respectively.
(E) Adjustment.--The Secretary shall
administratively adjust the fair market value of the
Federal land, as determined under subparagraph (B),
based on the estimate of remediation, and reclamation
costs, as determined under subparagraph (C).
(2) Mine remediation and reclamation agreement executed.--
(A) In general.--The conveyance under subsection
(a) shall be contingent on the Secretary receiving from
the State written notification that a mine remediation
and reclamation agreement has been executed in
accordance with subparagraph (B).
(B) Requirements.--The mine remediation and
reclamation agreement required under subparagraph (A)
shall be an enforceable consent order or agreement
administered by the State that--
(i) obligates a party to perform the
remediation and reclamation work at the Three
Kids Mine Project Site necessary to complete a
permanent and appropriately protective remedy
to existing environmental contamination and
hazardous conditions; and
(ii) contains provisions determined to be
necessary by the State, including financial
assurance provisions to ensure the completion
of the remedy.
(3) Notification from agency.--As a condition of the
conveyance under subsection (a), the Secretary shall receive
from the Henderson Redevelopment Agency written notification
that the Henderson Redevelopment Agency is prepared to accept
conveyance of the Federal land under that subsection.
SEC. 4. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, for the 10-year
period beginning on the earlier of the date of enactment of this Act or
the date of the conveyance required by this Act, the Federal land is
withdrawn from all forms of--
(1) entry, appropriation, operation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral
materials, and the geothermal leasing laws.
(b) Existing Reclamation Withdrawals.--Subject to valid existing
rights, any withdrawal under the public land laws that includes all or
any portion of the Federal land for which the Bureau of Reclamation has
determined that the Bureau of Reclamation has no further need under
applicable law is relinquished and revoked solely to the extent
necessary--
(1) to exclude from the withdrawal the property that is no
longer needed; and
(2) to allow for the immediate conveyance of the Federal
land as required under this Act.
SEC. 5. ACEC BOUNDARY ADJUSTMENT.
Notwithstanding section 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713), the boundary of the River
Mountains Area of Critical Environmental Concern (NVN 76884) is
adjusted to exclude any portion of the Three Kids Mine Project Site
consistent with the map.
SEC. 6. RELEASE OF THE UNITED STATES.
Upon making the conveyance under section 3, notwithstanding any
other provision of law, the United States is released from any and all
liabilities or claims of any kind or nature arising from the presence,
release, or threat of release of any hazardous substance, pollutant,
contaminant, petroleum product (or derivative of a petroleum product of
any kind), solid waste, mine materials or mining-related features
(including tailings, overburden, waste rock, mill remnants, pits, or
other hazards resulting from the presence of mining related features)
at the Three Kids Mine Project Site in existence on or before the date
of the conveyance. | Three Kids Mine Remediation and Reclamation Act - Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, the Three Kids Mine Project Site for the environmental remediation and reclamation of the Site.
Requires Henderson Redevelopment Agency to pay the fair market value, if any, of the federal land, as determined and as adjusted based on remediation and reclamation costs. Excludes from the determination of fair market value any existing contamination associated with historical mining on such land.
Adjusts the boundary of the River Mountains Area of Critical Environmental Concern to exclude any part of the Project Site.
Releases the United States, upon making the conveyance, from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product, solid waste, or mining related materials at the Three Kids Mine Project Site in existence on or before the date of the conveyance. | {"src": "billsum_train", "title": "A bill to provide for the conveyance of certain Federal land in Clark County, Nevada, for the environmental remediation and reclamation of the Three Kids Mine Project Site, and for other purposes."} | 1,973 | 215 | 0.591964 | 1.85186 | 0.783244 | 5.507937 | 9.238095 | 0.957672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quarantining the Ayatollah's State-
Sponsored Aggression and Militancy (QASSAM) Act''.
TITLE I--IRAN'S REVOLUTIONARY GUARD CORPS WATCH LIST AND REPORT
SEC. 101. FINDINGS.
Congress finds the following:
(1) Iran's Revolutionary Guard Corps (IRGC) threatens the
national security of the United States and United States
allies.
(2) The IRGC provides direct sponsorship and support to
numerous foreign terrorist organizations, including Hamas and
Hezbollah, and maintains support for the Bashar al-Assad regime
in Syria which is responsible for hundreds of thousands of
deaths.
(3) The United States holds the IRGC responsible for severe
and continuing human rights violations against the Iranian
people, including unlawful arrests, torture, and harassment.
(4) The United States currently upholds sanctions against
the IRGC for its support of terrorism and human rights abuses.
(5) The Office of Foreign Assets Control of the Department
of the Treasury currently includes the IRGC on the list of
specially designated nationals and blocked persons maintained
by the Office of Foreign Assets Control of the Department of
the Treasury (in this section referred to as the ``SDN list'').
(6) The Office of Foreign Assets Control of the Department
of the Treasury includes on the SDN list entities in which the
IRGC owns a 50 percent or greater interest. The inclusion of an
entity on the SDN list results in the blocking of all assets
and property of such entity. This regulation, commonly termed
the ``50 percent rule'', is codified in section 561.405 of
title 31, Code of Federal Regulations, and is the standard used
by the Office of Foreign Assets Control when determining
ownership of entities owned or controlled by blocked or
sanctioned persons.
(7) The IRGC maintains a powerful and expansive presence
throughout Iran's financial, commercial, and oil sectors,
owning, controlling, operating, and influencing Iranian
entities while producing revenues estimated in the billions of
dollars. According to the Department of the Treasury, ``The
IRGC has a growing presence in Iran's financial and commercial
sectors and extensive economic interests in the defense
production, construction, and oil industries, controlling
billions of dollars in corporate business.''.
(8) The IRGC has continuously practiced sanctions evasion
and deceptive business practices to conceal its ownership over
Iranian entities, owning numerous Iranian entities which are
not on the SDN list because IRGC ownership is below 50 percent,
leaving such entities unsanctioned and open to business.
(9) As sanctions are lifted and Iran becomes more open to
international commerce, the international community must be
aware of any and all entities that are IRGC-owned, -controlled,
-operated, or influenced, including those entities that do not
make the threshold to be included on the SDN list.
SEC. 102. IMPOSITION OF SANCTIONS AGAINST ENTITIES OWNED IN WHOLE OR IN
PART BY IRGC.
(a) In General.--The President shall impose the sanctions described
in subsection (b) against any entity with respect to which Iran's
Revolutionary Guard Corps owns, directly or indirectly, a 20 percent or
greater interest in the entity, regardless of whether the entity itself
is included on the list of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets Control of the
Department of the Treasury.
(b) Sanctions Described.--
(1) In general.--The blocking, in accordance with the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), of all transactions in all property and interests in
property of an entity if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(2) Inapplicability of national emergency requirement.--The
requirements of section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of this section.
(c) Definitions.--In this section:
(1) Person.--The term ``person'' means an individual or
entity.
(2) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 103. IRGC WATCH LIST AND REPORT.
(a) In General.--The Secretary of the Treasury shall establish,
maintain, and publish in the Federal Register a list of each entity
with respect to which Iran's Revolutionary Guard Corps--
(1) owns, directly or indirectly, any interest that is less
than 20 percent in the entity; or
(2) does not own any interest in the entity but maintains a
presence on the board of directors of the entity or otherwise
influences the actions, policies, or personnel decisions of the
entity.
(b) Report.--Not later than 90 days after the date of the enactment
of the Act, and annually thereafter, the Secretary of the Treasury
shall submit to Congress a report on any changes to the list required
by subsection (a).
(c) Reference.--The list required by subsection (a) shall be known
as the ``IRGC Watch List''.
SEC. 104. DEFINITIONS.
Except as otherwise provided, in this title:
(1) Entity.--The term ``entity'' means any corporation,
business association, partnership, trust, society, or any other
entity.
(2) IRGC.--The term ``IRGC'' means Iran's Revolutionary
Guard Corps.
TITLE II--OTHER PROVISIONS
SEC. 201. AUTHORITY OF STATES AND LOCAL GOVERNMENTS TO DIVEST FROM
CERTAIN COMPANIES THAT ENGAGE IN INVESTMENT OR BUSINESS
ACTIVITIES WITH IRAN'S REVOLUTIONARY GUARD CORPS.
(a) In General.--Subtitle B of title III of the Iran Threat
Reduction and Syria Human Rights Act of 2012 (Public Law 112-158; 126
Stat. 1247), is amended by adding at the end the following:
``SEC. 313. AUTHORITY OF STATES AND LOCAL GOVERNMENTS TO DIVEST FROM
PERSONS THAT ENGAGE IN INVESTMENT OR BUSINESS ACTIVITIES
WITH IRAN'S REVOLUTIONARY GUARD CORPS.
``(a) Sense of Congress.--It is the sense of Congress that the
United States should support the decision of any State or local
government that for moral, prudential, or reputational reasons divests
from, or prohibits the investment of assets of the State or local
government in, a person that engages in investment or business
activities with Iran's Revolutionary Guard Corps or Iran's
Revolutionary Guard Corps-related companies, as long as Iran's
Revolutionary Guard Corps is subject to economic sanctions imposed by
the United States.
``(b) Authority To Divest.--Notwithstanding any other provision of
law, a State or local government may adopt and enforce measures that
meet the requirements of subsection (d) to divest the assets of the
State or local government from, or prohibit investment of the assets of
the State or local government in, any person that the State or local
government determines, using credible information available to the
public, engages in investment or business activities with Iran's
Revolutionary Guard Corps or Iran's Revolutionary Guard Corps-related
companies described in subsection (c).
``(c) Investment or Business Activities Described.--A person
engages in investment or business activities with Iran's Revolutionary
Guard Corps or Iran's Revolutionary Guard Corps-related companies if
the person--
``(1) has a financial investment in Iran's Revolutionary
Guard Corps or an Iran's Revolutionary Guard Corps-related
company;
``(2) owns, in whole or in part, an Iran's Revolutionary
Guard Corps-related company; or
``(3) is a financial institution that extends credit or
financing to another person, for 45 days or more, if that
person will use the credit or financing for investment in an
Iran's Revolutionary Guard Corps-related company.
``(d) Requirements.--Any measure taken by a State or local
government under subsection (b) shall meet the following requirements:
``(1) Notice.--The State or local government shall provide
written notice to each person to which a measure is to be
applied.
``(2) Timing.--The measure shall apply to a person not
earlier than the date that is 90 days after the date on which
written notice is provided to the person under paragraph (1).
``(3) Opportunity for hearing.--The State or local
government shall provide an opportunity to comment in writing
to each person to which a measure is to be applied. If the
person demonstrates to the State or local government that the
person does not engage in investment or business activities
with Iran's Revolutionary Guard Corps or Iran's Revolutionary
Guard Corps-related companies described in subsection (c), the
measure shall not apply to the person.
``(4) Sense of congress on avoiding erroneous targeting.--
It is the sense of Congress that a State or local government
should not adopt a measure under subsection (b) with respect to
a person unless the State or local government has made every
effort to avoid erroneously targeting the person and has
verified that the person engages in business or investment
activities with Iran's Revolutionary Guard Corps or Iran's
Revolutionary Guard Corps-related companies described in
subsection (c).
``(e) Notice to Department of Justice.--Not later than 30 days
after adopting a measure pursuant to subsection (b), a State or local
government shall submit written notice to the Attorney General
describing the measure.
``(f) Nonpreemption.--A measure of a State or local government
authorized under subsection (b) or (i) is not preempted by any Federal
law or regulation.
``(g) Definitions.--In this section:
``(1) Assets.--
``(A) In general.--Except as provided in
subparagraph (B), the term `assets' refers to public
monies and includes any pension, retirement, annuity,
or endowment fund, or similar instrument, that is
controlled by a State or local government.
``(B) Exception.--The term `assets' does not
include employee benefit plans covered by title I of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.).
``(2) Investment.--The `investment' includes--
``(A) a commitment or contribution of funds or
property;
``(B) a loan or other extension of credit; and
``(C) the entry into or renewal of a contract for
goods or services.
``(h) Effective Date.--
``(1) In general.--Except as provided in paragraph (2) or
subsection (i), this section applies to measures adopted by a
State or local government before, on, or after the date of the
enactment of this Act.
``(2) Notice requirements.--Except as provided in
subsection (i), subsections (d) and (e) apply to measures
adopted by a State or local government on or after the date of
the enactment of this Act.
``(i) Authorization for Prior Enacted Measures.--
``(1) In general.--Notwithstanding any other provision of
this section or any other provision of law, a State or local
government may enforce a measure (without regard to the
requirements of subsection (d), except as provided in paragraph
(2)) adopted by the State or local government before the date
of this section that provides for the divestment of assets of
the State or local government from, or prohibits the investment
of the assets of the State or local government in, any person
that the State or local government determines, using credible
information available to the public, engages in business or
investment activities with Iran's Revolutionary Guard Corps or
Iran's Revolutionary Guard Corps-related companies (determined
without regard to subsection (c)) or other business or
investment activities that are identified in the measure.
``(2) Application of notice requirements.--A measure
described in paragraph (1) shall be subject to the requirements
of paragraphs (1) and (2) and the first sentence of paragraph
(3) of subsection (d) on and after the date that is 2 years
after the date of the enactment of this Act.
``(j) Rule of Construction.--Nothing in this section or any other
provision of law authorizing sanctions with respect to Iran shall be
construed to abridge the authority of a State to issue and enforce
rules governing the safety, soundness, and solvency of a financial
institution subject to its jurisdiction or the business of insurance
pursuant to the Act of March 9, 1945 (15 U.S.C. 1011 et seq.) (commonly
known as the `McCarran-Ferguson Act').''.
(b) Clerical Amendment.--The table of contents for the Iran Threat
Reduction and Syria Human Rights Act of 2012 is amended by adding after
the item relating to section 312 the following:
``Sec. 313. Authority of States and local governments to divest from
certain companies that engage in investment
or business activities with Iran's
Revolutionary Guard Corps.''.
TITLE III--TERMINATION
SEC. 301. TERMINATION.
This Act and the amendments made by this Act shall terminate on the
date that is 30 days after the date on which the President makes the
certification described in section 401(a) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8551(a)). | Quarantining the Ayatollah's State-Sponsored Aggression and Militancy (QASSAM) Act This bill directs the President to block all property and property interest transactions of an entity that is U.S-located or controlled by a U.S. person if it is at least 20% owned by Iran's Revolutionary Guard Corps (IRGC), regardless of whether the entity itself is included on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury Office of Foreign Assets Control. Treasury shall establish and publish in the Federal Register a list of each entity with respect to which the IRGC: owns any interest that is less than 20%; or does not own any interest but maintains a presence on the board of directors or otherwise influences the entity's actions, policies, or personnel decisions. The Iran Threat Reduction and Syria Human Rights Act of 2012 is amended to express the sense of Congress that the United States should support any state or local government that for moral, prudential, or reputational reasons divests from, or prohibits the investment of its assets in, any person that engages in investment or business activities with the IRGC or IRGC-related companies, as long as the IRGC is subject to U.S. economic sanctions. A state or local government may adopt and enforce specified divestment or investment prohibition measures. It is the sense of Congress that a state or local government should not adopt such a measure against a person unless it has made every effort to avoid erroneously targeting such person. | {"src": "billsum_train", "title": "Quarantining the Ayatollah's State-Sponsored Aggression and Militancy (QASSAM) Act"} | 3,155 | 349 | 0.582683 | 2.156422 | 0.733077 | 5.328671 | 9.769231 | 0.937063 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Alcohol, Tobacco,
Firearms, and Explosives (BATFE) Modernization and Reform Act of
2006''.
SEC. 2. GRADUATED PENALTIES FOR CIVIL VIOLATIONS BY FEDERAL FIREARMS
LICENSEES.
(a) In General.--Section 923 of title 18, United States Code, is
amended by striking subsections (e) and (f) and inserting the
following:
``(e)(1)(A) If the Attorney General determines that a licensee
under this section has willfully violated any provision of this chapter
or any regulation prescribed under this chapter, the Attorney General
may--
``(i) if the violation is of a minor nature--
``(I) impose on the licensee a civil money penalty
of not more than $1,000 for each such violation, except
that the total amount of penalties imposed on a
licensee under this subclause for violations arising
from a single inspection or examination shall not
exceed $5,000; or
``(II) suspend the license for not more than 30
days, and specify the circumstances under which the
suspension is to be terminated, if, in the period for
which the license is in effect, there have been at
least 2 prior occasions on which the licensee has been
determined to have violated this chapter; or
``(ii) if the violation is of a serious nature--
``(I) impose on the licensee a civil money penalty
of not more than $2,500 for each such violation, except
that the total amount of penalties imposed on a
licensee under this subclause for a violations arising
from a single inspection or examination shall not
exceed $15,000;
``(II) suspend the license for not more than 90
days, and specify the circumstances under which the
suspension is to be terminated;
``(III) revoke the license; or
``(IV) take the actions described in subclauses (I)
and (II), or subclauses (I) and (III).
``(B)(i)(I) In determining the amount of a civil money penalty to
impose under subparagraph (A) on a licensee, the nature and severity of
the violation involved, the size of the firearms business operated by
the licensee, and the prior record of the licensee shall be considered.
``(II) On request of the licensee, the Attorney General may
consider the ability of the licensee to pay a civil money penalty, and
may allow the licensee to submit documents and information to establish
the ability of the licensee to pay. The Attorney General shall not make
part of any public record any document or information so submitted, and
shall return to the licensee any such document or information.
``(III) The total amount of penalties imposed on a licensee under
subparagraph (A) with respect to violations of a minor nature and of a
serious nature arising from a single inspection or examination shall
not exceed $15,000.
``(ii) For purposes of subparagraph (A), violation of a provision
of this chapter with respect to 2 or more firearms during a single
transaction shall be considered a single violation of the provision.
``(iii) The Attorney General may defer, or suspend, in whole or in
part, the imposition of a civil money penalty on a licensee whose
license is suspended under this paragraph.
``(C) For purposes of subparagraph (A):
``(i) A violation of this chapter shall be considered to be
of a serious nature if the violation--
``(I) results in or could have resulted in the
transfer of a firearm or ammunition to a person
prohibited from possessing or receiving the firearm or
ammunition under this chapter or under State or local
law;
``(II) obstructs or could have obstructed a bona
fide criminal investigation or prosecution, or an
inspection or examination under this chapter; or
``(III) prevents or could have prevented a licensee
from complying with subsection (a)(7), (a)(8), (b)(1),
(b)(3), (b)(4), (j), (k), (o), or (p) of section 922,
subsection (g)(7) of this section, or subsection (b) or
(h) of section 924.
``(ii) A violation of this chapter shall be considered to
be of a minor nature if the violation is not of a serious
nature.
``(D) The Attorney General may not commence an enforcement action
under subparagraph (A) with respect to a violation, after the 5-year
period that begins with--
``(i) the date the violation occurred; or
``(ii) if the licensee intentionally obstructed discovery
of the violation, the date the violation is discovered.
``(2)(A) Not less than 30 days before the effective date of any
penalty imposed on a licensee by reason of a determination made under
paragraph (1), the Attorney General shall send the licensee a written
notice--
``(i) of the determination, and the grounds on which the
determination was made;
``(ii) of the nature of the penalty; and
``(iii) that the licensee may, within 30 days after receipt
of the notice, request a hearing to review the determination.
``(B) A hearing to review a determination made under paragraph (1)
with respect to a licensee shall not be held unless the licensee
requests such a hearing within 30 days after receiving the notice of
the determination sent pursuant to subparagraph (A).
``(C) On timely receipt from the licensee of a request for such a
review, the Attorney General shall stay the imposition under paragraph
(1) of any penalty involved, pending resolution of the review, unless,
in the case of a suspension or revocation of a licensee, the Attorney
General establishes, at a hearing before an administrative law judge,
by clear and convincing evidence, that the continued operation by the
licensee of the business poses an immediate and grave threat to public
safety.
``(3)(A) Within 90 days after timely receipt from a licensee of a
request to review a determination made under paragraph (1) (or at such
later time as is agreed to by the Attorney General and the licensee),
an administrative law judge shall hold a hearing, at a location
convenient to the licensee, to review the determination.
``(B) Not less than 30 days before the hearing, the Attorney
General shall deliver to the licensee--
``(i) a document identifying each person whom the Attorney
General intends to call as a witness during the hearing;
``(ii) a copy of each document which will be introduced as
evidence at the hearing; and
``(iii) copies of all documents on which the determination
is based.
``(C) Within 90 days after the hearing, the administrative law
judge shall issue a written decision setting forth findings of fact and
conclusions of law, and a decision as to whether to affirm, modify, or
reverse the determination.
``(D) On request of the licensee, the Attorney General shall stay
the effective date of any penalty, suspension, or revocation until
there has been a final, nonreviewable judgment with respect to the
determination involved, unless, in the case of a suspension or
revocation of a licensee, the Attorney General establishes, at a
hearing before an administrative law judge, by clear and convincing
evidence, that the continued operation by the licensee of the business
poses an immediate and grave threat to public safety.
``(E) The action of an administrative law judge under this
subsection shall be considered final agency action for all purposes,
and may be reviewed only as provided in subsection (f).
``(4) This subsection shall not be interpreted to affect the
authority of the Attorney General under section 922(t)(5).
``(f)(1) Within 60 days after a party receives a notice issued
under subsection (d)(3) of a decision to deny a license, or a notice
issued under subsection (e)(3)(C) of a determination to impose a civil
money penalty or to suspend or revoke a license, the party may file a
petition with the United States district court for the district in
which the party resides or has a principal place of business for a de
novo review of the decision or determination.
``(2) In a proceeding conducted under this paragraph, the court
shall, on application of a party, consider any evidence submitted by
the parties to the proceeding whether or not the evidence was
considered at the hearing held under subsection (d)(3) or (e)(3).
``(3) If the court decides that the decision or determination was
not authorized, the court shall order the Attorney General to take such
action as may be necessary to comply with the judgment of the court.
``(4) If criminal proceedings are instituted against a licensee
alleging any violation of this chapter or of a regulation prescribed
under this chapter, and the licensee is acquitted of the charges, or
the proceedings are terminated, other than upon motion of the
Government before trial on the charges, the Attorney General shall be
absolutely barred from denying a license under this chapter, suspending
or revoking a license granted under this chapter, or imposing a civil
money penalty under subsection (e), if the action would be based in
whole or in part on the facts which form the basis of the criminal
charges.
``(5) The Attorney General may not institute a proceeding to
suspend or revoke a license granted under this chapter, or to impose a
civil money penalty under subsection (e), more than 1 year after the
filing of the indictment or information.''.
(b) Conforming Amendment to Procedure Applicable to Denial of
Application for License.--Section 923(d) of such title is amended by
adding at the end the following:
``(3) If the Attorney General denies an application for a license,
an administrative law judge of the Department of Justice shall, on
request by the aggrieved party, promptly hold a hearing to review the
denial, at a location convenient to the aggrieved party. If, after the
hearing, the administrative law judge decides not to reverse the
denial, the administrative law judge shall give notice of the final
denial decision to the aggrieved party.''.
SEC. 3. CONSIDERATION OF FEDERAL FIREARMS LICENSE APPLICATIONS.
(a) In General.--Section 923(d) of title 18, United States Code, as
amended by section 2(b) of this Act, is amended by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4) and inserting after
paragraph (1) the following:
``(2) The Attorney General shall make a preliminary determination
as to whether to approve or deny an application submitted under
subsection (a) or (b). If the preliminary determination is to deny the
application, the Attorney General shall notify the applicant in writing
of the preliminary determination and the reasons for the preliminary
determination, and shall afford the applicant an opportunity to
supplement the application with additional information and to request a
hearing on the application. If the applicant, in a timely manner,
requests such a hearing, the Attorney General shall hold the hearing at
a location convenient to the applicant, and shall notify the applicant
in writing of the time and place of the hearing.''.
(b) Conforming Amendment.--Section 923(f) of such title, as amended
by section 2(a) of this Act, is amended by striking ``(d)(3)'' each
place it appears and inserting ``(d)(4)''.
SEC. 4. DEFINITION OF WILLFULLY.
Section 923(e) of title 18, United States Code, as amended by
section 2(a) of this Act, is amended by adding at the end the
following:
``(5) For purposes of this subsection, the term `willfully' means,
with respect to conduct of a person, that the person knew of a legal
duty, and engaged in the conduct knowingly and in intentional disregard
of the duty.''.
SEC. 5. ESTABLISHMENT OF FORMAL INSPECTION, EXAMINATION, AND
INVESTIGATIVE GUIDELINES.
The Attorney General shall establish guidelines for how the Bureau
of Alcohol, Tobacco, Firearms, and Explosives is to conduct
inspections, examinations, or investigations of possible violations of
chapters 40 and 44 of title 18, United States Code.
SEC. 6. REVIEW BY THE INSPECTOR GENERAL OF THE DEPARTMENT OF JUSTICE OF
THE GUN SHOW ENFORCEMENT PROGRAM; REPORT.
(a) Review.--The Inspector General of the Department of Justice
shall conduct a review of the operations of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, for the purpose of assessing the
manner in which the Bureau conducts the gun show enforcement program
and blanket residency checks of prospective and actual firearms
purchasers.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Inspector General of the Department of Justice shall
submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
written report that contains the findings of the review required by
subsection (a), and includes such recommendations as may be
appropriate.
SEC. 7. LIMITATIONS ON USE OF FIREARMS PURCHASER INFORMATION.
Section 923(g)(1)(D) of title 18, United States Code, is amended in
the last sentence by inserting ``, except that information identifying
a person who has purchased or received firearms or ammunition and who
is not prohibited from doing so may not be so made available or so
provided unless the agency involved has certified that the agency will
not disclose the information to any entity other than a court, federal,
State or local law enforcement agency, or prosecutor'' before the
period.
SEC. 8. LIQUIDATION OF INVENTORY IN FEDERAL FIREARMS LICENSE
EXPIRATION, SURRENDER, OR REVOCATION CASES.
Section 923 of title 18, United States Code, is amended by adding
at the end the following:
``(m)(1) Except as provided in paragraph (2), a person whose
license issued under this chapter is expired, surrendered, or revoked
shall be afforded 60 days from the effective date of the expiration,
surrender, or revocation to liquidate the firearms inventory of the
person, which time may be extended upon a showing of reasonable cause.
During such 60-day period (including any extension of the period), the
license involved shall continue to be considered valid.
``(2) Paragraph (1) shall not apply with respect to a person if a
United States District Court for the judicial district in which the
person resides or in which the principal place of business of the
person subject to the license is located finds, by clear and convincing
evidence, that the continued operation by the person of the business
poses an immediate and grave threat to public safety.''.
SEC. 9. OPPORTUNITY TO CURE VIOLATIONS AFTER ACQUISITION OF FIREARMS
BUSINESS.
Section 923 of title 18, United States Code, is further amended by
adding at the end the following:
``(n) If the Attorney General is made aware that a business
licensed under this chapter has transferred to a surviving spouse or
child of the licensee, to an executor, administrator, or other legal
representative of a deceased licensee; or to a receiver or trustee in
bankruptcy, or an assignee for benefit of creditors, and, before the
transfer, or on the first inspection or examination by the Attorney
General of the records of the licensee after the transfer, the licensee
is found to be operating the business in violation of this chapter, the
Attorney General--
``(1) shall notify the transferee of the violation by the
transferor; and
``(2) shall not presume that the transferee is committing
the violation.''.
SEC. 10. STANDARDS FOR CRIMINAL VIOLATIONS OF RECORDKEEPING
REQUIREMENTS.
Section 922(m) of title 18, United States Code, is amended--
(1) by striking ``any false entry'' and inserting ``a
materially false entry'';
(2) by striking ``appropriate entry'' and inserting ``a
materially significant entry''; and
(3) by striking ``properly maintain'' and inserting
``retain custody of''.
SEC. 11. AUTHORITY TO COLLECT INFORMATION ON EXPLOSIVES STORED UNDER
STATE LAW; REGULATIONS GOVERNING STORAGE OF EXPLOSIVES
MADE APPLICABLE TO STORAGE OF EXPLOSIVES BY AGENCIES
OPERATING UNDER STATE LAW.
(a) Authority to Collect Information on Explosives Stored Under
State Law.--
(1) In general.--Section 846 of title 18, United States
Code, is amended by adding at the end the following:
``(c) Each agency operating under the law of any State or political
subdivision thereof that stores or keeps explosive materials shall
submit to the Attorney General, at such time as the Attorney General
shall prescribe in regulations, a written report that specifies each
location at which the agency stores or keeps explosive materials that
have been shipped or transported in interstate or foreign commerce, and
the types and amounts of such explosive materials that are stored or
kept at the location.''.
(2) Regulations.--Within 6 months after the date of the
enactment of this section, the Attorney General shall prescribe
the regulations referred to in section 846(c) of title 18,
United States Code.
(b) Regulations Governing Storage of Explosives Made Applicable to
Storage of Explosives by Agencies Operating Under State Law.--Subpart K
of part 555 of subchapter C of chapter II of title 27, Code of Federal
Regulations, shall apply with respect to the storage by agencies
operating under the law of any State or political subdivision thereof
of explosive materials that have been shipped or transported in
interstate or foreign commerce.
SEC. 12. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect at
the end of the 180-day period that begins with the date of the
enactment of this Act.
Passed the House of Representatives September 26, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Modernization and Reform Act of 2006 - (Sec. 2) Amends the federal criminal code to revise the civil penalties for violations of firearms law and the procedures for assessing such penalties. Requires fines to be based upon the nature and severity of the violation, the size of the firearms business involved, and the prior record of the firearm's licensee. Limits total civil penalties to $15,000.
Allows the Attorney General to consider the financial ability of a licensee to pay a civil penalty and defer or suspend part or all of the penalty on a licensee whose license is suspended.
Imposes a five-year limitation period for civil penalty enforcement actions.
Revises procedures for civil enforcement hearings before an administrative law judge.
(Sec. 3) Requires the Attorney General to make a preliminary determination on firearm license applications and to notify applicants in writing of a proposed denial. Allows license applicants to obtain the reasons for the denial and to request a hearing on the application.
(Sec. 4) Defines the legal standard of "willfully" for purposes of determining violations of firearm requirements to require a showing that a person knew of a legal duty and engaged in conduct knowingly and in intentional disregard of the duty.
(Sec. 5) Directs the Attorney General to establish guidelines for Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) inspections, examinations, or investigations of possible firearms violations.
(Sec. 6) Requires the Inspector General of the Department of Justice to review and report to the House and Senate Judiciary Committees on ATF operations relating to the gun show enforcement program and blanket residency checks of prospective and actual firearms purchases.
(Sec. 7) Amends the federal criminal code to prohibit ATF from disclosing information on firearms purchasers other than to a court or to law enforcement officials.
(Sec. 8) Permits a person whose firearms license is expired, surrendered, or revoked 60 days to liquidate firearms inventory. Allows extensions of such 60-day period for reasonable cause.
(Sec. 9) Requires the Attorney General to notify the transferee of a firearms business that the former owner of such business was operating in violation of firearms requirements and to not presume that the transferee is committing the violation.
(Sec. 10) Amends federal criminal code provisions relating to firearms record-keeping requirements to prohibit a materially false entry or an omission of a materially significant entry in a required record (currently, "any false entry" or the omission of an "appropriate entry" is prohibited).
(Sec. 11) Requires any state agency that stores or keeps explosive materials to submit a written report to the Attorney General that specifies each location at which such materials are kept or stored and the types and amounts of such materials. Makes certain federal regulations governing the storage of explosive applicable to state agencies storing explosive materials. | {"src": "billsum_train", "title": "To modernize and reform the Bureau of Alcohol, Tobacco, Firearms, and Explosives."} | 4,177 | 703 | 0.559297 | 1.724962 | 0.605076 | 2.906028 | 6.66844 | 0.891844 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Pest Detection and
Surveillance Improvement Act''.
SEC. 2. SUPPORT FOR COMMODITY INSPECTION EFFORTS TO PREVENT
INTRODUCTION OR SPREAD OF PESTS.
(a) Definitions.--In this section:
(1) Department of agriculture.--The term ``department of
agriculture'' means an agency of a State that has a legal
responsibility to perform early pest detection and surveillance
activities.
(2) Early pest detection and surveillance.--The term
``early pest detection and surveillance'' means the full range
of activities undertaken to find newly introduced pests,
whether new to the United States or new to certain areas of the
United States, before the pests become established, or before
pest infestations become too large and costly to eradicate or
control.
(3) Pest.--The term ``pest'' has the meaning given the term
``plant pest'' in section 403(14) of the Plant Protection Act
(7 U.S.C. 7702(14)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) State.--The term ``State'' means--
(A) each of the several States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(b) Cooperative Agreements Authorized.--The Secretary of
Agriculture shall enter into a cooperative agreement with each
department of agriculture that agrees to conduct early pest detection
surveillance activities in accordance with guidelines established under
the Cooperative Agricultural Pest Survey. The pest detection
surveillance activities of the department of agriculture of a State may
include inspection and surveillance of domestic plant shipments between
that State and other States.
(c) Application.--A department of agriculture seeking to enter into
a cooperative agreement under this section shall submit an application
to the Secretary containing such information as the Secretary may
require. The Secretary shall notify applicants of the following:
(1) The requirements to be imposed on a department of
agriculture for auditing of, and reporting on, the use of any
funds provided by the Secretary under the cooperative
agreement.
(2) The criteria to be used to ensure that early pest
detection and surveillance activities supported under the
cooperative agreement are based on knowledge, experience, and
capabilities.
(3) The means of identifying pathways of pest
introductions.
(4) The methods to be used to determine the level of
support for proposed early pest detection and surveillance
activities by private and public interests adversely affected
by pests.
(d) Consultation.--The Secretary will consult with the National
Plant Board and the National Association of State Departments of
Agriculture in carrying out this section.
(e) Base Funds Under Agreements.--Subject to the availability of
appropriated funds to carry out this section, each State department of
agriculture with which the Secretary enters into a cooperative
agreement under this section shall receive a base level of funding of
$250,000 for each of fiscal years 2008 through 2012. If the funds
available for a fiscal year are insufficient to provide the full amount
specified in this subsection, the Secretary shall reduce the amount
provided to each State as necessary so that each State receives an
equal amount of the available funds.
(f) Additional Funds; Special Considerations.--After the
application of subsection (e), the Secretary shall distribute the
remainder of the funds appropriated to carry out this section, if any,
to departments of agriculture of States that are recognized as high-
risk sentinel States for one or more pest, based on the following
factors:
(1) The number of international airports and maritime
facilities in the State.
(2) The volume of international passenger and cargo entry
into the State.
(3) The geographic location of the State, such that its
location would be conducive to agricultural pest and disease
establishment due to both the State's climate and its crop
diversity.
(4) The State has received an emergency declaration, as
authorized by section 442 of the Plant Protection Act (7 U.S.C.
7772), due to an agricultural pest or disease of Federal
concern.
(5) Such other factors as the Secretary determines to be
appropriate.
(g) Use of Funds.--
(1) Pest detection and surveillance activities.--A
department of agriculture that receives funds under this
section shall use the funds to carry out early pest detection
and surveillance activities to prevent the introduction of a
pest or facilitate the eradication of a pest.
(2) Subagreements.--Nothing in this section is intended to
prevent the department of agriculture of a State from using
funds received under subsection (e) or (f) to enter into
subagreements with political subdivisions in the State that
have legal responsibilities relating to agricultural pest and
disease surveillance.
(3) Treatment of funds.--Funds provided under subsection
(e) or (f) are intended for implementation purposes, and it is
expected that administrative or overhead costs will be limited
in a manner to achieve this purpose.
(4) Relationship to other funds and programs.--Funds
provided under subsection (e) or (f) are intended to augment
the funds otherwise available to a department of agriculture to
perform early pest detection and surveillance activities, and
not to replace such funds.
(h) Reporting Requirement.--Not later than 180 days after the date
of completion of an early pest detection and surveillance activity
conducted by a department of agriculture using funds provided under
this section, the department of agriculture shall submit to the
Secretary a report that describes the purposes and results of the
activities.
(i) No Effect on PILT Payments.--The receipt of funds by the
department of agriculture of a State under this section shall have no
effect on the amount of any payment received by the State under chapter
69 of title 31, United States Code.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
the fiscal years 2008 through 2012 to carry out this section. Not more
than five percent of the funds appropriated pursuant to this
authorization of appropriations for a fiscal year may be used by the
Secretary for administrative costs. | Early Pest Detection and Surveillance Improvement Act - Authorizes the Secretary of Agriculture to enter into a cooperative agreement with any state department of agriculture that agrees to conduct early plant pest detection surveillance activities, including inspection and surveillance of domestic plant shipments between a state and other states. | {"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to enter into cooperative agreements with States to augment their efforts to conduct early detection and surveillance to prevent the establishment or spread of plant pests that endanger agriculture, the environment, and the economy of the United States, and for other purposes."} | 1,396 | 65 | 0.60792 | 1.41081 | 1.272308 | 4.352941 | 25.686275 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs Momentum Act of 2010''.
SEC. 2. REDUCTION IN EMPLOYER PORTION OF PAYROLL TAX FOR CERTAIN
EMPLOYERS INCREASING PAYROLL.
(a) In General.--In the case of any calendar quarter beginning in
2010 or 2011, the aggregate amount of employer payroll tax deposits of
an employer shall be reduced (but not below zero) by an amount equal to
the applicable percentage of the payroll increase of such employer for
such calendar quarter.
(b) Definitions and Special Rules.--For purposes of this section--
(1) Employer payroll tax deposits.--The term ``employer
payroll tax deposits'' means deposits an employer is required
to make under section 6302 of the Internal Revenue Code of 1986
of taxes imposed on such employer under section 3111 of such
Code with respect to individuals in his employ.
(2) Applicable percentage.--The applicable percentage shall
be--
(A) in the case of any calendar quarter beginning
in 2010, 10 percent, and
(B) in the case of any calendar quarter beginning
in 2011, 5 percent.
(3) Payroll increase.--
(A) In general.--The term ``payroll increase''
means, with respect to an employer for a calendar
quarter, the excess (if any) of--
(i) the aggregate amount of qualified wages
(as defined in section 3121(a) of such Code)
paid by such employer to all employees for such
calendar quarter, over
(ii) aggregate amount of inflation adjusted
qualified wages paid by such employer to all
employees for the same calendar quarter in the
preceding calendar year.
(B) Qualified wages.--The term ``qualified wages''
means, with respect to an employee, so much of such
employee's wages (as defined in section 3121(a)) of
such Code) as does not exceed $32,000.
(C) Inflation adjusted qualified wages.--The term
``inflation adjusted qualified wages'' means an amount
equal to--
(i) qualified wages with respect to an
employee, multiplied by
(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year for which the reduction in
deposits under this section is being determined
occurs, determined by substituting `calendar
year 2009' for `calendar year 1992' in
subparagraph (B) thereof.
(4) Denial of double benefit.--The amount of any deduction
allowable to the employer under chapter 1 of such Code for
taxes paid under section 3111 of such Code with respect to
employment during any calendar quarter shall be reduced by the
amount by which the employer payroll tax deposits of such
employer are reduced under subsection (a) for such quarter.
(5) Wages must be for trade or business.--A rule similar to
the rule of section 51(f) of such Code shall apply.
(6) Adjustments for certain acquisitions, etc.--Under
regulations prescribed by the Secretary--
(A) Acquisitions.--If, after December 31, 2009, an
employer acquires the major portion of a trade or
business of another person (hereafter in this paragraph
referred to as the ``predecessor'') or the major
portion of a separate unit of a trade or business of a
predecessor, then, for purposes of applying this
section for any calendar quarter ending after such
acquisition, the amount of wages or compensation deemed
paid by the employer during periods before such
acquisition shall be increased by so much of such wages
or compensation paid by the predecessor with respect to
the acquired trade or business as is attributable to
the portion of such trade or business acquired by the
employer.
(B) Dispositions.--If, after December 31, 2009--
(i) an employer disposes of the major
portion of any trade or business of the
employer or the major portion of a separate
unit of a trade or business of the employer in
a transaction to which paragraph (1) applies,
and
(ii) the employer furnishes the acquiring
person such information as is necessary for the
application of subparagraph (A),
then, for purposes of applying this section for any
calendar quarter ending after such disposition, the
amount of wages or compensation deemed paid by the
employer during periods before such disposition shall
be reduced by so much of such wages as is attributable
to such trade or business or separate unit.
(7) Employers not on quarterly system.--The Secretary of
the Treasury shall prescribe rules for the application of this
section in the case of an eligible employer whose required
income tax deposits are not made on a quarterly basis. | Jobs Momentum Act of 2010 - Allows a reduction in 2010 and 2011 of an employer's payroll taxes by a specified percentage of the amount by which such employer increases aggregate payroll over the preceding calendar year. | {"src": "billsum_train", "title": "To reduce the employer portion of payroll taxes in the case of employers who expand payroll in 2010 and 2011."} | 1,017 | 47 | 0.601477 | 1.308096 | 0.875452 | 2.205128 | 23.897436 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community and Rural Medical
Residency Preservation Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Medicare program has a long history of supporting
residency training in ambulatory sites. These sites include
physician offices, nursing homes, and community health centers,
all of which are cornerstones of ambulatory training for
graduate medical education programs. Such sites provide an
important educational experience due to the broad range of
patients treated.
(2) Training in ambulatory settings is critical to
residents' medical education, ensuring they will be exposed to
practice settings similar to those in which they may ultimately
practice. It is particularly important for residency programs
in primary care specialties.
(3) Beginning in 1987, hospitals were allowed to count the
time resident physicians spent in non-hospital settings for the
purpose of direct graduate medical education (DGME) payments,
subject to agreements between the hospital and the non-hospital
site where training occurred. To qualify, the hospital was
required to incur ``all or substantially all'' of the costs
associated with the resident. In 1989, the Health Care
Financing Administration (HCFA) defined ``all or substantially
all'' of costs as the resident salaries and benefits.
(4) Through the Balanced Budget Act of 1997, Congress
further reinforced its commitment to ambulatory training by
altering the financial formula to include payments for indirect
medical education (IME) costs. This requirement was met if the
hospital paid the residents' stipends and benefits. Effective
January 1, 1999, the Center for Medicare & Medicaid Services
(CMS), on its own authority, changed its regulatory definition
of ``all or substantially all'' to require hospitals to also
incur ``the portion of the cost of teaching physicians'
salaries and fringe benefits attributable to direct graduate
medical education''.
(5) Despite the fact that CMS recognized the use of
volunteer supervisory physicians in the preambles of two
regulations and a program memorandum, CMS intermediaries have
begun denying, retroactively through audits, the time residents
spend in non-hospital settings in situations where faculty are
volunteering their services. This has the effect of
significantly reducing the IME and DGME payments a hospital or
teaching program receives for residents training in non-
hospital settings.
SEC. 3. CLARIFICATION OF CONGRESSIONAL INTENT REGARDING THE COUNTING OF
RESIDENTS IN A NONHOSPITAL SETTING.
(a) Direct Graduate Medical Education (DGME) Payments.--
(1) In general.--Section 1886(h)(4)(E) of the Social
Security Act (42 U.S.C. 1395ww(h)(4)(E)) is amended by adding
at the end the following new sentences: ``For purposes of the
preceding sentence, the term `all, or substantially all, of the
costs for the training program' means the stipends and benefits
provided to the resident and other amounts, if any, as
determined by the hospital and the entity operating the
nonhospital setting. The hospital is not required to pay the
entity any amounts other than those determined by the hospital
and the entity in order for the hospital to be considered to
have incurred all, or substantially all, of the costs for the
training program in that setting.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to portions of cost reporting periods occurring
after the date of the enactment of this Act.
(b) Indirect Medical Education (IME) Payments.--
(1) In general.--Section 1886(d)(5)(B)(iv) of such Act (42
U.S.C. 1395ww(d)(5)(B)(iv)) is amended by adding at the end the
following new sentences: ``For purposes of the preceding
sentence, the term `all, or substantially all, of the costs for
the training program' means the stipends and benefits provided
to the resident and other amounts, if any, as determined by the
hospital and the entity operating the nonhospital setting. The
hospital is not required to pay the entity any amounts other
than those determined by the hospital and the entity in order
for the hospital to be considered to have incurred all, or
substantially all, of the costs for the training program in
that setting.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to discharges occurring after the date of the
enactment of this Act. | Community and Rural Medical Residency Preservation Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act with respect to the counting of time spent in outpatient settings by full-time-equivalent residents in approved medical residency training programs, for purposes of direct graduate medical education payments and indirect medical education payments. Defines all, or substantially all, of the costs for the training program in that nonhospital setting as the residents' stipends and benefits and other amounts, if any, as determined by the hospital and the entity (wholly owned or operated by the hospital) operating the nonhospital setting. Declares that the hospital is not required to pay the entity any amounts other than those determined by the hospital and the entity in order for the hospital to be considered to have incurred all, or substantially all, of the costs for ther training program in that setting. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to clarify Congressional intent regarding the counting of residents in a nonhospital setting under the Medicare Program."} | 984 | 192 | 0.497769 | 1.661941 | 0.862994 | 5.854545 | 5.375758 | 0.921212 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smarter Approach to Nuclear
Expenditures Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Berlin Wall fell in 1989, the Soviet Union no
longer exists, and the Cold War is over. The nature of threats
to the national security and military interests of the United
States has changed. However, the United States continues to
maintain an enormous arsenal of nuclear weapons and delivery
systems that were devised with the Cold War in mind.
(2) The current nuclear arsenal of the United States
includes approximately 5,000 total nuclear warheads, of which
approximately 2,000 are deployed with three delivery
components: long-range strategic bomber aircraft, land-based
intercontinental ballistic missiles, and submarine-launched
ballistic missiles. The bomber fleet of the United States
comprises 93 B-52 and 20 B-2 aircraft. The United States
maintains 450 intercontinental ballistic missiles. The United
States also maintains 14 Ohio-class submarines, up to 12 of
which are deployed at sea. Each of those submarines is armed
with up to 96 independently targetable nuclear warheads.
(3) This Cold War-based approach to nuclear security comes
at significant cost. Over the next 10 years, the United States
will spend hundreds of billions of dollars maintaining its
nuclear force. A substantial decrease in spending on the
nuclear arsenal of the United States is prudent for both the
budget and national security.
(4) The national security interests of the United States
can be well served by reducing the total number of deployed
nuclear warheads and their delivery systems, as stated by the
Department of Defense's June 2013 nuclear policy guidance
entitled, ``Report on Nuclear Employment Strategy of the United
States''. This guidance found that force levels under the
Treaty on Measures for the Further Reduction and Limitation of
Strategic Offensive Arms, signed on April 8, 2010, and entered
into force on February 5, 2011, between the United States and
the Russian Federation (commonly known as the ``New START
Treaty'') ``are more than adequate for what the United States
needs to fulfill its national security objectives'' and that
the force can be reduced by up to \1/3\ below levels under the
New START Treaty to 1,000 to 1,100 warheads.
(5) Even without additional reductions in deployed
strategic warheads, the United States can save tens of billions
of dollars by deploying those warheads more efficiently on
delivery systems and by deferring production of new delivery
systems until they are needed.
(6) Economic security and national security are linked and
both will be well served by smart defense spending. Admiral
Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on
June 24, 2010, ``Our national debt is our biggest national
security threat'' and on August 2, 2011, stated, ``I haven't
changed my view that the continually increasing debt is the
biggest threat we have to our national security.''.
(7) The Government Accountability Office has found that
there is significant waste in the construction of the nuclear
facilities of the National Nuclear Security Administration of
the Department of Energy.
SEC. 3. REDUCTION IN NUCLEAR FORCES.
(a) Prohibition on New Long-Range Penetrating Bomber Aircraft.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for any of
fiscal years 2015 through 2024 for the Department of Defense may be
obligated or expended for the research, development, test, and
evaluation or procurement of a long-range penetrating bomber aircraft.
(b) Prohibition on F-35 Nuclear Mission.--Notwithstanding any other
provision of law, none of the funds authorized to be appropriated or
otherwise made available for fiscal year 2015 or any fiscal year
thereafter for the Department of Defense or the Department of Energy
may be used to make the F-35 Joint Strike Fighter aircraft capable of
carrying nuclear weapons.
(c) Reduction in the B61 Life Extension Program.--Notwithstanding
any other provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2015 or any
fiscal year thereafter for the Department of Defense or the Department
of Energy may be obligated or expended for the B61 life extension
program until the Secretary of Defense and the Secretary of Energy
jointly certify to Congress that the total cost of the B61 life
extension program has been reduced to not more than $4,000,000,000.
(d) Termination of W78 Life Extension Program.--Notwithstanding any
other provision of law, none of the funds authorized to be appropriated
or otherwise made available for fiscal year 2015 or any fiscal year
thereafter for the Department of Defense or the Department of Energy
may be obligated or expended for the W78 life extension program.
(e) Reduction of Nuclear-Armed Submarines.--Notwithstanding any
other provision of law, beginning in fiscal year 2021, the forces of
the Navy shall include not more than eight ballistic-missile submarines
available for deployment.
(f) Limitation on SSBN-X Submarines.--Notwithstanding any other
provision of law--
(1) none of the funds authorized to be appropriated or
otherwise made available for any of fiscal years 2015 through
2024 for the Department of Defense may be obligated or expended
for the procurement of an SSBN-X submarine; and
(2) none of the funds authorized to be appropriated or
otherwise made available for fiscal year 2025 or any fiscal
year thereafter for the Department of Defense may be obligated
or expended for the procurement of more than eight such
submarines.
(g) Prohibition on New Intercontinental Ballistic Missile.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for any of
fiscal years 2015 through 2024 for the Department of Defense may be
obligated or expended for the research, development, test, and
evaluation or procurement of a new intercontinental ballistic missile.
(h) Termination of Mixed Oxide Fuel Fabrication Facility Project.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for fiscal
year 2015 or any fiscal year thereafter for the Department of Defense
or the Department of Energy may be obligated or expended for the Mixed
Oxide Fuel Fabrication Facility project.
(i) Termination of Uranium Processing Facility.--Notwithstanding
any other provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2015 or any
fiscal year thereafter for the Department of Defense or the Department
of Energy may be obligated or expended for the Uranium Processing
Facility located at the Y-12 National Security Complex, Oak Ridge,
Tennessee.
(j) Prohibition on New Air Launched Cruise Missile.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for fiscal
year 2015 or any fiscal year thereafter for the Department of Defense
or the Department of Energy may be obligated or expended for the
research, development, test, and evaluation or procurement of a new
air-launched cruise missile or for the W80 warhead life extension
program.
SEC. 4. REPORTS REQUIRED.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Energy shall jointly submit to the appropriate committees of Congress a
report outlining the plan of each Secretary to carry out section 3.
(b) Annual Report.--Not later than March 1, 2016, and annually
thereafter, the Secretary of Defense and the Secretary of Energy shall
jointly submit to the appropriate committees of Congress a report
outlining the plan of each Secretary to carry out section 3, including
any updates to previously submitted reports.
(c) Annual Nuclear Weapons Accounting.--Not later than September
30, 2016, and annually thereafter, the President shall transmit to the
appropriate committees of Congress a report containing a comprehensive
accounting by the Director of the Office of Management and Budget of
the amounts obligated and expended by the Federal Government for each
nuclear weapon and related nuclear program during--
(1) the fiscal year covered by the report; and
(2) the life cycle of such weapon or program.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, the Committee
on Energy and Commerce, and the Committee on Natural Resources
of the House of Representatives. | Smarter Approach to Nuclear Expenditures Act Prohibits the obligation or expenditure of funds authorized to be appropriated to the Department of Defense (DOD) for FY2015-FY2024: (1) for the research, development, test, and evaluation (RDT&E) or procurement of a long-range penetrating bomber aircraft; (2) to procure an SSBN-X submarine (and prohibits the use of such funds for FY2025 and thereafter to procure more than eight such submarines); or (3) for the RDT&E or procurement of a new intercontinental ballistic missile (ICBM). Prohibits the obligation or expenditure of funds authorized to be appropriated for FY2015 or thereafter for DOD or the Department of Energy: (1) to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons; (2) until the Secretary of Defense and the Secretary of Energy jointly certify that the total cost of the B61 life extension program has been reduced to not more than $4 billion; (3) for the W78 life extension program; (4) for the mixed oxide fuel fabrication facility project; (5) for the uranium processing facility at the Y-12 National Security Complex, Oak Ridge, Tennessee; or (6) for RDT&E of a new air-launched cruise missile or for the W80 warhead life extension program. Prohibits Navy forces, beginning in FY2021, from including more than eight operational ballistic-missile submarines available for deployment. Requires initial and annual reports from the Secretaries of Defense and Energy outlining their respective plans to carry out the requirements of this Act. Directs the President to submit to Congress an annual report containing a comprehensive accounting by the Office of Management and Budget of the amounts obligated or expended by the federal government for each nuclear weapon and related nuclear program during the fiscal year covered by the report for the life cycle of such weapon or program. | {"src": "billsum_train", "title": "Smarter Approach to Nuclear Expenditures Act"} | 1,897 | 422 | 0.437473 | 1.495225 | 0.681912 | 4.59375 | 4.982955 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Sexual Abuse by School
Personnel Act of 2015''.
SEC. 2. CRIMINAL BACKGROUND CHECKS FOR SCHOOL EMPLOYEES.
(a) In General.--Subpart 2 of part E of title IX of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended
by adding at the end the following:
``SEC. 9537. CRIMINAL BACKGROUND CHECKS FOR SCHOOL EMPLOYEES.
``(a) Criminal Background Check Requirements.--
``(1) In general.--Each State educational agency and local
educational agency that receives funds under this Act shall
have in effect policies and procedures that require a criminal
background check for each school employee in each covered
school served by such State educational agency and local
educational agency.
``(2) Requirements.--A background check required under
paragraph (1) shall be conducted and administered by--
``(A) the State;
``(B) the State educational agency; or
``(C) the local educational agency.
``(b) State and Local Uses of Funds.--A State, State educational
agency, or local educational agency that receives funds under this Act
may use such funds to establish, implement, or improve policies and
procedures on background checks for school employees required under
subsection (a) to--
``(1) expand the registries or repositories searched when
conducting background checks, such as--
``(A) the State criminal registry or repository of
the State in which the school employee resides;
``(B) the State-based child abuse and neglect
registries and databases of the State in which the
school employee resides;
``(C) the Federal Bureau of Investigation
fingerprint check using the Integrated Automated
Fingerprint Identification System; and
``(D) the National Sex Offender Registry
established under section 119 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16919);
``(2) provide school employees with training and
professional development on how to recognize, respond to, and
prevent child abuse;
``(3) develop, implement, or improve mechanisms to assist
covered local educational agencies and covered schools in
effectively recognizing and quickly responding to incidents of
child abuse by school employees;
``(4) develop and disseminate information on best practices
and Federal, State, and local resources available to assist
local educational agencies and schools in preventing and
responding to incidents of child abuse by school employees;
``(5) develop professional standards and codes of conduct
for the appropriate behavior of school employees;
``(6) establish, implement, or improve policies and
procedures for covered State educational agencies, covered
local educational agencies, or covered schools to provide the
results of background checks to--
``(A) individuals subject to the background checks
in a statement that indicates whether the individual is
ineligible for such employment due to the background
check and includes information related to each
disqualifying crime;
``(B) the employer in a statement that indicates
whether a school employee is eligible or ineligible for
employment, without revealing any disqualifying crime
or other related information regarding the individual;
``(C) another employer in the same State or another
State, as permitted under State law, without revealing
any disqualifying crime or other related information
regarding the individual; and
``(D) another local educational agency in the same
State or another State that is considering such school
employee for employment, as permitted under State law,
without revealing any disqualifying crime or other
related information regarding the individual;
``(7) establish, implement, or improve procedures that
include periodic background checks, which also allows for an
appeals process as described in paragraph (8), for school
employees in accordance with State policies or the policies of
covered local educational agencies served by the covered State
educational agency;
``(8) establish, implement, or improve a process by which a
school employee may appeal the results of a background check,
which process is completed in a timely manner, gives each
school employee notice of an opportunity to appeal, and
instructions on how to complete the appeals process;
``(9) establish, implement, or improve a review process
through which the covered State educational agency or covered
local educational agency may determine that a school employee
disqualified due to a crime is eligible for employment due to
mitigating circumstances as determined by a covered local
educational agency or a covered State educational agency;
``(10) establish, implement, or improve policies and
procedures intended to ensure a covered State educational
agency or covered local educational agency does not knowingly
transfer or facilitate the transfer of a school employee if the
agency knows that employee has engaged in sexual misconduct, as
defined by State law, with an elementary school or secondary
school student;
``(11) provide that policies and procedures are published
on the website of the covered State educational agency and the
website of each covered local educational agency served by the
covered State educational agency;
``(12) provide school employees with training regarding the
appropriate reporting of incidents of child abuse under section
106(b)(2)(B)(i) of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106a(b)(2)(B)(i)); and
``(13) support any other activities determined by the State
to protect student safety or improve the comprehensiveness,
coordination, and transparency of policies and procedures on
criminal background checks for school employees in the State.
``(c) No Private Right of Action.--Nothing in this section shall be
construed to create a private right of action if a State, covered State
educational agency, covered local educational agency, or covered school
is in compliance with State regulations and requirements concerning
background checks.
``(d) Background Check Fees.--Nothing in this section shall be
construed as prohibiting States or local educational agencies from
charging school employees for the costs of processing applications and
administering a background check as required by State law, provided
that the fees charged to school employees do not exceed the actual
costs to the State or local educational agency for the processing and
administration of the background check.
``(e) State and Local Plan Requirements.--Each plan submitted by a
State or local educational agency under title I shall include--
``(1) an assurance that the State and local educational
agency has in effect policies and procedures that meet the
requirements of this section; and
``(2) a description of laws, regulations, or policies and
procedures in effect in the State for conducting background
checks for school employees designed to--
``(A) terminate individuals in violation of State
background check requirements;
``(B) improve the reporting of violations of the
background check requirements in the State;
``(C) reduce the instance of school employee
transfers following a substantiated violation of the
State background check requirements by a school
employee;
``(D) provide for a timely process by which a
school employee may appeal the results of a criminal
background check;
``(E) provide each school employee, upon request,
with a copy of the results of the criminal background
check, including a description of the disqualifying
item or items, if applicable;
``(F) provide the results of the criminal
background check to the employer in a statement that
indicates whether a school employee is eligible or
ineligible for employment, without revealing any
disqualifying crime or other related information
regarding the individual; and
``(G) provide for the public availability of the
policies and procedures for conducting background
checks.
``(f) Technical Assistance to States, School Districts, and
Schools.--The Secretary, in collaboration with the Secretary of Health
and Human Services and the Attorney General, shall provide technical
assistance and support to States, local educational agencies, and
schools, which shall include, at a minimum--
``(1) developing and disseminating a comprehensive package
of materials for States, State educational agencies, local
educational agencies, and schools that outlines steps that can
be taken to prevent and respond to child sexual abuse by school
personnel;
``(2) determining the most cost-effective way to
disseminate Federal information so that relevant State
educational agencies and local educational agencies, child
welfare agencies, and criminal justice entities are aware of
such information and have access to it; and
``(3) identifying mechanisms to better track and analyze
the prevalence of child sexual abuse by school personnel
through existing Federal data collection systems, such as the
School Survey on Crime and Safety, the National Child Abuse and
Neglect Data System, and the National Crime Victimization
Survey.
``(g) Reporting Requirements.--
``(1) Reports to the secretary.--A covered State
educational agency or covered local educational agency that
uses funds pursuant to this section shall report annually to
the Secretary on--
``(A) the amount of funds used; and
``(B) the purpose for which the funds were used
under this section.
``(2) Secretary's report card.--Not later than July 1,
2017, and annually thereafter, the Secretary, acting through
the Director of the Institute of Education Sciences, shall
transmit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives a national report
card that includes--
``(A) actions taken pursuant to subsection (f),
including any best practices identified under such
subsection; and
``(B) incidents of reported child sexual abuse by
school personnel, as reported through existing Federal
data collection systems, such as the School Survey on
Crime and Safety, the National Child Abuse and Neglect
Data System, and the National Crime Victimization
Survey.
``(h) Rules of Construction Regarding Background Checks.--
``(1) No federal control.--Nothing in this section shall be
construed to authorize an officer or employee of the Federal
Government to--
``(A) mandate, direct, or control the background
check policies or procedures that a State or local
educational agency develops or implements under this
section;
``(B) establish any criterion that specifies,
defines, or prescribes the background check policies or
procedures that a State or local educational agency
develops or implements under this section; or
``(C) require a State or local educational agency
to submit such background check policies or procedures
for approval.
``(2) Prohibition on regulation.--Nothing in this section
shall be construed to permit the Secretary to establish any
criterion that--
``(A) prescribes, or specifies requirements
regarding, background checks for school employees;
``(B) defines the term `background checks', as such
term is used in this section; or
``(C) requires a State or local educational agency
to report additional data elements or information to
the Secretary not otherwise explicitly authorized under
this section or any other Federal law.
``(i) Definitions.--In this section--
``(1) the term `covered local educational agency' means a
local educational agency that receives funds under this Act;
``(2) the term `covered school' means a public elementary
school or public secondary school, including a public
elementary or secondary charter school, that receives funds
under this Act;
``(3) the term `covered State educational agency' means a
State educational agency that receives funds under this Act;
and
``(4) the term `school employee' includes, at a minimum--
``(A) an employee of, or a person seeking
employment with, a covered school, covered local
educational agency, or covered State educational agency
and who, as a result of such employment, has (or, in
the case of a person seeking employment, will have) a
job duty that includes unsupervised contact or
interaction with elementary school or secondary school
students; or
``(B) any person, or any employee of any person,
who has a contract or agreement to provide services
with a covered school, covered local educational
agency, or covered State educational agency, and such
person or employee, as a result of such contract or
agreement, has a job duty that includes unsupervised
contact or unsupervised interaction with elementary
school or secondary school students.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 9536 the following:
``Sec. 9537. Criminal background checks for school employees.''. | Stop Sexual Abuse by School Personnel Act of 2015 Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require each state and local educational agency (LEA) that receives funds under the ESEA to have policies and procedures in effect that require a criminal background check for each school employee in the LEA's public elementary and secondary schools. Requires the background check to be conducted and administered by the state or the LEA. Authorizes states or LEAs to use ESEA funds to establish, implement, or improve policies and procedures on background checks for school employees. Lists the policies and procedures to be implemented using that assistance, including training for school employees on how to recognize, respond to, and prevent child abuse. Requires state and LEA school improvement plans (required for receipt of school improvement funds under part A of title I of the ESEA) to describe the laws, regulations, or policies and procedures in effect in the state that: terminate individuals who fail to pass the criminal background check, improve the reporting of those failures, reduce the instances of a school employee being transferred following the employee's failure to pass the background check, provide a school employee with a requested copy of the employee's criminal background check and a timely process for appealing its results, provide the results of the criminal background check to the employer in a statement that indicates whether a school employee is eligible for employment, and make the background check policies and procedures publicly available. Directs the Secretary of Education, in collaboration with the Secretary of Health and Human Services and the Attorney General, to provide technical assistance and support to states, LEAs, and schools that shall include, at a minimum: a comprehensive package of materials that outlines the steps that can be taken to prevent and respond to child sexual abuse by school personnel; the most cost-effective way to disseminate federal information so states, LEAs, child welfare agencies, and criminal justice entities are aware of such information and have access to it; and mechanisms to better track and analyze the prevalence of child sexual abuse by school personnel through existing federal data collection systems. | {"src": "billsum_train", "title": "Stop Sexual Abuse by School Personnel Act of 2015"} | 2,731 | 451 | 0.644929 | 1.951115 | 0.827354 | 4.332512 | 6.502463 | 0.899015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Silver Alert Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Missing senior.--The term ``missing senior'' refers to
any individual who--
(A) is reported to, or identified by, a law
enforcement agency as a missing person; and
(B) meets the requirements to be designated as a
missing senior, as determined by the State in which the
individual is reported or identified as a missing
person.
(2) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 3. SILVER ALERT COMMUNICATIONS NETWORK.
(a) In General.--The Attorney General shall, subject to the
availability of appropriations, establish a national Silver Alert
communications network within the Department of Justice to provide
assistance to regional and local search efforts for missing seniors
through the initiation, facilitation, and promotion of local elements
of the network (known as Silver Alert plans) in coordination with
States, units of local government, law enforcement agencies, and other
concerned entities with expertise in providing services to seniors.
(b) Coordination With AMBER Alert Network.--In establishing the
Silver Alert Network under subsection (a), the Attorney General shall
ensure that, when feasible, the Silver Alert Network is able to operate
in coordination with the AMBER Alert communications network,
established under subtitle A of title III of the PROTECT Act (42 U.S.C.
5791 et seq.), to maximize the efficiency of both networks.
SEC. 4. SILVER ALERT COORDINATOR.
(a) National Coordinator Within Department of Justice.--The
Attorney General shall designate an individual of the Department of
Justice to act as the national coordinator of the Silver Alert
communications network. The individual so designated shall be known as
the Silver Alert Coordinator of the Department of Justice (referred to
in this Act as the ``Coordinator'').
(b) Duties of the Coordinator.--In acting as the national
coordinator of the Silver Alert communications network, the Coordinator
shall--
(1) work with States to encourage the development of
additional Silver Alert plans in the network;
(2) establish voluntary guidelines for States to use in
developing Silver Alert plans that will promote compatible and
integrated Silver Alert plans throughout the United States,
including--
(A) a list of the resources necessary to establish
a Silver Alert plan;
(B) criteria for evaluating whether a situation
warrants issuing a Silver Alert, taking into
consideration the need for the use of such Alerts to be
limited in scope because the effectiveness of the
Silver Alert communications network may be affected by
overuse, including criteria to determine--
(i) whether the mental capacity of a senior
who is missing, and the circumstances of his or
her disappearance, warrant the issuance of a
Silver Alert; and
(ii) whether the individual who reports
that a senior is missing is an appropriate and
credible source on which to base the issuance
of a Silver Alert;
(C) a description of the appropriate uses of the
Silver Alert name to readily identify the nature of
search efforts for missing seniors; and
(D) recommendations on how to protect the privacy,
dignity, independence, and autonomy of any missing
senior who may be the subject of a Silver Alert;
(3) develop proposed protocols for efforts to recover
missing seniors and to reduce the number of seniors who are
reported missing, including protocols for procedures that are
needed from the time of initial notification of a law
enforcement agency that the senior is missing through the time
of the return of the senior to family, guardian, or domicile,
as appropriate, including--
(A) public safety communications protocol;
(B) case management protocol;
(C) command center operations;
(D) reunification protocol; and
(E) incident review, evaluation, debriefing, and
public information procedures;
(4) work with States to ensure appropriate regional
coordination of various elements of the network;
(5) establish an advisory group to assist States, units of
local government, law enforcement agencies, and other entities
involved in the Silver Alert communications network with
initiating, facilitating, and promoting Silver Alert plans,
which shall include--
(A) to the maximum extent practicable,
representation from the various geographic regions of
the United States; and
(B) members who are--
(i) representatives of senior citizen
advocacy groups, law enforcement agencies, and
public safety communications;
(ii) broadcasters, first responders,
dispatchers, and radio station personnel; and
(iii) representatives of any other
individuals or organizations that the
Coordinator determines are necessary to the
success of the Silver Alert communications
network; and
(6) act as the nationwide point of contact for--
(A) the development of the network; and
(B) regional coordination of alerts for missing
seniors through the network.
(c) Coordination.--
(1) Coordination with other agencies.--The Coordinator
shall coordinate and consult with the Secretary of
Transportation, the Federal Communications Commission, the
Assistant Secretary for Aging of the Department of Health and
Human Services, the head of the Missing Alzheimer's Disease
Patient Alert Program, and other appropriate offices of the
Department of Justice in carrying out activities under this
Act.
(2) State and local coordination.--The Coordinator shall
consult with local broadcasters and State and local law
enforcement agencies in establishing minimum standards under
section 5 and in carrying out other activities under this Act,
as appropriate.
(d) Annual Reports.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the Coordinator shall
submit to Congress a report on the activities of the Coordinator and
the effectiveness and status of the Silver Alert plans of each State
that has established or is in the process of establishing such a plan.
Each such report shall include--
(1) a list of States that have established Silver Alert
plans;
(2) a list of States that are in the process of
establishing Silver Alert plans;
(3) for each State that has established such a plan, to the
extent the data is available--
(A) the number of Silver Alerts issued;
(B) the number of individuals located successfully;
(C) the average period of time between the issuance
of a Silver Alert and the location of the individual
for whom such Alert was issued;
(D) the State agency or authority issuing Silver
Alerts, and the process by which Silver Alerts are
disseminated;
(E) the cost of establishing and operating such a
plan;
(F) the criteria used by the State to determine
whether to issue a Silver Alert; and
(G) the extent to which missing individuals for
whom Silver Alerts were issued crossed State lines;
(4) actions States have taken to protect the privacy and
dignity of the individuals for whom Silver Alerts are issued;
(5) ways that States have facilitated and improved
communication about missing individuals between families,
caregivers, law enforcement officials, and other authorities;
and
(6) any other information the Coordinator determines to be
appropriate.
SEC. 5. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS
THROUGH SILVER ALERT COMMUNICATIONS NETWORK.
(a) Establishment of Minimum Standards.--Subject to subsection (b),
the Coordinator shall establish minimum standards for--
(1) the issuance of alerts through the Silver Alert
communications network; and
(2) the extent of the dissemination of alerts issued
through the network.
(b) Limitations.--
(1) Voluntary participation.--The minimum standards
established under subsection (a) of this section, and any other
guidelines and programs established under section 4, shall be
adoptable on a voluntary basis only.
(2) Dissemination of information.--The minimum standards
shall, to the maximum extent practicable (as determined by the
Coordinator in consultation with State and local law
enforcement agencies), provide that appropriate information
relating to the special needs of a missing senior (including
health care needs) are disseminated to the appropriate law
enforcement, public health, and other public officials.
(3) Geographic areas.--The minimum standards shall, to the
maximum extent practicable (as determined by the Coordinator in
consultation with State and local law enforcement agencies),
provide that the dissemination of an alert through the Silver
Alert communications network be limited to the geographic areas
which the missing senior could reasonably reach, considering
the missing senior's circumstances and physical and mental
condition, the modes of transportation available to the missing
senior, and the circumstances of the disappearance.
(4) Age requirements.--The minimum standards shall not
include any specific age requirement for an individual to be
classified as a missing senior for purposes of the Silver Alert
communication network. Age requirements for determinations of
whether an individual is a missing senior shall be determined
by each State, and may vary from State to State.
(5) Privacy and civil liberties protections.--The minimum
standards shall--
(A) ensure that alerts issued through the Silver
Alert communications network comply with all applicable
Federal, State, and local privacy laws and regulations;
and
(B) include standards that specifically provide for
the protection of the civil liberties and sensitive
medical information of missing seniors.
(6) State and local voluntary coordination.--In carrying
out the activities under subsection (a), the Coordinator may
not interfere with the current system of voluntary coordination
between local broadcasters and State and local law enforcement
agencies for purposes of the Silver Alert communications
network.
SEC. 6. TRAINING AND OTHER RESOURCES.
(a) Training and Educational Programs.--The Coordinator shall make
available to States, units of local government, law enforcement
agencies, and other concerned entities that are involved in initiating,
facilitating, or promoting Silver Alert plans, including broadcasters,
first responders, dispatchers, public safety communications personnel,
and radio station personnel--
(1) training and educational programs related to the Silver
Alert communication network and the capabilities, limitations,
and anticipated behaviors of missing seniors, which shall be
updated regularly to encourage the use of new tools,
technologies, and resources in Silver Alert plans; and
(2) informational materials, including brochures, videos,
posters, and web sites to support and supplement such training
and educational programs.
(b) Coordination.--The Coordinator shall coordinate--
(1) with the Assistant Secretary for Aging of the
Department of Health and Human Services in developing the
training and educational programs and materials under
subsection (a); and
(2) with the head of the Missing Alzheimer's Disease
Patient Alert Program within the Department of Justice, to
determine if any existing material with respect to training
programs or educational materials developed or used as part of
such Patient Alert Program are appropriate and may be used for
the programs under subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR THE SILVER ALERT
COMMUNICATIONS NETWORK.
There are authorized to be appropriated to the Department of
Justice $500,000 to carry out the Silver Alert communications network
as authorized under this Act. | National Silver Alert Act of 2011 - Directs the Attorney General to: (1) establish a national Silver Alert communications network within the Department of Justice (DOJ) to assist regional and local search efforts for missing seniors; (2) ensure that, when feasible, the network is able to operate in coordination with the AMBER Alert communications network; and (3) designate an individual of DOJ to serve as the Silver Alert Coordinator to coordinate the network with states. Defines "missing senior" as any individual who is reported as missing to or by a law enforcement agency and who meets state requirements for designation as a missing senior.
Directs the Coordinator to: (1) establish minimum standards for the issuance and dissemination of alerts issued through the network; and (2) make available to states, local governments, law enforcement agencies, and other concerned entities network training and information. | {"src": "billsum_train", "title": "A bill to encourage, enhance, and integrate Silver Alert plans throughout the United States and for other purposes."} | 2,373 | 176 | 0.745891 | 2.112428 | 0.805448 | 3.617647 | 13.617647 | 0.935294 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forced and Indentured Child Labor
Prevention Act''.
SEC. 2. PROHIBITION OF ACQUISITION OF PRODUCTS PRODUCED BY FORCED OR
INDENTURED CHILD LABOR.
(a) Prohibition.--The head of an executive agency (as defined in
section 105 of title 5, United States Code) may not acquire an item
that appears on a list published under subsection (b) unless the source
of the item certifies to the head of the executive agency that forced
or indentured child labor was not used to mine, produce, or manufacture
the item.
(b) Publication of List of Prohibited Items.--
(1) In general.--The Secretary of Labor, in consultation
with the Secretary of the Treasury and the Secretary of State,
shall publish in the Federal Register every other year a list
of items that such officials have identified that might have
been mined, produced, or manufactured by forced or indentured
child labor.
(2) Date of publication.--The first list shall be published
under paragraph (1) not later than 120 days after the date of
the enactment of this Act.
(c) Required Contract Clauses.--
(1) In general.--The head of an executive agency shall
include in each solicitation of offers for a contract for the
procurement of an item included on a list published under
subsection (b) the following clauses:
(A) A clause that requires the contractor to
certify to the contracting officer that the contractor
or, in the case of an incorporated contractor, a
responsible official of the contractor has made a good
faith effort to determine whether forced or indentured
child labor was used to mine, produce, or manufacture
any item furnished under the contract and that, on the
basis of those efforts, the contractor is unaware of
any such use of child labor.
(B) A clause that obligates the contractor to
cooperate fully to provide access for the head of the
executive agency or the inspector general of the
executive agency to the contractor's records,
documents, persons, or premises if requested by the
official for the purpose of determining whether forced
or indentured child labor was used to mine, produce, or
manufacture any item furnished under the contract.
(2) Application of subsection.--This subsection shall apply
with respect to acquisitions for a total amount in excess of
the micro-purchase threshold (as defined in section 32(f) of
the Office of Federal Procurement Policy Act (41 U.S.C.
428(f)), including acquisitions of commercial items for such an
amount notwithstanding section 34 of the Office of Federal
Procurement Act (41 U.S.C. 430).
(d) Investigations.--Whenever a contracting officer of an executive
agency has reason to believe that a contractor has submitted a false
certification under subsection (a) or (c)(1)(A) or has failed to
provide cooperation in accordance with the obligation imposed pursuant
to subsection (c)(1)(B), the head of the executive agency shall refer
the matter, for investigation, to the Inspector General of the
executive agency and, as the head of the executive agency determines
appropriate, to the Attorney General and the Secretary of the Treasury.
(e) Remedies.--
(1) In general.--The head of an executive agency may impose
remedies as provided in this subsection in the case of a
contractor under a contract of the executive agency if the head
of the executive agency finds that the contractor--
(A) has furnished under the contract items that
have been mined, produced, or manufactured by forced or
indentured child labor or uses forced or indentured
child labor in mining, production, or manufacturing
operations of the contractor;
(B) has submitted a false certification under
subparagraph (A) of subsection (c)(1); or
(C) has failed to provide cooperation in accordance
with the obligation imposed pursuant to subparagraph
(B) of such subsection.
(2) Termination of contracts.--The head of the executive
agency, in the sole discretion of the head of the executive
agency, may terminate a contract on the basis of any finding
described in paragraph (1).
(3) Debarment or suspension.--The head of an executive
agency may debar or suspend a contractor from eligibility for
Federal contracts on the basis of a finding that the contractor
has engaged in an act described in paragraph (1)(A). The period
of the debarment or suspension may not exceed 3 years.
(4) Inclusion on list.--The Administrator of General
Services shall include on the List of Parties Excluded from
Federal Procurement and Nonprocurement Programs (maintained by
the Administrator as described in the Federal Acquisition
Regulation) each person that is debarred, suspended, proposed
for debarment or suspension, or declared ineligible by the head
of an executive agency or the Comptroller General on the basis
that the person uses forced or indentured child labor to mine,
produce, or manufacture any item.
(5) Other remedies.--This subsection shall not be construed
to limit the use of other remedies available to the head of an
executive agency or any other official of the Federal
Government on the basis of a finding described in paragraph
(1).
(f) Report.--Each year, the Administrator of General Services, with
the assistance of the heads of other executive agencies, shall review
the actions taken under this section and submit to Congress a report on
those actions.
(g) Implementation in the Federal Acquisition Regulation.--
(1) In general.--The Federal Acquisition Regulation shall
be revised within 180 days after the date of enactment of this
Act--
(A) to provide for the implementation of this
section; and
(B) to include the use of forced or indentured
child labor in mining, production, or manufacturing as
a cause on the lists of causes for debarment and
suspension from contracting with executive agencies
that are set forth in the regulation.
(2) Publication.--The revisions of the Federal Acquisition
Regulation shall be published in the Federal Register promptly
after the final revisions are issued.
(h) Exception.--
(1) In general.--This section shall not apply to a contract
that is for the procurement of any product, or any article,
material, or supply contained in a product, that is mined,
produced, or manufactured in any foreign country or
instrumentality, if--
(A) the foreign country or instrumentality is--
(i) a party to the Agreement on Government
Procurement annexed to the WTO Agreement; or
(ii) a party to the North American Free
Trade Agreement; and
(B) the contract is of a value that is equal to or
greater than the United States threshold specified in
the Agreement on Government Procurement annexed to the
WTO Agreement or the North American Free Trade
Agreement, whichever is applicable.
(2) WTO agreement.--For purposes of this subsection, the
term ``WTO Agreement'' means the Agreement Establishing the
World Trade Organization, entered into on April 15, 1994.
(i) Applicability.--
(1) In general.--Except as provided in subsection (c)(2),
the requirements of this section apply on and after the date
determined under paragraph (2) to any solicitation that is
issued, any unsolicited proposal that is received, and any
contract that is entered into by an executive agency pursuant
to such a solicitation or proposal on or after such date.
(2) Date.--The date referred to in paragraph (1) is the
date that is 30 days after the date of the publication of the
revisions of the Federal Acquisition Regulation under
subsection (g)(2). | Forced and Indentured Child Labor Prevention Act - Prohibits Federal agencies from acquiring items that appear on a published list of prohibited items unless the item source certifies that forced or indentured child labor was not used to mine, produce, or manufacture the item.
Directs the Secretary of Labor to publish biennially such a list of items the Secretaries of Labor, State, and Treasury have identified that might have been mined, produced, or manufactured by forced or indentured child labor.
Sets forth related requirements with respect to contract clauses, investigations, and remedies, including contract termination or contractor debarment or suspension.
Directs the General Services Administrator to review actions taken under this Act and report to the Congress.
Makes this Act inapplicable to procurement contracts for any product, or any article, material, or supply contained in a product, that is mined, produced, or manufactured in any foreign country or instrumentality that is a party to the Agreement on Government Procurement annexed to the World Trade Organization Agreement, or a party to the North American Free Trade Agreement, if the contract is of a value that is equal to or greater than the U.S. threshold specified in the applicable Agreement. | {"src": "billsum_train", "title": "Forced and Indentured Child Labor Prevention Act"} | 1,679 | 269 | 0.628992 | 1.898007 | 0.802385 | 4.941964 | 6.825893 | 0.941964 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Faith and Credit for Child
Support Orders Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there is a large and growing number of child support
cases annually involving disputes between parents who reside in
different States;
(2) the laws by which the courts of these jurisdictions
determine their authority to establish child support orders are
not uniform;
(3) those laws, along with the limits imposed by the
Federal system on the authority of each State to take certain
actions outside its own boundaries--
(A) encourage noncustodial parents to relocate
outside the States where their children and the
custodial parents reside to avoid the jurisdiction of
the courts of such States, resulting in an increase in
the amount of interstate travel and communication
required to establish and collect on child support
orders and a burden on custodial parents that is
expensive, time consuming, and disruptive of
occupations and commercial activity;
(B) contribute to the pressing problem of
relatively low levels of child support payments in
interstate cases and to inequities in child support
payments levels which are based solely on the
noncustodial parent's choice of residence;
(C) encourage a disregard of court orders resulting
in massive arrearages nationwide;
(D) allow noncustodial parents to avoid the payment
of regularly scheduled child support payments for
extensive periods of time, resulting in substantial
hardship for the children for whom support is due and
for their custodians; and
(E) lead to the excessive relitigation of cases and
to the establishment of conflicting orders by the
courts of various jurisdictions, resulting in
confusion, waste of judicial resources, disrespect for
the courts, and a diminution of public confidence in
the rule of law; and
(4) among the results of these conditions is the failure of
the courts of the States to give full faith and credit to the
judicial proceedings of the other States, the deprivation of
rights of liberty and property without due process of law,
burdens on commerce among the States, and harm to the welfare
of children and their parents and other custodians.
(b) Statement of Policy.--For the reasons set forth in subsection
(a), it is necessary to establish national standards under which the
courts of different States will determine their jurisdiction to issue a
child support order and the effect to be given by each State to child
support orders issued by the courts of other States.
(c) Purposes.--The purposes of this Act are to--
(1) facilitate the enforcement of child support orders
among the States;
(2) discourage continuing interstate controversies over
child support in the interest of greater financial stability
and secure family relationships for the child; and
(3) avoid jurisdictional competition and conflict among
State courts in the establishment of child support orders.
SEC. 3. FULL FAITH AND CREDIT GIVEN TO CHILD SUPPORT ORDERS.
(a) In General.--Chapter 115 of title 28, United States Code, is
amended by inserting after section 1738A the following new section:
``Sec. 1738B. Full faith and credit given to child support orders
``(a) General Rule.--The appropriate authorities of each State
shall enforce according to its terms, and shall not modify except as
provided in subsection (e), any child support order made consistently
with the provisions of this section by a court of another State.
``(b) Definitions.--As used in this section, the term--
``(1) `child' means any person under 18 years of age, and
includes an individual 18 or more years of age for whom a child
support order has been issued pursuant to the laws of a State;
``(2) `child's State' means the State in which a child
currently resides;
``(3) `child support order' means a judgment, decree, or
order of a court requiring the payment of money, or the
provision of a benefit, including health insurance, whether in
periodic amounts or lump sum, for the support of a child and
includes permanent and temporary orders, initial orders and
modifications, ongoing support, reimbursements, and arrearages;
``(4) `child support' means a payment of money or provision
of a benefit described in paragraph (3) for the support of a
child;
``(5) `contestant' means a person, including a parent, who
claims a right to receive child support or is under a child
support order, and the term `contestant' includes States and
political subdivisions to whom the right to obtain child
support has been assigned;
``(6) `court' means a court or administrative agency of a
State which is authorized by State law to establish the amount
of child support payable by a contestant or modify the amount
of child support payable by a contestant;
``(7) `modification' and `modify' refer to a change in a
child support order which affects the amount, scope, or
duration of such order and modifies, replaces, supersedes, or
otherwise is made subsequent to such child support order,
whether or not made by the same court as such child support
order; and
``(8) `State' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
territories and possessions of the United States, and Indian
country as defined in section 1151 of title 18.
``(c) Requirements of Child Support Orders.--A child support order
made by a court of a State is consistent with the provisions of this
section only if--
``(1) such court, pursuant to the laws of the State in
which such court is located, had jurisdiction to hear the
matter and enter such an order and had personal jurisdiction
over the contestants; and
``(2) reasonable notice and opportunity to be heard was
given to the contestants.
``(d) Continuing Jurisdiction.--A court of a State which has made a
child support order consistently with the provisions of this section
has continuing, exclusive jurisdiction of that order when such State is
the child's State or the residence of any individual who is a
contestant unless another State, acting in accordance with subsection
(e), has modified that order.
``(e) Authority To Modify Orders.--A court of a State may modify a
child support order with respect to a child that is made by a court of
another State, if--
``(1) it has jurisdiction to make such a child support
order; and
``(2) the court of the other State no longer has
continuing, exclusive jurisdiction of the child support order
because such State no longer is the child's State or the
residence of any individual who is a contestant, or each
contestant has filed written consent for the State to modify
the order and assume continuing, exclusive jurisdiction of such
order.
``(f) Enforcement of Prior Orders.--A court of a State which no
longer has continuing, exclusive jurisdiction of a child support order
may enforce such order with respect to nonmodifiable obligations, and
with respect to unsatisfied obligations which accrued before the date
on which a modification of such order is made under subsection (e).''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 115 of title 28, United States Code, is amended by inserting
after the item relating to section 1738A the following:
``1738B. Full faith and credit given to child support orders.''.
SEC. 4. DEFINITION.
As used in section 2, the term ``State'' has the meaning given that
term in section 1738B(b) of title 28, United States Code, as added by
section 3 of this Act.
Passed the House of Representatives August 2, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Full Faith and Credit for Child Support Orders Act - Amends the Federal judicial code to declare that State authorities shall enforce any child support order according to its terms and shall not modify it, except in certain circumstances, if such order is made consistent with this Act by another State court.
Confers continuing, exclusive jurisdiction upon the court of a State which has made such child support order and which is either the child's State or the State of one of the contestants.
Authorizes a State court to modify a child support order made by the court of another State if: (1) it has jurisdiction to make such an order; and (2) the court of the other State no longer has continuing, exclusive jurisdiction because it is no longer the child's State or the residence of any contestant or each contestant has filed written consent for the State to modify the order and assume continuing, exclusive jurisdiction of such order.
Grants the court of a State which no longer has continuing, exclusive jurisdiction of a child support order authority to enforce it with respect to non-modifiable obligations and unsatisfied obligations which accrued before the date on which a modification was made by another State in accordance with this Act. | {"src": "billsum_train", "title": "Full Faith and Credit for Child Support Orders Act"} | 1,747 | 259 | 0.499721 | 1.570233 | 0.758865 | 4.587234 | 6.965957 | 0.92766 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Civil Rights Center
and Museum Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) on February 1, 1960, 4 African-American students of
North Carolina Agricultural and Technical State University sat
at a white-only lunch counter inside a Greensboro, North
Carolina, F.W. Woolworth's store;
(2) the Greensboro sit-in catalyzed a wave of nonviolent
protest against private-sector segregation in the United States
that became a hallmark of the American civil rights movement;
(3) by August of 1961, more than 70,000 people had
participated in sit-ins and sit-down demonstrations in more
than 60 cities throughout the Southeast;
(4) the International Civil Rights Center and Museum is
located at the site of the F.W. Woolworth's store where the
sit-in movement began;
(5) the International Civil Rights Center and Museum will
serve as an archival center and teaching facility exploring the
international struggle for civil and human rights, preserving
the legacy of the movement for the Nation and future
generations; and
(6) the International Civil Rights Center and Museum will
officially open on February 1, 2010, commemorating the 50th
anniversary of the beginning of the sit-in movement.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall mint and issue not more than
1,000 $1 coins in commemoration of the opening of the International
Civil Rights Center and Museum, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the International Civil Rights
Center and Museum.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2010''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design of the coins minted under this Act shall
be--
(1) selected by the Secretary, after consultation with the
International Civil Rights Center and Museum and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint
by be used to strike any particular quality of the coins minted
under this Act.
(2) Use of the united states mint at west point, new
york.--It is the sense of Congress that the coins minted under
this Act should be struck at the United States Mint at West
Point, New York, to the greatest extent possible.
(c) Period for Minting.--The Secretary may mint coins under this
Act only during the calendar year beginning on January 1, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the International Civil
Rights Center and Museum, to be made available for program development
and research.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the International Civil Rights Center and Museum as may be
related to the expenditures of amounts paid under subsection (b). | International Civil Rights Center and Museum Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue, during 2010, up to 1,000 $1 coins in commemoration of the opening of the International Civil Rights Center and Museum in Greensboro, North Carolina.
Requires sales to include a $10 surcharge per coin, to be paid to the International Civil Rights Center and Museum for program development and research. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the opening of the International Civil Rights Center and Museum."} | 1,200 | 88 | 0.537332 | 1.54754 | 0.793638 | 4.397436 | 13.987179 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capitol Visitor Center Authorization
Act of 1997''.
SEC. 2. ESTABLISHMENT OF CAPITOL VISITOR CENTER.
(a) In General.--The Architect of the Capitol, under the direction
of the United States Capitol Preservation Commission, is authorized--
(1) to plan, construct, equip, administer, and maintain a
Capitol Visitor Center under the East Plaza of the United
States Capitol with associated improvements to the Capitol to
provide access thereto; and
(2) to reconstruct the East Plaza of the United States
Capitol and its environs to enhance its attractiveness, safety,
and security.
(b) Purpose.--It shall be the purpose of the Capitol Visitor Center
to provide reception facilities, educational exhibits, amenities,
auditoriums, and other programs and facilities for members of the
public visiting the United States Capitol.
(c) Design.--The design of the Capitol Visitor Center shall be
substantially in accordance with the Final Design Report dated November
10, 1995, submitted by the Architect of the Capitol to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Rules and Administration of the Senate, and the United
States Capitol Preservation Commission.
(d) Plans for Exhibits.--Plans and specifications for the exhibits
and equipping of the Capitol Visitor Center shall be completed by the
Architect of the Capitol as soon as practicable after the commencement
of construction.
(e) Project Defined.--The activities and purposes set forth in
subsections (a) through (d) are hereinafter in this Act referred to as
the ``project''.
SEC. 3. PROJECT DEVELOPMENT PLAN.
(a) General Authority.--Notwithstanding any other provision of law,
the Architect of the Capitol is authorized and directed to finance and
develop the project in accordance with this Act and in accordance with
a plan developed and approved in accordance with subsection (b).
(b) Development and Approval of Plan.--The Architect of the Capitol
shall develop and submit to the United States Capitol Preservation
Commission for approval a plan that will enable the construction of the
project to be completed without the appropriation of funds to the
Legislative Branch for such purpose.
(c) Performance of Activities.--The performance of any activity
contemplated by a plan approved under subsection (b) (or by any special
purpose entity created pursuant to this Act) of any activity is
expressly authorized. Such activities may include the following:
(1) The establishment of 1 or more special purpose not-for-
profit entities (corporations, partnerships, or otherwise) in
connection with the project.
(2) One or more borrowings from the Federal Financing Bank,
for which purpose the Architect of the Capitol (and any special
purpose entity created pursuant to the plan) shall be deemed a
Federal agency within the meaning of section 3 of the Federal
Financing Bank Act of 1973 (12 U.S.C. 2282).
(3) Execution and delivery by the Architect of the Capitol
(or by any special purpose entity created pursuant to the plan)
of multiple-year agreements, contracts, leases, guaranties,
instruments of indebtedness, or such other documentation as may
be necessary or desirable to facilitate, support, or act as
collateral for the project or to provide goods or services to
or for the benefit of the project.
(c) Use of Gifts.--Gifts received pursuant to section 5 of this Act
shall be used to reduce, discharge, or provide collateral for any
indebtedness incurred in connection with the project (whether incurred
prior or subsequent to the receipt of such gift) until such
indebtedness (including any accrued but unpaid interest thereon) has
been repaid in full.
SEC. 4. CONSTRUCTION.
(a) Building Codes.--The project shall meet design standards
applicable under nationally recognized building codes, as determined by
the Architect of the Capitol. During construction, the Architect shall
conduct periodic inspections for the purpose of assuring that such
standards are being met.
(c) Applicability of Certain Laws.--The project shall not be
subject to any Federal or State law (including laws of the District of
Columbia) relating to taxes, building codes, permits, or inspections.
SEC. 5. GIFTS.
(a) In General.--For the purposes of carrying out the project, the
Architect of the Capitol may solicit, receive, accept, hold, and
dispose of gifts or donations of services or property.
(b) Deposit of Receipts.--Subsequent to the repayment of all
indebtedness and subject to the provisions of the plan approved
pursuant to section 3, the Architect of the Capitol shall deposit into
the account established by section 6(a) all monetary gifts received
under subsection (a) and all proceeds from the disposition of
nonmonetary gifts received under subsection (a).
(c) Treatment Under Tax Laws.--Any gift accepted in accordance with
the plan approved pursuant to section 3 shall be considered a gift to
the United States for the purposes of income, estate, and gift tax laws
of the United States.
SEC. 6. ACCOUNT IN THE TREASURY.
(a) Establishment.--There is established in the Treasury of the
United States a separate account entitled ``Architect of the Capitol,
Capitol Buildings and Grounds, Capitol Visitor Center, Gifts and
Donations'' which shall consist of amounts deposited into the account
by the Architect of the Capitol under section 5(b) and amounts credited
to the account pursuant to this section.
(b) Availability of Amounts.--Funds in the account established by
subsection (a) shall be available to the Architect of the Capitol for
carrying out the project in such amounts as are specified in
appropriations Acts. Such funds shall not be subject to any fiscal year
limitation.
(c) Reporting of Transactions.--Receipts, obligations, and
expenditures of funds in the account established by subsection (a)
shall be reported in annual estimates submitted to Congress by the
Architect of the Capitol for the operation and maintenance of the
Capitol Buildings and Grounds.
(d) Investment.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the account established by subsection (a) as is
not, in the judgment of the Secretary, required to meet current
withdrawals. Such investments may be made only in interest-
bearing obligations of the United States. For such purpose,
such obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(2) Sale of obligations.--Any obligation acquired by the
account may be sold at the market price.
(3) Interest on certain proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the account shall be credited to and form part of the
account.
SEC. 7. AUTHORITY TO CONTRACT.
To assure that only the most responsible, experienced, and
qualified parties are utilized to carry out the project,
notwithstanding any other provision of law, the Architect of the
Capitol may establish competitive procedures for such work by the use
of prequalification standards and may award contracts on the basis of
contractor qualifications as well as price. Such procedures and
contract awards shall be final and conclusive upon all officers of the
government.
SEC. 8. SPECIAL COMMITTEE OF UNITED STATES CAPITOL PRESERVATION
COMMISSION.
(a) Delegation of Functions.--The United States Capitol
Preservation Commission is authorized to delegate to the Special
Committee appointed pursuant to the amendment made by subsection (b)
the functions of the Commission under this Act.
(b) Establishment.--Section 801 of the Arizona-Idaho Conservation
Act of 1988 (40 U.S.C. 188a) is amended by adding at the end the
following:
``(f) Special Committee.--
``(1) Establishment.--The Commission is authorized to
establish a Special Committee consisting of 3 members as
follows:
``(A) One Member of the House of Representatives to
be appointed by the Commission.
``(B) One Member of the Senate to be appointed by
the Commission.
``(C) One Member of the House of Representatives or
the Senate or 1 knowledgeable and experienced private
citizen to be appointed by the 2 members appointed
pursuant to subparagraphs (A) and (B).
``(2) Chairman; functions.--The Special Committee
established pursuant to paragraph (1) shall elect its own
chairperson and shall provide the Architect of the Capitol with
all necessary oversight and direction in the exercise of the
authority granted to the Architect under the Capitol Visitor
Center Authorization Act of 1996.''.
SEC. 9. REPEAL.
The provisions of title III of the National Visitor Center
Facilities Act of 1968 (82 Stat. 43) shall be superseded and repealed
to the extent that such provisions are inconsistent with the provisions
of the plan approved pursuant to section 3. | Capitol Visitor Center Authorization Act of 1997 - Authorizes the Architect of the Capitol (AOC), under the direction of the U.S. Capitol Preservation Commission (Commission), to: (1) plan, construct, equip, administer, and maintain a Capitol Visitor Center under the East Plaza of the Capitol; and (2) reconstruct the East Plaza and its environs to enhance its attractiveness, safety, and security.
Requires that the design of the Capitol Visitor Center shall be substantially in accordance with the Final Design Report dated November 10, 1995, submitted by the AOC to specified congressional committees. Authorizes and directs the AOC to finance and develop the project in accordance with this Act. Directs the AOC to develop and submit to the Commission for approval a plan that will enable the construction of the project to be completed without the appropriation of funds to the legislative branch for such purpose.
Establishes in the Treasury an Architect of the Capitol, Capitol Buildings and Grounds, Capitol Visitor Center, Gifts and Donations account.
Authorizes the AOC to establish competitive procedures for work to carry out the project by the use of prequalification standards, and to award contracts on the basis of contractor qualifications as well as price. States that such procedures and contract awards shall be final and conclusive upon all officers of the Government.
Amends the Arizona-Idaho Conservation Act to authorize the Commission to establish a special committee to provide the AOC with all necessary oversight and direction. Repeals the provisions of title III of the National Visitor Center Facilities Act of 1968 to the extent that such provisions are inconsistent with the provisions of the plan approved under this Act. | {"src": "billsum_train", "title": "Capitol Visitor Center Authorization Act of 1997"} | 2,010 | 361 | 0.695734 | 2.190334 | 0.805132 | 5.968454 | 5.665615 | 0.921136 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Tax Replacement Act of 2014''.
SEC. 2. REPEAL OF EXCISE TAX ON GASOLINE AND DIESEL FUEL.
(a) Manufacturers Tax.--Section 4081(a)(2)(A) of the Internal
Revenue Code of 1986 is amended--
(1) in clause (i) by striking ``18.3 cents per gallon'' and
inserting ``0 cents per gallon'', and
(2) in clause (ii) by striking ``24.3 cents per gallon''
and inserting ``0 cents per gallon''.
(b) Retail Tax.--Section 4041(a) of the Internal Revenue Code of
1986 is amended by striking paragraph (1).
(c) Conforming Amendments.--
(1) Section 4081 of the Internal Revenue Code of 1986 is
amended--
(A) in subsection (a)(2) by striking subparagraph
(D),
(B) by striking subsection (c), and
(C) in subsection (d) by striking paragraph (1).
(2) Section 4041 of the Internal Revenue Code of 1986 is
amended--
(A) by amending the heading of subsection (a) to
read as follows: ``Special Motor Fuels'', and
(B) in subsection (a)(2)(B)(i) by striking ``the
rate of tax specified in section 4081(a)(2)(A)(i) which
is in effect at the time of such sale or use,'' and
inserting ``18.3 cents per gallon''.
(d) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2015.
SEC. 3. CARBON TAX ON HIGHWAY FUELS.
(a) In General.--Paragraph (1) of section 4611(c) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (A), by striking the period at the end of subparagraph (B)
and inserting ``, and'', and by inserting after subparagraph (B) the
following new subparagraph:
``(C) the carbon dioxide equivalent rate.''.
(b) Rates.--
(1) In general.--Paragraph (2) of section 4611(c) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at
the end of subparagraph (A), by striking the period at the end
of subparagraph (B) and inserting ``, and'', and by inserting
after subparagraph (B) the following new subparagraph:
``(C) the carbon dioxide equivalent rate is--
``(i) $50 per metric ton (or portion
thereof) of total life-cycle emissions of
carbon dioxide, and
``(ii) an equivalent amount per metric ton
(or portion thereof) of total life-cycle
emissions of any other greenhouse gas
determined on a ratio of the amount such other
greenhouse gas per metric ton as the amount of
carbon dioxide per metric ton,
in the crude oil or petroleum product (as the case may
be) subject to tax under subsection (a) which is to be
refined into gasoline or diesel fuel.
For purposes of subparagraph (C), total life-cycle emissions of
carbon dioxide and other greenhouse gases shall be determined
by the Administrator of the Environmental Protection Agency
pursuant to section 4 of the Gas Tax Replacement Act of
2014.''.
(2) Adjustment for inflation.--Section 4611(c) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following:
``(3) Carbon dioxide equivalent rate inflation
adjustment.--
``(A) In general.--In the case of any calendar year
after 2014, the dollar amount in paragraph (2)(C) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year, determined by substituting
``calendar year 2013'' for ``calendar year
1992'' in subparagraph (B) thereof.
``(B) Rounding.--If any amount as increased under
subparagraph (A) is not a multiple of $1, such amount
shall be rounded to the nearest multiple of $1.''.
(c) Alternative Fuels Producer Excise Tax.--
(1) In general.--Subchapter A of chapter 38 of the Internal
Revenue Code of 1986 is amended by inserting after section 4611
the following:
``SEC. 4611A. CERTAIN ALTERNATIVE FUELS.
``(a) General Rule.--There is hereby imposed a tax at the rate
specified in subsection (b) on--
``(1) methanol, ethanol, and biodiesel produced in the
United States by the producer thereof, and
``(2) methanol, ethanol, and biodiesel, and any blended
product thereof, entered into the United States for
consumption, use, or warehousing.
``(b) Rate of Tax.--The rate of the tax imposed by this section
is--
``(1) $50 per metric ton (or portion thereof) of total
life-cycle emissions of carbon dioxide, and
``(2) an equivalent amount per metric ton (or portion
thereof) of total life-cycle emissions of any other greenhouse
gas determined on a ratio of the amount such other greenhouse
gas per metric ton as the amount of carbon dioxide per metric
ton,
in methanol, ethanol, and biodiesel, and any blended product thereof,
produced or entered into in the United States. For purposes of the
preceding sentence, total life-cycle emissions of carbon dioxide and
other greenhouse gases shall be determined by the Administrator of the
Environmental Protection Agency pursuant to section 4 of the Gas Tax
Replacement Act of 2014.
``(c) Persons Liable for Tax.--
``(1) United states production.--The tax imposed by
subsection (a)(1) shall be paid by the producer of the product
on which such tax is imposed.
``(2) Imported products.--The tax imposed by subsection
(a)(2) shall be paid by the person entering the product for
consumption, use, or warehousing.''.
(2) Clerical amendment.--The table of sections for
subchapter A of chapter 38 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 4611
the following new item:
``Sec. 4611A. Certain alternative fuels.''.
(d) Credits and Payments for Nontaxable Uses.--
(1) Gasoline used on farms.--Section 6420 of the Internal
Revenue Code of 1986 is amended by inserting after subsection
(g) the following:
``(h) Special Rule for Carbon Dioxide Equivalent Rate of Tax.--For
purposes of this section, a gallon of gasoline refined from a barrel of
crude oil or petroleum product on which tax was imposed under section
4611 at the carbon dioxide equivalent rate under subsection (c)(1)(C)
thereof and used for a purpose described in subsection (a)--
``(1) shall be treated as a gallon of gasoline to which
this section applies, and
``(2) the rate at which tax was imposed under section 4611
with respect to such gallon shall be the same fraction of so
much of the tax imposed under section 4611 as is attributable
to subsection (c)(1)(C) thereof on such barrel as the fraction
of such gallon of gas is of the whole barrel.''.
(2) Gasoline used for certain nonhighway purposes, etc.--
Section 6421 of the Internal Revenue Code of 1986 is amended by
redesignating subsection (j) as subsection (k) and by inserting
after subsection (i) the following:
``(j) Special Rule for Carbon Dioxide Equivalent Rate of Tax.--For
purposes of this section, in the case of a gallon of gasoline refined
from a barrel of crude oil or petroleum product on which tax was
imposed under section 4611 at the carbon dioxide equivalent rate under
subsection (c)(1)(C) thereof--
``(1) if such gallon is used for a purpose described in
subsection (a) or (b) or is sold for a purpose described in
subsection (c), such gallon shall be treated as a gallon of
gasoline to which this section applies, and
``(2) the rate at which tax was imposed under section 4611
with respect to such gallon shall be the same fraction of so
much of the tax imposed under section 4611 as is attributable
to subsection (c)(1)(C) thereof on such barrel as the fraction
of such gallon of gas is of the whole barrel.''.
(3) Credit for alcohol fuel, biodiesel, and alternative
fuel mixtures.--Section 6426(a) of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of paragraph
(1), by striking the period at the end of paragraph (2) and
inserting a comma, and by inserting after paragraph (2) the
following:
``(3) against so much of the tax imposed by section 4611 as
is attributable to the carbon dioxide equivalent rate of tax
under subsection (c)(1)(C) an amount equal to the credit
described in subsection (c), determined on the same fraction of
the amount of such tax as the number of gallons of diesel used
by the taxpayer in producing any biodiesel mixture for sale or
use in a trade or business of the taxpayer, and
``(4) against the tax imposed by section 4611A an amount
equal to the sum of the credits described in subsections (b),
(c), and (e), determined on the same fraction of the amount of
such tax as the number of gallons of alcohol, biodiesel, or
alternative fuel used by the taxpayer in producing any fuel
mixture of taxable fuel.''.
(4) Fuels not used for taxable purposes.--Section 6427 of
the Internal Revenue Code of 1986 is amended by redesignating
subsection (p) as subsection (q) and by inserting after
subsection (o) the following:
``(p) Special Rule for Carbon Dioxide Equivalent Rate.--For
purposes of this section, in the case of a gallon of fuel refined from
a barrel of crude oil or petroleum product on which tax was imposed
under section 4611 at the carbon dioxide equivalent rate of tax under
subsection (c)(1)(C) thereof, or produced from methanol, ethanol, or
biodiesel on which tax was imposed under section 4611A, if the sale or
use of such fuel would give rise to a payment under this section but
for the fact that such fuel was taxed under section 4611 or 4611A and
not section 4041 or 4081--
``(1) this section shall be applied as if such fuel had
been taxed under section 4041 or 4081, and
``(2) the rate at which tax was imposed under section 4611
or 4611A with respect to such fuel shall be--
``(A) in the case of tax imposed under section
4611(c)(1)(C), the same fraction of such tax on such
barrel as the fraction of a gallon of such fuel is of
the whole barrel, and
``(B) in the case of tax imposed under section
4611A, the same fraction of the amount of such tax as
the amount of fuel giving rise to a payment under this
section.''.
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 2016.
SEC. 4. LIFE-CYCLE EMISSIONS.
(a) Carbon Dioxide Emissions Report.--Not later than the first ____
occurring at least 1 year after the date of enactment of this Act, the
Administrator shall transmit to the Internal Revenue Service and make
public a report on the total life-cycle emissions of carbon dioxide for
each covered transportation fuel, expressed in tons of carbon dioxide
emissions per barrel of fuel or an appropriate alternate measure. Such
report shall take into account the differences in carbon dioxide
emissions per barrel of fuel across different regions and countries due
to means of resource extraction and production, transportation, and
other factors, with each covered transportation fuel being as
regionally specific as determined by the Administrator.
(b) Addition of Covered Transportation Fuel.--The Administrator
shall--
(1) from time to time determine which transportation fuels
have achieved a sufficient share of the on-road transportation
fuel market to warrant being considered a covered
transportation fuel, and
(2) update the report transmitted under subsection (a), and
transmit such updated report to Congress, with the
specifications on the total life-cycle emissions of carbon
dioxide and other greenhouse gases for each fuel newly
determined under paragraph (1) to be considered a covered
transportation fuel.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Biofuel.--The term ``biofuel'' means the biofuel
component of a transportation fuel.
(3) Covered transportation fuel.--The term ``covered
transportation fuel'' means gasoline, diesel fuel, biofuel, and
any other fuel the Administrator determines has achieved a
sufficient share of the on-road transportation fuel market to
warrant regulation under this section.
(4) Greenhouse gas.--The term ``greenhouse gas'' has the
same meaning given the term in section 211(o)(1) of the Clean
Air Act (42 U.S.C. 7545(o)(1)).
(5) Life-cycle emissions.--The term ``life-cycle
emissions'' means emissions from all activities included in the
production, transport, storage, and use of a fuel, including
land use changes, means of resource extraction and production,
transportation systems, and leakages. | Gas Tax Replacement Act of 2014 - Amends the Internal Revenue Code to: (1) repeal the excise taxes on gasoline and diesel fuels; (2) add a carbon dioxide equivalent rate to the tax on crude oil and petroleum products; and (3) impose an new excise tax on the carbon content of methanol, ethanol, and biodiesel produced in the United States and entered into the United States for consumption, use, or warehousing. Requires the Administrator of the Environmental Protection Agency (EPA) to send to the Internal Revenue Service (IRS) and make public a report on the total life-cycle emissions of carbon dioxide for gasoline, diesel fuel, biofuel, and other regulated fuels. | {"src": "billsum_train", "title": "Gas Tax Replacement Act of 2014"} | 3,093 | 157 | 0.464871 | 1.157665 | 0.674106 | 4.955556 | 20.540741 | 0.896296 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chronic Wasting Disease Research,
Monitoring, and Education Enhancement Act of 2003''.
SEC. 2. CHRONIC WASTING DISEASE RESEARCH AND MONITORING AND PUBLIC
EDUCATION AND OUTREACH.
(a) In General.--The Fish and Wildlife Coordination Act (16 U.S.C.
661 et seq.) is amended by adding at the end the following:
``SEC. 10. CHRONIC WASTING DISEASE.
``(a) In General.--The Secretary of the Interior, acting through
the Director of the United States Geological Survey, shall carry out in
accordance with this section a program to support, conduct, and
coordinate programs to strengthen scientific research and monitoring
and public education activities to elevate knowledge of Chronic Wasting
Disease in free-ranging populations of deer and elk.
``(b) Purposes.--The purposes of the program shall be the
following:
``(1) To initiate and encourage completion of the relevant
goals and action plans specified in the National Plan.
``(2) To enhance the scientific understanding of Chronic
Wasting Disease.
``(3) To provide technical assistance in support of State
efforts to conduct scientific research, implement wildlife
management strategies, and conduct and promote comprehensive
public education programs in affected States.
``(c) Research and Monitoring.--
``(1) In general.--The Secretary may support, promote, and
coordinate research on, and long-term monitoring and
surveillance of, Chronic Wasting Disease as it affects deer and
elk in States identified as having the disease present within
their borders, to promote improved understanding of the disease
and support State management of deer and elk.
``(2) Authorized activities.--Activities under this
subsection may include scientific research, monitoring,
surveillance, and disease management activities identified in
the National Plan, including the following:
``(A) Research to investigate the biology,
pathogenesis, host ecology, epidemiology, transmission,
and environmental persistence of Chronic Wasting
Disease.
``(B) Development and utilization of an Internet-
based biological data management system and integrated
information sharing network.
``(C) Development, testing, and validation of rapid
diagnostic methods.
``(D) Development of new testing and screening
techniques for Chronic Wasting Disease, including live
animal early detection field tests.
``(E) Surveillance programs to track the
prevalence, incidence, and distribution of Chronic
Wasting Disease in wild populations of deer and elk.
``(F) Research and development of therapeutics and
vaccines.
``(G) Development and implementation of field
sampling methods and comprehensive assessments of deer
and elk populations.
``(3) Other activities to implement national plan and
support state activities.--The Secretary may implement other
research and monitoring activities as necessary to implement
the National Plan and to support State activities to manage and
conserve deer and elk.
``(e) National Public Education Strategy.--
``(1) In general.--The Secretary shall develop and promote
a national public education strategy--
``(A) to increase awareness among the hunting
community and the general public of the distribution of
Chronic Wasting Disease;
``(B) to enhance comprehension of the biology,
ecology, and epidemiology of the Chronic Wasting
Disease; and
``(C) to support and communicate State management
activities to control Chronic Wasting Disease in deer
and elk populations.
``(2) Goals.--The goals of the strategy are the following:
``(A) Increasing public awareness of Federal,
State, and tribal Chronic Wasting Disease activities.
``(B) Distilling and disseminating to the general
public scientific and technical information concerning
Chronic Wasting Disease in an easily comprehended
manner.
``(C) Providing updates and reviews of advances in
Chronic Wasting Disease control methods for deer and
elk.
``(D) Development of print, video, and other
interpretive and media materials to implement the
strategy and to communicate accomplishments in
addressing the problem of Chronic Wasting Disease.
``(3) Targeting.--The strategy should target stakeholder
groups in States affected by Chronic Wasting disease, including
consumptive and non-consumptive users of deer and elk.
``(f) Consultation and Coordination.--In conducting, supporting,
and coordinating activities authorized under this section, the
Secretary shall consult coordinate, where appropriate, with other
Federal, interstate, or regional agencies, State agencies, tribes,
local communities, non-governmental organizations, and colleges and
universities.
``(g) Report Requirements.--Not later than 1 year after the date of
the enactment of this section, and annually thereafter, the Secretary
shall report to the Committee on Resources of the House of
Representatives and the Committee on Environment and Public Works in
the Senate on the activities implemented under this section.
``(h) Availability of Results.--The Secretary shall make available
to the public the results of research and monitoring conducted,
supported, or permitted by the Secretary under this section.
``(i) Definitions.--For the purposes of this section:
``(1) Chronic wasting disease.--The term `Chronic Wasting
Disease' means the transmissible animal disease that afflicts
deer and elk and belongs to the group of diseases known as
transmissible spongiform encephalopathies.
``(2) Deer and elk.--The term `deer and elk' means--
``(A) free-ranging populations of deer and elk
residing in proximity of the endemic area for Chronic
Wasting Disease as identified in the National Plan; and
``(B) deer and elk residing in States outside of
that endemic area, where the disease has been
introduced and established in deer and elk populations.
``(3) National plan.--The term `National Plan' means the
plan published jointly by the Department of the Interior and
the Department of Agriculture entitled `Plan for Assisting
States, Federal Agencies, and Tribes in Managing Chronic
Wasting Disease in Wild and Captive Cervids', dated June 26,
2002.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
``(5) State.--The term `State' means the several States of
the United States, Puerto Rico, American Samoa, the Virgin
Islands, Guam, and the territories and possessions of the
United States.
``(h) Report.--The Secretary of the Interior shall submit a report
describing activities undertaken to implement this section to the
Committee on Resources of the House of Representatives and the
Committee on Environment and Public Works of the Senate by not later
than 1 year after the date of the enactment of this section and
biennially thereafter.
``(i) Authorization of Appropriations.--To implement this section
there are authorized to be appropriated to the Secretary the following:
``(1) Research and monitoring.--For the implementation of
scientific research and monitoring activities under subsection
(d), $15,000,000 for each of fiscal years 2004 through 2009.
``(2) Public education.--For the implementation of public
education activities under subsection (e), $5,000,000 for each
of fiscal years 2004 through 2009.
``(3) Administration.--For the administration of this
section by the Secretary $1,00,000 for each of fiscal years
2004 through 2009.''. | Chronic Wasting Disease Research, Monitoring, and Education Enhancement Act of 2003 - Amends the Fish and Wildlife Coordination Act to require the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, to carry out a program to support, conduct, and coordinate programs to strengthen scientific research and monitoring and public education activities to elevate knowledge of Chronic Wasting Disease in free-ranging populations of deer and elk. | {"src": "billsum_train", "title": "To amend the Fish and Wildlife Coordination Act to coordinate and strengthen scientific research and monitoring, and to promote public outreach, education, and awareness, of Chronic Wasting Disease affecting free-ranging populations of deer and elk, and for other purposes."} | 1,673 | 96 | 0.707334 | 1.839484 | 1.055247 | 7.392405 | 19.063291 | 0.962025 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Mohuiddin A.K.M. Ahmed is an innocent Bangladeshi
citizen living in exile in the United States. In 1996, a
Bangladeshi court erroneously convicted Mr. Ahmed of murder and
sentenced him to death in connection with a 1975 coup. Having
exhausted all available legal avenues, Ahmed now sits in U.S.
custody awaiting his deportation and subsequent execution.
(2) The circumstances surrounding the trial in absentia and
subsequent conviction of Mohiuddin ``Din'' Ahmed, are
sufficiently suspect as to warrant the immediate intervention
on the part of the United States Government to prevent his
planned deportation, which as of now is imminent.
(3) If the United States Congress, the United States State
Department, or the United States Department of Homeland
Security fail to intervene on his behalf, or favorably exercise
their discretion in this matter, Ahmed will face certain
execution by hanging upon his arrival in Bangladesh.
(4) Following its split from Pakistan in 1971, the newly
sovereign nation of Bangladesh experienced a period of violent
civil unrest, culminating in the violent coup to overthrow the
nation's first Prime Minister, Sheikh Mujibur Rahman (Mujib) on
August 15, 1975. Ahmed had been commissioned as an officer in
the East Pakistani military before Bangladesh declared its
independence, and he continued to serve during the Pakistani
civil war and after independence. On the night of August 15,
1975, Ahmed was ordered to station his men at a roadblock
roughly one mile from the home of then Prime Minister of
Bangladesh, Sheikh Mujibur Rahman. That night, a violent coup
erupted, and individuals stormed the home of the Prime
Minister, killing him and the rest of his family.
(5) Ahmed, like most Bangladeshis and many international
observers at the time, was concerned with Mujib's policies of
political suppression and his repeated violations of the civil
rights of the Bangladeshi people. However, he had no knowledge
of, nor did he support, the violent coup that erupted that
night.
(6) Following the coup, Ahmed went on to serve as a
diplomat in Iraq, Saudi Arabia, and elsewhere, until 1996, when
Sheikh Hasina Wajed, daughter of the assassinated Prime
Minister, came to power, and then broke her promise to respect
the Bangladeshi constitutional amendment which provided
immunity to officers involved in the 1975 coup. Rather, Sheikh
Hasina Wajed orchestrated the repeal of the constitutional
amendment, and the arrest of the men she believed were
responsible for the death of her father. Under these orders,
Ahmed, who had been living in Los Angeles, was tried in
absentia, convicted, and sentenced to death by hanging. He will
not be allowed to reopen the in absentia conviction. As such,
he will not be provided the opportunity to question the
fairness of the trial, confront witnesses against him, nor
present exculpatory evidence on his behalf which has recently
been uncovered, i.e., eyewitness testimony affirming Ahmed's
innocence.
(7) Soon after Din arrived in the United States he applied
for asylum but was denied by both the Immigration Court and the
Board of Immigration appeals. By the time his trial began in
Bangladesh he had already filed a request for political asylum
under the provisions of the United Nations Convention Against
Torture. But after the September 11, 2001, terrorist attacks,
immigration law had changed and Ahmed, accused of taking part
in killing a head of state, was no longer entitled to relief
from deportation. Last February, the U.S. Court of Appeals for
the 9th Circuit affirmed the immigration judge's denial of
asylum and related relief.
(8) It is incumbent upon us to find a country where Ahmed
might be granted safe-haven, that does not condone death
penalty, and that respects human rights.
SEC. 2. DEFERRAL OF ACTION ON DEPORTATION.
(a) In General.--Notwithstanding any other provision of law, for
purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), Mohuiddin A.K.M. Ahmed shall have his final order of deportation
indefinitely stayed.
(b) Deferral of Action.--Mohuiddin A.K.M. Ahmed shall be accorded
deferred action status for an indefinite period, and the Immigration
and Customs Enforcement shall release him from ICE custody with an
order of supervision. As such, Mr. Mohuiddin A.K.M. Ahmed will not be
deported to Bangladesh, or any country, which maintains an extradition
treaty with Bangladesh or which condones the death penalty.
(c) Preferential Immigration Treatment for Certain Relatives.--The
spouse and children of Mohuiddin A.K.M. Ahmed shall, by virtue of such
relationship, be accorded the same rights, privileges, or status under
the Immigration and Nationality Act as Mohuiddin A.K.M. Ahmed.
SEC. 3. PERMANENT RESIDENCE.
(a) In General.--Notwithstanding any other provision of law, for
purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), Mohuiddin A.K.M. Ahmed shall be eligible for adjustment of
status to that of an alien lawfully admitted for permanent residence
upon filing an application for issuance of an immigrant visa under
section 204 of such Act or for adjustment of status to lawful permanent
resident.
(b) Adjustment of Status.--If Mohuiddin A.K.M. Ahmed applies for
lawful permanent residency, he shall be considered to have entered and
remained lawfully in the United States, and shall be eligible for
adjustment of status under section 245 of the Immigration and
Nationality Act as of the date of the enactment of this Act.
(c) Reduction of Immigrant Visa Number.--Upon the granting of
permanent residence to Mohuiddin A.K.M. Ahmed, the Secretary of State
shall instruct the proper officer to reduce by 1, during the current or
next following fiscal year, the total number of immigrant visas that
are made available to natives of the country of the alien's birth under
section 203(a) of the Immigration and Nationality Act or, if
applicable, the total number of immigrant visas that are made available
to natives of the country of the alien's birth under section 202(e) of
such Act.
(d) Preferential Immigration Treatment for Certain Relatives.--The
spouse of Mohuiddin A.K.M. Ahmed shall, by virtue of such relationship,
be accorded the same rights, privileges, or status under the
Immigration and Nationality Act as Mohuiddin A.K.M. Ahmed.
SEC. 4. ASYLUM ABROAD.
(a) In General.--Notwithstanding any other provision of law, for
purposes of the Immigration and Nationality Act Mohuiddin A.K.M. Ahmed
shall be permitted to seek asylum in a foreign nation. | Provides for the relief of Mohuiddin A. K. M. Ahmed. | {"src": "billsum_train", "title": "For the relief of Mohuiddin A. K. M. Ahmed."} | 1,579 | 19 | 0.376228 | 1.095368 | -1.514109 | 1.181818 | 119.818182 | 0.636364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pine River Project Conveyance Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Jurisdictional Map'' means the map entitled
``Transfer of Jurisdiction--Vallecito Reservoir, United States
Department of Agriculture, Forest Service and United States
Department of the Interior, Bureau of Reclamation and the
Bureau of Indian Affairs'' dated March, 1998.
(2) The term ``Pine River Project'' or the ``Project''
means Vallecito Dam and Reservoir owned by the United States
and authorized in 1937 under the provisions of the Department
of the Interior Appropriation Act of June 25, 1910, 36 Stat.
835; facilities appurtenant to the Dam and Reservoir, including
equipment, buildings, and other improvements; lands adjacent to
the Dam and Reservoir; easements and rights-of-way necessary
for access and all required connections with the Dam and
Reservoir, including those for necessary roads; and associated
personal property, including contract rights and any and all
ownership or property interest in water or water rights.
(3) The term ``Repayment Contract'' means Repayment
Contract #I1r-1204, between Reclamation and the Pine River
Irrigation District, dated April 15, 1940, and amended November
30, 1953, and all amendments and additions thereto, including
the Act of July 27, 1954 (68 Stat. 534), covering the Pine
River Project and certain lands acquired in support of the
Vallecito Dam and Reservoir pursuant to which the Pine River
Irrigation District has assumed operation and maintenance
responsibilities for the dam, reservoir, and water-based
recreation in accordance with existing law.
(4) The term ``Reclamation'' means the Department of the
Interior, Bureau of Reclamation.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(6) The term ``Southern Ute Indian Tribe'' or ``Tribe''
means a federally recognized Indian tribe, located on the
Southern Ute Indian Reservation, La Plata County, Colorado.
(7) The term ``Pine River Irrigation District'' or
``District'' means a political division of the State of
Colorado duly organized, existing, and acting pursuant to the
laws thereof with its principal place of business in the City
of Bayfield, La Plata County, Colorado and having an undivided
\5/6\ right and interest in the use of the water made available
by Vallecito Reservoir for the purpose of supplying the lands
of the District, pursuant to the Repayment Contract, and the
decree in Case No. 1848-B, District Court, Water Division 7,
State of Colorado, as well as an undivided \5/6\ right and
interest in the Pine River Project.
SEC. 3. TRANSFER OF THE PINE RIVER PROJECT.
(a) Conveyance.--The Secretary is authorized to convey, without
consideration or compensation to the District, by quitclaim deed or
patent, pursuant to section 6, the United States undivided \5/6\ right
and interest in the Pine River Project under the jurisdiction of
Reclamation for the benefit of the Pine River Irrigation District. No
partition of the undivided \5/6\ right and interest in the Pine River
Project shall be permitted from the undivided \1/6\ right and interest
in the Pine River Project described in subsection (b) and any quitclaim
deed or patent evidencing a transfer shall expressly prohibit
partitioning. Effective on the date of the conveyance, all obligations
between the District and the Bureau of Indian Affairs on the one hand
and Reclamation on the other hand, under the Repayment Contract or with
respect to the Pine River Project are extinguished. Upon completion of
the title transfer, said Repayment Contract shall become null and void.
The District shall be responsible for paying 50 percent of all costs
associated with the title transfer.
(b) Bureau of Indian Affairs Interest.--At the option of the Tribe,
the Secretary is authorized to convey to the Tribe the Bureau of Indian
Affairs' undivided \1/6\ right and interest in the Pine River Project
and the water supply made available by Vallecito Reservoir pursuant to
the Memorandum of Understanding between the Bureau of Reclamation and
the Office of Indian Affairs dated January 3, 1940, together with its
Amendment dated July 9, 1964 (`MOU'), the Repayment Contract and
decrees in Case Nos. 1848-B and W-1603-76D, District Court, Water
Division 7, State of Colorado. In the event of such conveyance, no
consideration or compensation shall be required to be paid to the
United States.
(c) Federal Dam Use Charge.--Nothing in this Act shall relieve the
holder of the license issued by the Federal Energy Regulatory
Commission under the Federal Power Act for Vallecito Dam in effect on
the date of enactment of this Act from the obligation to make payments
under section 10(e)(2) of the Federal Power Act during the remaining
term of the present license. At the expiration of the present license
term, the Federal Energy Regulatory Commission shall adjust the charge
to reflect either (1) the \1/6\ interest of the United States remaining
in the Vallecito Dam after conveyance to the District; or (2) if the
remaining \1/6\ interest of the United States has been conveyed to the
Tribe pursuant to subsection (b), then no Federal dam charge shall be
levied from the date of expiration of the present license.
SEC. 4. JURISDICTIONAL TRANSFER OF LANDS.
(a) Inundated Lands.--To provide for the consolidation of lands
associated with the Pine River Project to be retained by the Forest
Service and the consolidation of lands to be transferred to the
District, the administrative jurisdiction of lands inundated by and
along the shoreline of Vallecito Reservoir, as shown on the
Jurisdictional Map, shall be transferred, as set forth in subsection
(b) (the ``Jurisdictional Transfer''), concurrently with the conveyance
described in section 3(a). Except as otherwise shown on the
Jurisdictional Map--
(1) for withdrawn lands (approximately 260 acres) lying
below the 7,765-foot reservoir water surface elevation level,
the Forest Service shall transfer an undivided \5/6\ interest
to Reclamation and an undivided \1/6\ interest to the Bureau of
Indian Affairs in trust for the Tribe; and
(2) for Project acquired lands (approximately 230 acres)
above the 7,765-foot reservoir water surface elevation level,
Reclamation and the Bureau of Indian Affairs shall transfer
their interests to the Forest Service.
(b) Map.--The Jurisdictional Map and legal descriptions of the
lands transferred pursuant to subsection (a) shall be on file and
available for public inspection in the offices of the Chief of the
Forest Service, Department of Agriculture, the Commissioner of
Reclamation, Department of the Interior, appropriate field offices of
those agencies, and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate.
(c) Administration.--Following the Jurisdictional Transfer:
(1) All lands that, by reason of the Jurisdictional
Transfer, become National Forest System lands within the
boundaries of the San Juan National Forest, shall be
administered in accordance with the laws, rules, and
regulations applicable to the National Forest System.
(2) Reclamation withdrawals of land from the San Juan
National Forest established by Secretarial Orders on November
9, 1936, October 14, 1937, and June 20, 1945, together
designated as Serial No. C-28259, shall be revoked.
(3) The Forest Service shall issue perpetual easements to
the District and the Bureau of Indian Affairs, at no cost to
the District or the Bureau of Indian Affairs, providing
adequate access across all lands subject to Forest Service
jurisdiction to insure the District and the Bureau of Indian
Affairs the ability to continue to operate and maintain the
Pine River Project.
(4) The undivided \5/6\ interest in National Forest System
lands that, by reason of the Jurisdictional Transfer is to be
administered by Reclamation, shall be conveyed to the District
pursuant to section 3(a).
(5) The District and the Bureau of Indian Affairs shall
issue perpetual easements to the Forest Service, at no cost to
the Forest Service, from National Forest System lands to
Vallecito Reservoir to assure continued public access to
Vallecito Reservoir when the Reservoir level drops below the
7,665-foot water surface elevation.
(6) The District and the Bureau of Indian Affairs shall
issue a perpetual easement to the Forest Service, at no cost to
the Forest Service, for the reconstruction, maintenance, and
operation of a road from La Plata County Road No. 501 to
National Forest System lands east of the Reservoir.
(d) Valid Existing Rights.--Nothing in this Act shall affect any
valid existing rights or interests in any existing land use
authorization, except that any such land use authorization shall be
administered by the agency having jurisdiction over the land after the
Jurisdictional Transfer in accordance with subsection (c) and other
applicable law. Renewal or reissuance of any such authorization shall
be in accordance with applicable law and the regulations of the agency
having jurisdiction, except that the change of administrative
jurisdiction shall not in itself constitute a ground to deny the
renewal or reissuance of any such authorization.
SEC. 5. LIABILITY.
Effective on the date of the conveyance of the remaining undivided
\1/6\ right and interest in the Pine River Project to the Tribe
pursuant to subsection 3(b), the United States shall not be held liable
by any court for damages of any kind arising out of any act, omission,
or occurrence relating to such Project, except for damages caused by
acts of negligence committed by the United States or by its employees,
agents, or contractors prior to the date of conveyance. Nothing in this
section shall be deemed to increase the liability of the United States
beyond that currently provided in the Federal Tort Claims Act (28
U.S.C. 2671 et seq.).
SEC. 6. COMPLETION OF CONVEYANCE.
(a) In General.--The Secretary's completion of the conveyance under
section 3 shall not occur until the following events have been
completed:
(1) Compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), and other applicable Federal
and State laws.
(2) The submission of a written statement from the Southern
Ute Indian Tribe to the Secretary indicating the Tribe's
satisfaction that the Tribe's Indian Trust Assets are protected
in the conveyance described in section 3.
(3) Execution of an agreement acceptable to the Secretary
which limits the future liability of the United States relative
to the operation of the Project.
(4) The submission of a statement by the Secretary to the
District, the Bureau of Indian Affairs, and the State of
Colorado on the existing condition of Vallecito Dam based on
Bureau of Reclamation's current knowledge and understanding.
(5) The development of an agreement between the Bureau of
Indian Affairs and the District to prescribe the District's
obligation to so operate the Project that the \1/6\ rights and
interests to the Project and water supply made available by
Vallecito Reservoir held by the Bureau of Indian Affairs are
protected. Such agreement shall supercede the Memorandum of
Agreement referred to in section 3(b) of this Act.
(6) The submission of a plan by the District to manage the
Project in a manner substantially similar to the manner in
which it was managed prior to the transfer and in accordance
with applicable Federal and State laws, including management
for the preservation of public access and recreational values
and for the prevention of growth on certain lands to be
conveyed hereunder, as set forth in an Agreement dated March
20, 1998, between the District and residents of Vallecito
Reservoir. Any future change in the use of the water supplied
by Vallecito Reservoir shall comply with applicable law.
(7) The development of a flood control plan by the
Secretary of the Army acting through the Corps of Engineers
which shall direct the District in the operation of Vallecito
Dam for such purposes.
(b) Report.--If the transfer authorized in section 3 is not
substantially completed within 18 months from the date of enactment of
this Act, the Secretary, in coordination with the District, shall
promptly provide a report to the Committee on Resources of the House of
Representatives and to the Committee on Energy and Natural Resources of
the Senate on the status of the transfer described in section 3(a), any
obstacles to completion of such transfer, and the anticipated date for
such transfer.
(c) Future Benefits.--Effective upon transfer, the District shall
not be entitled to receive any further Reclamation benefits
attributable to its status as a Reclamation project pursuant to the
Reclamation Act of June 17, 1902, and Acts supplementary thereto or
amendatory thereof.
Passed the Senate October 7 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary. | Pine River Project Conveyance Act - Authorizes the Secretary of the Interior to convey to the Pine River Irrigation District, Colorado, a specified interest of the Pine River Project (a water facilities project which includes the Vallecito Dam and Reservoir in Colorado, along with related easements and appurtenances). Extinguishes upon the conveyance date all current obligations between the District and: (1) the Bureau of Indian Affairs; and (2) the Bureau of Land Management. Requires the District to pay 50 percent of all title transfer costs. Authorizes the Secretary to convey a remaining fractional interest in such Project to the Southern Ute Indian Tribe of Colorado, pursuant to a specified memorandum of understanding.
Provides for: (1) the transfer of certain inundated lands along the Dam and Reservoir; and (2) appropriate administrative jurisdiction over such lands after such transfer.
Prohibits such conveyance until the completion of specified events, including compliance with applicable environmental laws, issuance of a statement by the Ute Tribe to the Secretary that their trust assets have been protected, execution of an agreement acceptable to the Secretary which limits the future liability of the United States relative to the operation of the Project, and development of a flood control plan by the Secretary of the Army which shall direct the District in the operation of the Vallecito Dam for such purpose. Directs the Secretary, if the transfer is not substantially completed within 18 months from the enactment of this Act, to report to specified congressional committees on the transfer's status, obstacles, and anticipated completion date. | {"src": "billsum_train", "title": "Pine River Project Conveyance Act"} | 2,973 | 352 | 0.617892 | 2.043237 | 0.785434 | 3.239865 | 8.85473 | 0.922297 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Newborn Screening Saves Lives Act of
2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Currently, it is possible to test for at least 30
disorders through newborn screening.
(2) There is a lack of uniform newborn screening throughout
the United States. While a newborn with a debilitating
condition may receive screening, early detection, and treatment
in one location, in another location the condition may go
undetected and result in catastrophic consequences.
(3) Each year more than 4,000,000 babies are screened to
detect conditions that may threaten their long-term health.
(4) There are more than 2,000 babies born every year in the
United States with detectable and treatable disorders that go
unscreened through newborn screening.
SEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.
Part Q of title III of the Public Health Service Act (42 U.S.C.
280h et seq.) is amended by adding at the end the following:
``SEC. 399AA. NEWBORN SCREENING.
``(a) Authorization of Grant Programs.--
``(1) Grants to assist health care professionals.--From
funds appropriated under subsection (h), the Secretary, acting
through the Associate Administrator of the Maternal and Child
Health Bureau of the Health Resources and Services
Administration (referred to in this section as the `Associate
Administrator') and in consultation with the Advisory Committee
on Heritable Disorders in Newborns and Children (referred to in
this section as the `Advisory Committee'), shall award grants
to eligible entities to enable such entities to assist in
providing health care professionals and State health department
laboratory personnel with--
``(A) education in newborn screening; and
``(B) training in--
``(i) relevant and new technologies in
newborn screening; and
``(ii) congenital, genetic, and metabolic
disorders.
``(2) Grants to assist families.--From funds appropriated
under subsection (h), the Secretary, acting through the
Associate Administrator and in consultation with the Advisory
Committee, shall award grants to eligible entities to enable
such entities to develop and deliver educational programs about
newborn screening to parents, families, and patient advocacy
and support groups.
``(3) Grants for newborn screening followup.--From funds
appropriated under subsection (h), the Secretary, acting
through the Associate Administrator and in consultation with
the Advisory Committee, shall award grants to eligible entities
to enable such entities to establish, maintain, and operate a
system to assess and coordinate treatment relating to
congenital, genetic, and metabolic disorders.
``(b) Application.--An eligible entity that desires to receive a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require.
``(c) Selection of Grant Recipients.--
``(1) In general.--Not later than 120 days after receiving
an application under subsection (b), the Secretary, after
considering the approval factors under paragraph (2), shall
determine whether to award the eligible entity a grant under
this section.
``(2) Approval factors.--
``(A) Requirements for approval.--An application
submitted under subsection (b) may not be approved by
the Secretary unless the application contains
assurances that the eligible entity--
``(i) will use grant funds only for the
purposes specified in the approved application
and in accordance with the requirements of this
section; and
``(ii) will establish such fiscal control
and fund accounting procedures as may be
necessary to assure proper disbursement and
accounting of Federal funds paid to the
eligible entity under the grant.
``(B) Existing programs.--Prior to awarding a grant
under this section, the Secretary shall--
``(i) conduct an assessment of existing
educational resources and training programs and
coordinated systems of followup care with
respect to newborn screening; and
``(ii) take all necessary steps to minimize
the duplication of the resources and programs
described in clause (i).
``(d) Coordination.--The Secretary shall take all necessary steps
to coordinate programs funded with grants received under this section.
``(e) Use of Grant Funds.--
``(1) Grants to assist health care professionals.--An
eligible entity that receives a grant under subsection (a)(1)
may use the grant funds to work with appropriate medical
schools, nursing schools, schools of public health, internal
education programs in State agencies, nongovernmental
organizations, and professional organizations and societies to
develop and deliver education and training programs that
include--
``(A) continuing medical education programs for
health care professionals and State health department
laboratory personnel in newborn screening;
``(B) education, technical assistance, and training
on new discoveries in newborn screening and the use of
any related technology;
``(C) models to evaluate what a newborn should be
screened for and when and where that screening should
take place;
``(D) models to evaluate the prevalence of, and
assess and communicate the risks of, newborn disorders,
including the prevalence and risk of certain newborn
disorders based on family history;
``(E) models to communicate effectively with
parents and families about--
``(i) the process and benefits of newborn
screening;
``(ii) how to use information gathered from
newborn screening;
``(iii) the meaning of screening results,
including the rate of false positives;
``(iv) the right of refusal of newborn
screening; and
``(v) the potential need for followup care
after newborns are screened;
``(F) information and resources on coordinated
systems of followup care after newborns are screened;
``(G) information on the disorders for which States
require and offer newborn screening and options for
newborn screening relating to conditions in addition to
such disorders;
``(H) information on supplemental newborn screening
that the States do not require and offer but that
parents may want; and
``(I) other items to carry out the purpose
described in subsection (a)(1) as determined
appropriate by the Secretary.
``(2) Grants to assist families.--An eligible entity that
receives a grant under subsection (a)(2) may use the grant
funds to develop and deliver to parents, families, and patient
advocacy and support groups, educational programs about newborn
screening that include information on--
``(A) what is newborn screening;
``(B) how newborn screening is performed;
``(C) who performs newborn screening;
``(D) where newborn screening is performed;
``(E) the disorders for which the State requires
newborns to be screened;
``(F) different options for newborn screening for
disorders other than those included by the State in the
mandated newborn screening program;
``(G) the meaning of various screening results
including the rate of false positives;
``(H) the prevalence and risk of newborn disorders,
including the increased risk of disorders that may stem
from family history;
``(I) coordinated systems of followup care after
newborns are screened; and
``(J) other items to carry out the purpose
described in subsection (a)(2) as determined
appropriate by the Secretary.
``(3) Grants for quality newborn screening followup.--An
eligible entity that receives a grant under subsection (a)(3)
shall use the grant funds to--
``(A) expand on existing procedures and systems,
where appropriate and available, for the timely
reporting of newborn screening results to individuals,
families, primary care physicians, and subspecialists
in congenital, genetic, and metabolic disorders;
``(B) coordinate ongoing followup treatment with
individuals, families, primary care physicians, and
subspecialists in congenital, genetic, and metabolic
disorders after a newborn receives an indication of the
presence of a disorder on a screening test;
``(C) ensure the seamless integration of
confirmatory testing, tertiary care medical services,
comprehensive genetic services including genetic
counseling, and information about access to developing
therapies by participation in approved clinical trials
involving the primary health care of the infant;
``(D) analyze data, if appropriate and available,
collected from newborn screenings to identify
populations at risk for disorders affecting newborns,
examine and respond to health concerns, recognize and
address relevant environmental, behavioral,
socioeconomic, demographic, and other relevant risk
factors; and
``(E) carry out such other activities as the
Secretary may determine necessary.
``(f) Reports to Congress.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall submit to the appropriate committees of Congress
reports--
``(A) evaluating the effectiveness and the impact
of the grants awarded under this section--
``(i) in promoting newborn screening--
``(I) education and resources for
families; and
``(II) education, resources, and
training for health care professionals;
``(ii) on the successful diagnosis and
treatment of congenital, genetic, and metabolic
disorders; and
``(iii) on the continued development of
coordinated systems of followup care after
newborns are screened;
``(B) describing and evaluating the effectiveness
of the activities carried out with grant funds received
under this section; and
``(C) that include recommendations for Federal
actions to support--
``(i) education and training in newborn
screening; and
``(ii) followup care after newborns are
screened.
``(2) Timing of reports.--The Secretary shall submit--
``(A) an interim report that includes the
information described in paragraph (1), not later than
30 months after the date on which the first grant funds
are awarded under this section; and
``(B) a subsequent report that includes the
information described in paragraph (1), not later than
60 months after the date on which the first grant funds
are awarded under this section.
``(g) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a State or a political subdivision of a State;
``(2) a consortium of 2 or more States or political
subdivisions of States;
``(3) a territory;
``(4) an Indian tribe or a hospital or outpatient health
care facility of the Indian Health Service; or
``(5) a nongovernmental organization with appropriate
expertise in newborn screening, as determined by the Secretary.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $15,000,000 for fiscal year 2005; and
``(2) such sums as may be necessary for each of fiscal
years 2006 through 2009.''. | Newborn Screening Saves Lives Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration, to awards grants to eligible entities to: (1) provide education and training in newborn screening and congenital, genetic, and metabolic disorders to health care professionals and State health department laboratory personnel; (2) develop educational programs about newborn screening for parents, families, and parents advocacy and support groups; and (3) establish, maintain, and operate a system to assess and coordinate treatment relating to congenital, genetic, and metabolic disorders. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish grant programs to provide for education and outreach on newborn screening and coordinated followup care once newborn screening has been conducted, and for other purposes."} | 2,342 | 139 | 0.66433 | 1.790233 | 0.676821 | 4.813953 | 17.806202 | 0.968992 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Railroad Administration
Performance, Personnel, and Enforcement Act of 1996''.
SEC. 2. REGIONAL SAFETY OFFICES.
Section 103(a) of title 49, United States Code, is amended by
striking the second and third sentences.
SEC. 3. ADMINISTRATOR'S QUALIFICATIONS.
Section 103(b) of title 49, United States Code, is amended by
inserting after ``consent of the Senate.'' the following new sentence:
``The Administrator shall be appointed on the basis of technical
qualification, professional standing, and demonstrated knowledge in
transportation, transportation regulation, or transportation safety.''.
SEC. 4. CONSULTATION WITH FEDERAL TRANSIT ADMINISTRATION.
Section 103(c) of title 49, United States Code, is amended by
inserting after paragraph (2) the following:
``The Administrator shall consult with the Federal Transit
Administration on all commuter rail passenger service matters within
the jurisdiction of the Administrator, and shall establish procedures
for regular oversight of such matters.''.
SEC. 5. FINAL AGENCY ACTION.
Subsection (d) of section 103 of title 49, United States Code, is
amended to read as follows:
``(d) A decision of the Administrator in carrying out a duty or
power specified by subsection (c)(1) and involving notice and hearing
required by law is administratively final. A failure by the Secretary,
by the Administrator, or by any person acting on behalf of the
Secretary or the Administrator, to comply with a statutory deadline for
regulatory action within the jurisdiction of the Administration shall
be considered a final agency action for purposes of judicial review.''.
SEC. 6. STUDY OF RULEMAKING PROCESS.
The Comptroller General shall, before October 1, 1997, complete and
transmit to the Congress a report detailing the results of a study of
the rulemaking process employed by the Federal Railroad Administration.
The study shall address--
(1) the adequacy of resources devoted to that rulemaking
process; and
(2) improvements that could be made in that process,
including achieving timely issuance of regulations required by
statute and adhering to statutory deadlines.
SEC. 7. CONVERSION OF HOURS OF SERVICE PROVISIONS TO ADMINISTRATIVE
REGULATIONS.
(a) Repeal.--(1) Chapter 211 of title 49, United States Code, and
the item relating thereto in the table of chapters of subtitle V of
title 49, are repealed.
(2) Paragraph (1) shall take effect on October 1, 1996.
(b) Conversion to Administrative Regulations.--On the repeal of
chapter 211 under subsection (a), the provisions of sections 21101
through 21107 of that chapter shall continue in effect with full force
and effect as if issued as administrative regulations by the Secretary
of Transportation under that chapter. Such provisions, and any
regulations issued by the Secretary relating thereto, shall be subject
to modification to the full extent of the Secretary's authority over
railroad safety matters under section 20103(a) of title 49, United
States Code.
SEC. 8. HOURS OF SERVICE PILOT PROJECTS.
(a) Amendment.--Chapter 201 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 20154. Hours of service pilot projects
``(a) Authority.--The Secretary of Transportation may approve the
implementation of pilot projects to demonstrate the possible benefits
of implementing alternatives to the strict application of the
requirements of chapter 211, regulations issued thereunder, and
successor regulations thereto, including requirements concerning
maximum on-duty and minimum off-duty periods. If, as of August 1, 1996,
less than 3 such projects are underway with projected completion dates
of not later than June 30, 1998, the Secretary shall order the
implementation of sufficient projects to ensure that at least 3 such
projects are underway no later than December 1, 1996.
``(b) Report.--Not later than June 30, 1998, the Secretary shall
transmit to the Congress a report that--
``(1) explains and analyzes the effectiveness of all pilot
projects established pursuant to subsection (a); and
``(2) recommends appropriate modifications to the
Secretary's hours of service regulations.''.
(b) Conforming Amendment.--The table of sections of chapter 201 of
title 49, United States Code, is amended by adding at the end the
following new item:
``20154. Hours of service pilot projects.''.
SEC. 9. TRAIN CONTROL SYSTEMS REPORTS.
(a) Amendment.--Chapter 201 of title 49, United States Code, as
amended by section 8 of this Act, is further amended by adding at the
end the following new section:
``Sec. 20155. Train control systems reports
``(a) Application of Train Control Systems to Commuter Corridors.--
Not later than December 31, 1997, the Secretary of Transportation shall
transmit to the Congress a report--
``(1) evaluating the current state of train control
technology suitable for application to commuter rail corridors;
and
``(2) proposing a practicable schedule for the installation
of such train control technology on key commuter rail
corridors.
``(b) Application of Advanced Train Control to the National Rail
Freight System.--Not later than June 30, 1998, the Secretary shall
transmit to the Congress a report--
``(1) evaluating the suitability of advanced train control
systems (including systems that employ radio frequency data
links and systems using the Global Positioning System) for
immediate use where appropriate on freight railroads' route
systems;
``(2) outlining a feasible schedule for installation of any
such suitable systems on major rail freight corridors; and
``(3) evaluating the costs and benefits of advanced train
control systems, including business benefits.''.
(b) Conforming Amendment.--The table of sections of chapter 201 of
title 49, United States Code, is amended by adding at the end the
following new item:
``20155. Train control systems reports.''.
SEC. 10. RAIL SAFETY PERFORMANCE-BASED STANDARDS.
(a) Amendment.--Section 20103 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(g) Performance-Based Standards.--The Secretary shall, to the
maximum extent feasible, adopt performance-based standards for
achieving rail safety in all activities to which this part applies. The
Secretary shall adopt a performance-based standard whenever--
``(1) the performance-based standard can reasonably be
expected to achieve an equal or greater level of safety than
alternative proposed or existing standards; and
``(2) the administrative and enforcement costs are not
significantly greater than those of other types of
standards.''.
(b) Report.--Not later than June 30, 1998, the Secretary of
Transportation shall transmit to the Congress a report on progress made
in implementing section 20103(g). Such report shall include an estimate
of the savings achieved, as a result of such implementation, in
administering rail safety programs as of the reporting date, as well as
a projection of savings expected to be achieved for each fiscal year
through September 30, 2002. Such report shall also include an analysis
of the effects of adopting performance-based standards on--
(1) railroad safety; and
(2) administrative and enforcement costs. | Federal Railroad Administration Performance, Personnel, and Enforcement Act of 1996 - Amends Federal transportation law with respect to the Federal Railroad Administration (FRA). Specifies general qualifications for the FRA Administrator. Makes administratively final any decision of the Administrator made in carrying out specified duties or powers and involving notice and hearing. Deems a final agency action any failure by the Secretary of Transportation, the Administrator, or by any person acting on behalf of one or the other to comply with a statutory deadline for regulatory action.
Directs the Comptroller General to study and report to the Congress on the FRA's rulemaking process.
Repeals hours of service requirements, converting them to administrative regulations subject to modification by the Secretary.
Authorizes the Secretary to approve pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of such hours of service requirements and any subsequent regulations, including maximum and minimum off-duty period requirements.
Requires the Secretary to report to the Congress on the application of: (1) train control systems to commuter corridors; and (2) advanced train control to the National Rail Freight System.
Directs the Secretary to adopt performance-based rail safety standards, and report to the Congress on progress in implementing them. | {"src": "billsum_train", "title": "Federal Railroad Administration Performance, Personnel, and Enforcement Act of 1996"} | 1,620 | 266 | 0.588693 | 1.712119 | 0.95851 | 3.327801 | 6.253112 | 0.896266 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Teaching Mobility Act''.
SEC. 2. PROGRAM FOR INTERSTATE TEACHING APPLICATIONS.
Title II of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6601 et seq.) is amended by adding at the end the following:
``PART D--INTERSTATE TEACHING APPLICATIONS
``SEC. 2401. PROGRAM FOR INTERSTATE TEACHING APPLICATIONS.
``(a) Establishment.--The Secretary, in consultation with an
eligible entity, may establish and carry out a program to allow States
to voluntarily participate in an interstate teaching application
process that allows teachers who are licensed or certified in any
participating State--
``(1) to be eligible for licensure or certification in
other participating States without subsequently completing
additional licensure or certification requirements; and
``(2) to be able to apply for open teaching positions in
schools that receive funds under part A of title I in other
participating States, unless the open position falls outside
the applicant's content area or grade level for which the
applicant is already licensed or certified.
``(b) Program Requirements.--In carrying out a program established
under subsection (a), the Secretary, in consultation with an eligible
entity, shall--
``(1) create an application for eligible teachers licensed
or certified in a State participating in the program who wish
to teach in other States participating in the program;
``(2) require each participating State to recognize a
teaching licensure or certification of each such teacher who
meets the application requirements under subsection (c)(1), and
allow such teacher to teach in an open teaching position
described in subsection (a)(2), without requiring such teacher
to complete additional requirements for licensure or
certification;
``(3) ensure that participating States maintain the
eligibility requirements described in subsection (d);
``(4) provide technical assistance to participating States;
and
``(5) provide an electronic application process for
teachers to apply for the program.
``(c) Participating Teachers.--
``(1) In general.--Each teacher seeking to participate in a
program established under subsection (a) shall submit an
application containing--
``(A) proof of an active teaching license or
certification in a participating State;
``(B) the teacher's results on each of the
assessments described in subparagraphs (A) through (C)
of subsection (d)(1) that are required by the initial
licensing or certifying participating State; and
``(C) such other information as the Secretary
considers appropriate.
``(2) Contract.--The eligible entity referred to in
subsections (a) and (b) shall collect and assist the Secretary
in reviewing the teacher applications submitted under paragraph
(1).
``(d) Participating States.--A State shall be eligible to
participate in a program established under subsection (a) if--
``(1) such State, in awarding a teaching license or
certification to an individual, requires--
``(A) an assessment of the content knowledge
necessary for postsecondary education and a career
before a teacher begins teaching in a classroom;
``(B) an assessment of pedagogical skills not later
than 1 year after the date on which a teacher first
begins teaching in a classroom; and
``(C) a performance assessment not later than one
year after the date on which a teacher first begins
teaching, which may include a performance assessment
completed as part of a teacher preparation program; and
``(2) the assessments described in paragraph (1) and
required by such State are identified as sufficiently rigorous
by an organization such as the Council of Chief State School
Officers.
``(e) Regulations.--The Secretary may issue such regulations as the
Secretary considers necessary to carry out this section.
``(f) Definition.--In this section, the term `eligible entity'
means an organization or other entity that provides support to States
and teachers in teacher certification and licensure, approved by the
Secretary.''.
SEC. 3. CLERICAL AMENDMENT.
The table of contents for the Elementary and Secondary Education
Act of 1965 is amended by inserting after the item relating to section
2302 the following:
``Part D--Interstate Teaching Applications
``Sec. 2401. Program for interstate teaching applications.''. | Interstate Teaching Mobility Act This bill amends the Elementary and Secondary Education Act of 1965 to establish a voluntary interstate teaching application program for participating states. To participate in the program, a state must require sufficiently rigorous assessments in awarding a teaching license or certification. In carrying out the program, the Department of Education shall: create an electronic application process for eligible teachers who are licensed or certified in a participating state to apply for teaching positions in another participating state; require a participating state to recognize the teaching licensure or certification of each such teacher without the teacher having to complete additional licensure or certification requirements; ensure that a participating state maintains specified eligibility requirements; and provide technical assistance. A teacher seeking to participate in the program must submit an application containing: (1) proof of active licensure or certification in a participating state, and (2) the teacher's results on specified assessments. | {"src": "billsum_train", "title": "Interstate Teaching Mobility Act"} | 965 | 240 | 0.716114 | 1.908323 | 0.791622 | 3.018293 | 5.506098 | 0.884146 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Credits for Jobs Now Act of
2012''.
SEC. 2. CREDIT FOR INCREASING EMPLOYMENT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36B the following new section:
``SEC. 36C. CREDIT FOR INCREASING EMPLOYMENT.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle--
``(1) for any taxable year beginning in 2012, an amount
equal to 60 percent of the excess of--
``(A) the aggregate wages paid during 2012, over
``(B) the aggregate wages paid during 2011, and
``(2) for any taxable year beginning in 2013, an amount
equal to 40 percent of the excess of--
``(A) the aggregate wages paid during 2013, over
``(B) the aggregate inflation-adjusted wages paid
during 2012.
``(b) Maximum Credit.--The amount of the credit allowable under
this section for any employer with respect to any calendar year shall
not exceed $500,000.
``(c) Minimum Preceding Year Wages.--For purposes of subsection
(a)--
``(1) the amount taken into account under paragraph (1)(B)
thereof shall not be less than 50 percent of the amount
described in paragraph (1)(A) thereof, and
``(2) the amount taken into account under paragraph (2)(B)
thereof shall not be less than 50 percent of the amount
described in paragraph (2)(A) thereof.
``(d) Total Wages Must Increase.--The amount of credit allowed
under this section for any taxable year shall not exceed the amount
which would be so allowed for such year (without regard to subsection
(c)) if--
``(1) the aggregate amounts taken into account as wages
were determined without any dollar limitation, and
``(2) 103 percent of the amount of wages otherwise required
to be taken into account under subsection (a)(1)(B) or
subsection (a)(2)(B), as the case may be, were taken into
account.
``(e) Wages; Inflation-Adjusted Wages.--For purposes of this
section:
``(1) In general.--Except as provided in paragraph (2), the
term `wages' has the meaning given to such term by section
3306(b).
``(2) Railway and agricultural labor.--Rules similar to the
rules of section 51(h) shall apply for purposes of this
section.
``(3) Inflation-adjusted wages.--The term `inflation-
adjusted wages' means the aggregate wages paid during 2012
increased by an amount equal to--
``(A) such aggregate wages, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for 2012, determined by
substituting `calendar year 2010' for `calendar year
1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded in such manner as the Secretary shall prescribe.
``(f) Special Rules.--
``(1) Adjustments for certain acquisitions, etc.--
``(A) Acquisitions.--If, after December 31, 2010,
an employer acquires the major portion of a trade or
business of another person (hereinafter in this
subparagraph referred to as the `predecessor') or the
major portion of a separate unit of a trade or business
of a predecessor, then, for purposes of applying this
section for any calendar year ending after such
acquisition, the amount of wages deemed paid by the
employer during periods before such acquisition shall
be increased by so much of such wages paid by the
predecessor with respect to the acquired trade or
business as is attributable to the portion of such
trade or business acquired by the employer.
``(B) Dispositions.--If, after December 31, 2010--
``(i) an employer disposes of the major
portion of any trade or business of the
employer or the major portion of a separate
unit of a trade or business of the employer in
a transaction to which subparagraph (A)
applies, and
``(ii) the employer furnishes the acquiring
person such information as is necessary for the
application of subparagraph (A),
then, for purposes of applying this section for any
calendar year ending after such disposition, the amount
of wages deemed paid by the employer during periods
before such disposition shall be decreased by so much
of such wages as is attributable to such trade or
business or separate unit.
``(2) Change in status from self-employed to employee.--
If--
``(A) during 2011 or 2012 an individual has net
earnings from self-employment (as defined in section
1402(a)) which are attributable to a trade or business,
and
``(B) for any portion of the succeeding calendar
year such individual is an employee of such trade or
business,
then, for purposes of determining the credit allowable for a
taxable year beginning in such succeeding calendar year, the
employer's aggregate wages for 2011 or 2012, as the case may
be, shall be increased by an amount equal to so much of the net
earnings referred to in subparagraph (A) as does not exceed the
median household income in the United States for 2011 or 2012,
as the case may be.
``(3) Certain other rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 51(f) (relating to remuneration must
be for trade or business employment).
``(B) Section 51(i)(1) (relating to related
individuals ineligible).
``(C) Section 51(k) (relating to treatment of
successor employers; treatment of employees performing
services for other persons).
``(D) Section 52 (relating to special rules).
``(4) Short taxable years.--If the employer has more than 1
taxable year beginning in 2012 or 2013, the credit under this
section shall be determined for the employer's last taxable
year beginning in 2012 or 2013, as the case may be.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``36C(a),'' before ``45A(a)''.
(c) Conforming Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36C,'' after ``36B,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 36B the following new item:
``Sec. 36C. Credit for increasing employment.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011. | Tax Credits for Jobs Now Act of 2012 - Amends the Internal Revenue Code to allow employers a refundable tax credit for: (1) 60% of the excess of the aggregate wages paid to employees during 2012 over the aggregate wages paid during 2011, and (2) 40% of the excess of such wages paid during 2013 over the aggregate inflation-adjusted wages paid during 2012. Limits the maximum amount of such credit to $500,000 in any calendar year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow employers a refundable credit for increasing employment."} | 1,579 | 93 | 0.625198 | 1.523875 | 1.193165 | 3.393258 | 16.303371 | 0.94382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repeal Existing Policies that
Encourage and Allow Legal HIV Discrimination Act of 2013'' or the
``REPEAL HIV Discrimination Act of 2013''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) At present, 32 States and 2 United States territories
have criminal statutes based on perceived exposure to HIV,
rather than actual transmission of HIV to another. Thirteen
States have HIV-specific laws that make spitting or biting a
felony, even though it is not possible to transmit HIV via
saliva.
(2) According to the Centers for Disease Control and
Prevention (CDC), HIV is only transmitted through blood, semen,
vaginal fluid, and breast milk.
(3) Prosecutions for perceived exposure, nondisclosure, or
unintentional transmission of HIV have occurred in at least 39
States under general or HIV-specific laws.
(4) Even in the absence of HIV transmission, people living
with HIV have been given sentences of up to 35 years based on
exaggerated fears of HIV, regardless of actual risk of
transmission.
(5) State and Federal criminal law does not currently
reflect the three decades of medical advances and discoveries
made with regard to transmission and treatment of HIV.
(6) According to CDC, correct and consistent male or female
condom use is very effective in preventing HIV transmission.
However, most State HIV-specific laws and prosecutions do not
treat the use of a condom during sexual intercourse as a
mitigating factor or evidence that the defendant did not intend
to transmit HIV.
(7) Criminal laws and prosecutions do not take into account
the benefits of effective antiretroviral medications, which
reduce the HIV virus to undetectable levels and further reduce
the already low risk of transmitting the HIV to near-zero.
(8) Although HIV/AIDS currently is viewed as a treatable,
chronic, medical condition, people living with HIV have been
charged under aggravated assault, attempted murder, and even
bioterrorism statutes because prosecutors, courts, and
legislators continue to view and characterize the blood, semen,
and saliva of people living with HIV as a ``deadly weapon''.
(9) Multiple peer-reviewed studies demonstrate that HIV-
specific laws do not reduce risk-taking behavior or increase
disclosure by people living with or at risk of HIV, and there
is increasing evidence that these laws reduce the willingness
to get tested. Furthermore, placing legal responsibility for
preventing the transmission of HIV and other pathogens
exclusively on people diagnosed with HIV, and without
consideration of other pathogens that can be sexually
transmitted, undermines the public health message that all
people should practice behaviors that protect themselves and
their partners from HIV and other sexually transmitted
diseases.
(10) The identity of an individual accused of violating
existing HIV-specific restrictions is broadcast through media
reports, potentially destroying employment opportunities and
relationships and violating the person's right to privacy.
(11) Individuals who are convicted for HIV exposure,
nondisclosure, or transmission often must register as sex
offenders even in cases of consensual sexual activity. Their
employability is destroyed and their family relationships are
fractured.
(12) The United Nations, including the Joint United Nations
Programme on HIV/AIDS (UNAIDS), urges governments to ``limit
criminalization to cases of intentional transmission. Such
requirement indicates a situation where a person knows his or
her HIV-positive status, acts with the intention to transmit
HIV, and does in fact transmit it''. UNAIDS also recommends
that criminal law should not be applied to cases where there is
no significant risk of transmission.
(13) The Global Commission on HIV and the Law was launched
in June 2010 to examine laws and practices that criminalize
people living with and vulnerable to HIV and to develop
evidence-based recommendations for effective HIV responses. The
Commission calls for ``governments, civil society and
international bodies to repeal punitive laws and enact laws
that facilitate and enable effective responses to HIV
prevention, care and treatment services for all who need
them''. The Commission recommends against the enactment of
``laws that explicitly criminalise HIV transmission, exposure
or non-disclosure of HIV status, which are counterproductive''.
(14) In 2010, the President released a National HIV/AIDS
Strategy (NHAS), which addressed HIV-specific criminal laws,
stating: ``[W]hile we understand the intent behind [these]
laws, they may not have the desired effect and they may make
people less willing to disclose their status by making people
feel at even greater risk of discrimination. In some cases, it
may be appropriate for legislators to reconsider whether
existing laws continue to further the public interest and
public health. In many instances, the continued existence and
enforcement of these types of laws run counter to scientific
evidence about routes of HIV transmission and may undermine the
public health goals of promoting HIV screening and
treatment.''. The NHAS also states that State legislatures
should consider reviewing HIV-specific criminal statutes to
ensure that they are consistent with current knowledge of HIV
transmission and support public health approaches to preventing
and treating HIV.
(15) In February 2013, the President's Advisory Council on
AIDS (PACHA) passed a resolution stating ``all U.S. law should
be consistent with current medical and scientific knowledge and
accepted human rights-based approaches to disease control and
prevention and avoid imposition of unwarranted punishment based
on health and disability status''.
SEC. 3. SENSE OF CONGRESS REGARDING LAWS OR REGULATIONS DIRECTED AT
PEOPLE LIVING WITH HIV/AIDS.
It is the sense of Congress that Federal and State laws, policies,
and regulations regarding people living with HIV/AIDS--
(1) should not place unique or additional burdens on such
individuals solely as a result of their HIV status; and
(2) should instead demonstrate a public health-oriented,
evidence-based, medically accurate, and contemporary
understanding of--
(A) the multiple factors that lead to HIV
transmission;
(B) the relative risk of demonstrated HIV
transmission routes;
(C) the current health implications of living with
HIV;
(D) the associated benefits of treatment and
support services for people living with HIV; and
(E) the impact of punitive HIV-specific laws,
policies, regulations, and judicial precedents and
decisions on public health, on people living with or
affected by HIV, and on their families and communities.
SEC. 4. REVIEW OF FEDERAL AND STATE LAWS.
(a) Review of Federal and State Laws.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Attorney General, the Secretary
of Health and Human Services, and the Secretary of Defense
acting jointly (in this section referred to as the ``designated
officials'') shall initiate a national review of Federal and
State laws, policies, regulations, and judicial precedents and
decisions regarding criminal and related civil commitment cases
involving people living with HIV/AIDS, including in regard to
the Uniform Code of Military Justice.
(2) Consultation.--In carrying out the review under
paragraph (1), the designated officials shall seek to include
diverse participation from, and consultation with, each of the
following:
(A) Each State.
(B) State attorneys general (or their
representatives).
(C) State public health officials (or their
representatives).
(D) State judicial and court system officers,
including judges, district attorneys, prosecutors,
defense attorneys, law enforcement, and correctional
officers.
(E) Members of the United States Armed Forces,
including members of other Federal services subject to
the Uniform Code of Military Justice.
(F) People living with HIV/AIDS, particularly those
who have been subject to HIV-related prosecution or who
are from communities whose members have been
disproportionately subject to HIV-specific arrests and
prosecution.
(G) Legal advocacy and HIV/AIDS service
organizations that work with people living with HIV/
AIDS.
(H) Nongovernmental health organizations that work
on behalf of people living with HIV/AIDS.
(I) Trade organizations or associations
representing persons or entities described in
subparagraphs (A) through (G).
(3) Relation to other reviews.--In carrying out the review
under paragraph (1), the designated officials may utilize other
existing reviews of criminal and related civil commitment cases
involving people living with HIV/AIDS, including any such
review conducted by any Federal or State agency or any public
health, legal advocacy, or trade organization or association if
the designated officials determine that such reviews were
conducted in accordance with the principles set forth in
section 3.
(b) Report.--Not later than 180 days after initiating the review
required by subsection (a), the Attorney General shall transmit to the
Congress and make publicly available a report containing the results of
the review, which includes the following:
(1) For each State and for the Uniform Code of Military
Justice, a summary of the relevant laws, policies, regulations,
and judicial precedents and decisions regarding criminal cases
involving people living with HIV/AIDS, including the following:
(A) A determination of whether such laws, policies,
regulations, and judicial precedents and decisions
place any unique or additional burdens upon people
living with HIV/AIDS.
(B) A determination of whether such laws, policies,
regulations, and judicial precedents and decisions
demonstrate a public health-oriented, evidence-based,
medically accurate, and contemporary understanding of--
(i) the multiple factors that lead to HIV
transmission;
(ii) the relative risk of HIV transmission
routes;
(iii) the current health implications of
living with HIV;
(iv) the associated benefits of treatment
and support services for people living with
HIV; and
(v) the impact of punitive HIV-specific
laws and policies on public health, on people
living with or affected by HIV, and on their
families and communities.
(C) An analysis of the public health and legal
implications of such laws, policies, regulations, and
judicial precedents and decisions, including an
analysis of the consequences of having a similar penal
scheme applied to comparable situations involving other
communicable diseases.
(D) An analysis of the proportionality of
punishments imposed under HIV-specific laws, policies,
regulations, and judicial precedents, taking into
consideration penalties attached to violation of State
laws against similar degrees of endangerment or harm,
such as driving while intoxicated (DWI) or transmission
of other communicable diseases, or more serious harms,
such as vehicular manslaughter offenses.
(2) An analysis of common elements shared between State
laws, policies, regulations, and judicial precedents.
(3) A set of best practice recommendations directed to
State governments, including State attorneys general, public
health officials, and judicial officers, in order to ensure
that laws, policies, regulations, and judicial precedents
regarding people living with HIV/AIDS are in accordance with
the principles set forth in section 3.
(4) Recommendations for adjustments to the Uniform Code of
Military Justice, as may be necessary, in order to ensure that
laws, policies, regulations, and judicial precedents regarding
people living with HIV/AIDS are in accordance with the
principles set forth in section 3.
(c) Guidance.--Within 90 days of the release of the report required
by subsection (b), the Attorney General and the Secretary of Health and
Human Services, acting jointly, shall develop and publicly release
updated guidance for States based on the set of best practice
recommendations required by subsection (b)(3) in order to assist States
dealing with criminal and related civil commitment cases regarding
people living with HIV/AIDS.
(d) Monitoring and Evaluation System.--Within 60 days of the
release of the guidance required by subsection (c), the Attorney
General and the Secretary of Health and Human Services, acting jointly,
shall establish an integrated monitoring and evaluation system which
includes, where appropriate, objective and quantifiable performance
goals and indicators to measure progress toward statewide
implementation in each State of the best practice recommendations
required in subsection (b)(3).
(e) Modernization of Federal Laws, Policies, and Regulations.--
Within 90 days of the release of the report required by subsection (b),
the designated officials shall develop and transmit to the President
and the Congress, and make publicly available, such proposals as may be
necessary to implement adjustments to Federal laws, policies, or
regulations, including to the Uniform Code of Military Justice, based
on the recommendations required by subsection (b)(4), either through
Executive order or through changes to statutory law.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to discourage the
prosecution of individuals who intentionally transmit or attempt to
transmit HIV to another individual.
SEC. 6. NO ADDITIONAL APPROPRIATIONS AUTHORIZED.
This Act shall not be construed to increase the amount of
appropriations that are authorized to be appropriated for any fiscal
year.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) HIV and hiv/aids.--The terms ``HIV'' and ``HIV/AIDS''
have the meanings given to such terms in section 2689 of the
Public Health Service Act (42 U.S.C. 300ff-88).
(2) State.--The term ``State'' includes the District of
Columbia, American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, and the United States
Virgin Islands. | Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2013 or the REPEAL HIV Discrimination Act of 2013 - Expresses the sense of Congress that federal and state laws, policies, and regulations regarding people living with HIV/AIDS should: (1) not place unique or additional burdens on such individuals solely as a result of their HIV status; and (2) demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of HIV transmission, health implications, treatment, and the impact of punitive HIV-specific laws, policies, regulations, and judicial precedents and decisions on public health and on affected people, families, and communities. Directs: (1) the Attorney General (AG), Secretary of Health and Human Services (HHS), and Secretary of Defense (DOD) to initiate a national review of federal (including military) and state laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV/AIDS; and (2) the AG to transmit to Congress and make publicly available the results of such review with related recommendations. Requires the AG and HHS Secretary to: (1) develop and publicly release guidance and best practice recommendations for states, and (2) establish an integrated monitoring and evaluation system to measure state progress. Directs the AG and HHS and DOD Secretaries to transmit to the President and Congress any proposals necessary to implement adjustments to federal laws, policies, or regulations. Prohibits this Act from being construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual. | {"src": "billsum_train", "title": "REPEAL HIV Discrimination Act of 2013"} | 2,894 | 342 | 0.516647 | 1.769084 | 0.741666 | 5.28754 | 8.99361 | 0.948882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Outsourcing Security Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States is increasingly relying on private
security contractors to perform mission critical and emergency
essential functions that historically have been performed by
United States military or government personnel.
(2) The number of private security contractors in Iraq is
reported to be at least 48,000 and Department of State funding
for private security and law enforcement contractors is
estimated to have increased from $1,000,000,000 to
$4,000,000,000.
(3) The Congressional Research Service reports that about
one-quarter of private security contractors are third-party
nationals.
(4) On October 18, 2007, Secretary of Defense Robert Gates
said that the work of many contractors in Iraq was ``at cross-
purposes to our larger mission in Iraq'', and that ``right now
those missions are in conflict ...''.
(5) A December 2006 report by the Government Accountability
Office found multiple deficiencies in the Army's oversight of
contractors in Iraq, including ``limited visibility over
contractors'', a lack of ``adequate contractor oversight
personnel'', and ``little or no training on the use of
contractors''.
(6) The Congress does not have access to security
contracts, the number of private security contractors working
in Iraq, Afghanistan and other combat zones, the number of
contractors who have died or any disciplinary actions taken
against them.
(7) The relationship between the governments of the United
States and Iraq has been negatively impacted by violent
incidents involving private military contractors and Iraqi
citizens, including a December 24, 2006, shooting of the guard
of the Iraqi Vice President and a September 16, 2007, shooting
by Blackwater employees that killed 17 Iraqi citizens and
wounded 24.
(8) The Government of Iraq has demanded that the United
States Government sever all contracts in Iraq with Blackwater
and expel the company from Iraq within six months, highlighting
the danger in relying on private security contractors for
mission critical functions.
(9) The use of private security contractors for mission
critical functions undermines the mission, jeopardizes the
safety of American troops conducting military operations in
Iraq and other combat zones, and should be phased out.
SEC. 3. DEFINITIONS.
In this Act:
(1) Mission critical or emergency essential functions.--The
term ``mission critical or emergency essential functions''--
(A) means--
(i) activities for which continued
performance is considered essential to support
combat systems and operational activities; or
(ii) activities whose delay, absence, or
failure of performance would significantly
affect the broader success or failure of a
military operation; and
(B) includes--
(i) the provision of protective services;
(ii) the provision of security advice and
planning;
(iii) military and police training;
(iv) repair and maintenance for weapons
systems;
(v) prison administration;
(vi) interrogation; and
(vii) intelligence.
(2) Specified congressional committee.--The term
``specified congressional committee'' means each of the
following committees:
(A) The Committees on Armed Services, Oversight and
Government Reform, Appropriations, and Foreign Affairs,
and the Permanent Select Committee on Intelligence, of
the House of Representatives.
(B) The Committees on Armed Services, Homeland
Security and Governmental Affairs, Appropriations, and
Foreign Relations, and the Select Committee on
Intelligence, of the Senate.
SEC. 4. REQUIREMENT FOR GOVERNMENT PERSONNEL TO PERFORM DIPLOMATIC
SECURITY IN IRAQ.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of State shall ensure that all personnel at any
United States diplomatic or consular mission in Iraq are provided
security services only by Federal Government personnel.
SEC. 5. REQUIREMENTS RELATING TO CONTRACTORS PERFORMING MISSION
CRITICAL OR EMERGENCY ESSENTIAL FUNCTIONS IN ALL CONFLICT
ZONES IN WHICH CONGRESS HAS AUTHORIZED THE USE OF FORCE.
(a) Report by President.--
(1) Requirement.--Not later than June 1, 2008, the
President shall submit to each specified congressional
committee a report on the status of planning for the transition
away from the use of private contractors for mission critical
or emergency essential functions by January 1, 2009, in all
conflict zones in which Congress has authorized the use of
force.
(2) Additional matters covered.--If the report states that
the relevant agencies will not be able to transition to
government and military personnel for such functions by January
1, 2009, the President shall include the following in the
report:
(A) A statement of the reasons why the relevant
agencies are unable to do so, the date by which they
will be able to do so, and the plan to ensure that they
will be able to do so by that date.
(B) A certification that--
(i) all contract employees have undergone
background checks to ensure that they do not
have criminal records and have not been accused
of human rights abuses;
(ii) contract employees cannot have been
charged with crime in other employment if that
charge is still pending;
(iii) contract employees are under the
jurisdiction of section 3261 of title 18,
United States Code (relating to military
extraterritorial jurisdiction);
(iv) contract employees, if accused of
crimes by the host country, must remain in
United States custody; and
(v) contracts include whistleblower
protections for employees to provide good faith
information to management, government agencies,
and Congress of any contract violations, human
rights abuses, or criminal actions.
(3) Form of report.--The report required by this subsection
shall be submitted in unclassified form, to the maximum extent
possible, but may contain a classified annex, if necessary.
(b) Examination of Contractor Accounting Practices.--Any individual
or entity under contract with the Federal Government to provide mission
critical or emergency essential functions after January 1, 2009, shall
allow the specified congressional committees to examine their
accounting practices with respect to any such contract quarterly and
upon request.
(c) Requirements Relating to Contract Renewals.--Any contract with
the Federal Government requiring personnel to perform mission critical
or emergency essential functions that is proposed to be renewed after
the date of the enactment of this Act may be renewed only if--
(1) the President reports to the specified congressional
committees that the relevant agency does not have adequate
personnel to perform the duties stipulated in the contract; and
(2) the President certifies that--
(A) all contract employees have undergone
background checks to ensure that they do not have
criminal records and have not been accused of human
rights abuses;
(B) contract employees are under force of law and
cannot have been charged with crime in other employment
if that charge is still pending;
(C) contract employees, if accused of crimes by the
host country, must remain in the custody of the United
States;
(D) the contract includes whistleblower protections
for employees to provide good faith information to
management, government agencies, and Congress of any
contract violations, human rights abuses, or criminal
actions.
SEC. 6. CONGRESSIONAL ACCESS TO CONTRACTS.
(a) Requirement To Allow Congress Access to Copies and Descriptions
of Contracts and Task Orders in Excess of $5,000,000 for Work To Be
Performed in Iraq and Afghanistan.--
(1) Requirement regarding contracts and task orders before
enactment.--The Secretary of Defense, the Secretary of State,
the Secretary of the Interior, and the Administrator of the
United States Agency for International Development shall allow
the chairman and the ranking minority member of each specified
congressional committee access to a copy of, and a description
of the work performed or to be performed under, each contract,
and each task order issued under an existing contract, in an
amount greater than $5,000,000 entered into by the Department
of Defense, the Department of State, the Department of the
Interior, and the Agency for International Development,
respectively, during the period beginning October 1, 2001, and
ending on the last day of the month during which this Act is
enacted for work to be performed in Iraq and Afghanistan.
(2) Form of submissions.--The copies and descriptions
required by paragraph (1) shall be submitted in unclassified
form, to the maximum extent possible, but may contain a
classified annex, if necessary.
(b) Reports on Iraq and Afghanistan Contracts.--The Secretary of
Defense, the Secretary of State, the Secretary of the Interior, and the
Administrator of the United States Agency for International Development
shall each submit to each specified congressional committee a report
not later than 60 days after the date of the enactment of this Act that
contains the following information:
(1) The number of persons performing work in Iraq and
Afghanistan under contracts (and subcontracts at any tier)
entered into by Department of Defense, the Department of State,
the Department of the Interior, and the United States Agency
for International Development, respectively.
(2) The total cost of such contracts.
(3) The total number of persons who have been wounded or
killed in performing work under such contracts.
(4) A description of the disciplinary actions that have
been taken against persons performing work under such contracts
by the contractor, the United States Government, or the
Government of Iraq or Afghanistan. | Stop Outsourcing Security Act - Directs the Secretary of State to ensure that only government personnel provide security services at U.S. diplomatic or consular missions in Iraq.
Requires the President to report to Congress on the status of planning for the use of Government and military personnel instead of private contractors for mission critical or emergency essential functions by January 1, 2009, in all conflict zones where Congress has authorized the use of force.
Authorizes Congress access to contracts and task orders in excess of $5 million entered into by the Department of Defense (DOD), the Department of State, the Department of the Interior, and the United States Agency for International Development (USAID) during the period beginning October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in Iraq and Afghanistan. Requires certain reports to Congress regarding such contracts. | {"src": "billsum_train", "title": "To phase out the use of private military contractors."} | 2,015 | 184 | 0.520055 | 1.5841 | 0.836367 | 6.288235 | 11.429412 | 0.935294 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Access to Savings Act of
2010''.
SEC. 2. DISTRIBUTIONS FROM RETIREMENT PLANS FOR LOSSES BY REASON OF
GULF OIL SPILL.
(a) In General.--Subchapter Y of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IV--GULF OIL SPILL
``SEC. 1400V-1. SPECIAL RULES FOR USE OF RETIREMENT FUNDS.
``(a) Tax-favored Withdrawals From Retirement Plans.--
``(1) In general.--Section 72(t) shall not apply to any
qualified oil spill distribution.
``(2) Aggregate dollar limitation.--
``(A) In general.--For purposes of this subsection,
the aggregate amount of distributions received by an
individual which may be treated as qualified oil spill
distributions for any taxable year shall not exceed the
excess (if any) of--
``(i) $50,000, over
``(ii) the aggregate amounts treated as
qualified oil spill distributions received by
such individual for all prior taxable years.
``(B) Treatment of plan distributions.--If a
distribution to an individual would (without regard to
subparagraph (A)) be a qualified oil spill
distribution, a plan shall not be treated as violating
any requirement of this title merely because the plan
treats such distribution as a qualified oil spill
distribution, unless the aggregate amount of such
distributions from all plans maintained by the employer
(and any member of any controlled group which includes
the employer) to such individual exceeds $50,000.
``(C) Controlled group.--For purposes of
subparagraph (B), the term `controlled group' means any
group treated as a single employer under subsection
(b), (c), (m), or (o) of section 414.
``(3) Amount distributed may be repaid.--
``(A) In general.--Any individual who receives a
qualified oil spill distribution may, at any time
during the 3-year period beginning on the day after the
date on which such distribution was received, make one
or more contributions in an aggregate amount not to
exceed the amount of such distribution to an eligible
retirement plan of which such individual is a
beneficiary and to which a rollover contribution of
such distribution could be made under section 402(c),
403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the
case may be.
``(B) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For
purposes of this title, if a contribution is made
pursuant to subparagraph (A) with respect to a
qualified oil spill distribution from an eligible
retirement plan other than an individual retirement
plan, then the taxpayer shall, to the extent of the
amount of the contribution, be treated as having
received the qualified oil spill distribution in an
eligible rollover distribution (as defined in section
402(c)(4)) and as having transferred the amount to the
eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
``(C) Treatment of repayments for distributions
from iras.--For purposes of this title, if a
contribution is made pursuant to subparagraph (A) with
respect to a qualified oil spill distribution from an
individual retirement plan (as defined by section
7701(a)(37)), then, to the extent of the amount of the
contribution, the qualified oil spill distribution
shall be treated as a distribution described in section
408(d)(3) and as having been transferred to the
eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
``(4) Definitions.--For purposes of this subsection--
``(A) Qualified oil spill distribution.--Except as
provided in paragraph (2), the term `qualified oil
spill distribution' means any distribution from an
eligible retirement plan made on or after April 20,
2010, and before January 1, 2011, to an individual
whose principal place of abode on April 20, 2010, is
located in the State of Florida, Alabama, Mississippi,
Louisiana, or Texas and who has sustained an economic
loss as a result of the explosion on and sinking of the
mobile off shore drilling unit Deepwater Horizon, the
discharge of oil in the Gulf of Mexico caused by such
explosion and sinking, or the effects of such discharge
on the economy in the areas affected by such discharge.
``(B) Eligible retirement plan.--The term `eligible
retirement plan' shall have the meaning given such term
by section 402(c)(8)(B).
``(5) Income inclusion spread over 3-year period.--
``(A) In general.--In the case of any qualified oil
spill distribution, unless the taxpayer elects not to
have this paragraph apply for any taxable year, any
amount required to be included in gross income for such
taxable year shall be so included ratably over the 3-
taxable year period beginning with such taxable year.
``(B) Special rule.--For purposes of subparagraph
(A), rules similar to the rules of subparagraph (E) of
section 408A(d)(3) shall apply.
``(6) Special rules.--
``(A) Exemption of distributions from trustee to
trustee transfer and withholding rules.--For purposes
of sections 401(a)(31), 402(f), and 3405, qualified oil
spill distributions shall not be treated as eligible
rollover distributions.
``(B) Qualified hurricane distributions treated as
meeting plan distribution requirements.--For purposes
this title, a qualified hurricane distribution shall be
treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and
457(d)(1)(A).
``(b) Recontributions of Withdrawals for Home Purchases.--
``(1) Recontributions.--
``(A) In general.--Any individual who received a
qualified distribution may, during the applicable
period, make one or more contributions in an aggregate
amount not to exceed the amount of such qualified
distribution to an eligible retirement plan (as defined
in section 402(c)(8)(B)) of which such individual is a
beneficiary and to which a rollover contribution of
such distribution could be made under section 402(c),
403(a)(4), 403(b)(8), or 408(d)(3), as the case may be.
``(B) Treatment of repayments.--Rules similar to
the rules of subparagraphs (B) and (C) of subsection
(a)(3) shall apply for purposes of this subsection.
``(2) Qualified distribution.--For purposes of this
subsection--
``(A) In general.--The term `qualified
distribution' means any distribution--
``(i) described in section
401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only
to the extent such distribution relates to
financial hardship), 403(b)(11)(B), or
72(t)(2)(F),
``(ii) received after October 19, 2009, and
before April 20, 2010, and
``(iii) which was to be used to purchase or
construct a principal residence in the State of
Florida, Alabama, Mississippi, Louisiana, or
Texas Hurricane Katrina disaster area, but
which was not so purchased or constructed on
account of the explosion on and sinking of the
mobile off shore drilling unit Deepwater
Horizon or the discharge of oil in the Gulf of
Mexico caused by such explosion and sinking.
``(3) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period beginning on
April 20, 2010, and ending on December 31, 2010.
``(c) Loans From Qualified Plans.--
``(1) Increase in limit on loans not treated as
distributions.--In the case of any loan from a qualified
employer plan (as defined under section 72(p)(4)) to a
qualified individual made during the applicable period--
``(A) clause (i) of section 72(p)(2)(A) shall be
applied by substituting `$100,000' for `$50,000', and
``(B) clause (ii) of such section shall be applied
by substituting `the present value of the
nonforfeitable accrued benefit of the employee under
the plan' for `one-half of the present value of the
nonforfeitable accrued benefit of the employee under
the plan'.
``(2) Delay of repayment.--In the case of a qualified
individual with an outstanding loan on or after the qualified
beginning date from a qualified employer plan (as defined in
section 72(p)(4))--
``(A) if the due date pursuant to subparagraph (B)
or (C) of section 72(p)(2) for any repayment with
respect to such loan occurs during the period beginning
on the qualified beginning date and ending on December
31, 2010, such due date shall be delayed for 1 year,
``(B) any subsequent repayments with respect to any
such loan shall be appropriately adjusted to reflect
the delay in the due date under paragraph (1) and any
interest accruing during such delay, and
``(C) in determining the 5-year period and the term
of a loan under subparagraph (B) or (C) of section
72(p)(2), the period described in subparagraph (A)
shall be disregarded.
``(3) Qualified individual.--For purposes of this
subsection, the term `qualified individual' means any
individual whose principal place of abode on April 20, 2010, is
located in the State of Florida, Alabama, Mississippi,
Louisiana, or Texas and who has sustained an economic loss as a
result of the explosion on and sinking of the mobile off shore
drilling unit Deepwater Horizon, the discharge of oil in the
Gulf of Mexico caused by such explosion and sinking, or the
effects of such discharge on the economy in the areas affected
by such discharge.
``(4) Applicable period; qualified beginning date.--For
purposes of this subsection--
``(A) the applicable period is the period beginning
on April 20, 2010, and ending on December 31, 2010, and
``(B) the qualified beginning date is April 20,
2010.
``(d) Provisions Relating to Plan Amendments.--
``(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in accordance with
the terms of the plan during the period described in paragraph
(2)(B)(i).
``(2) Amendments to which subsection applies.--
``(A) In general.--This subsection shall apply to
any amendment to any plan or annuity contract which is
made--
``(i) pursuant to any provision of this
section, or pursuant to any regulation issued
by the Secretary or the Secretary of Labor
under any provision of this section, and
``(ii) on or before the last day of the
first plan year beginning on or after April 20,
2010, or such later date as the Secretary may
prescribe.
In the case of a governmental plan (as defined in
section 414(d)), clause (ii) shall be applied by
substituting the date which is 2 years after the date
otherwise applied under clause (ii).
``(B) Conditions.--This subsection shall not apply
to any amendment unless--
``(i) during the period--
``(I) beginning on the date that
this section or the regulation
described in subparagraph (A)(i) takes
effect (or in the case of a plan or
contract amendment not required by this
section or such regulation, the
effective date specified by the plan),
and
``(II) ending on the date described
in subparagraph (A)(ii) (or, if
earlier, the date the plan or contract
amendment is adopted),
the plan or contract is operated as if such
plan or contract amendment were in effect, and
``(ii) such plan or contract amendment
applies retroactively for such period.''.
(b) Conforming Amendment.--The table of sections for subchapter Y
of chapter 1 of such Code is amended by adding at the end the following
new item:
``Part IV--Gulf Oil Spill
``Sec. 1400V-1. Special rules for use of retirement funds.''.
(c) Effective Date.--The amendments made by this Act shall apply to
distributions on or after April 20, 2010. | Gulf Coast Access to Savings Act of 2010 - Amends the Internal Revenue Code to allow tax-free distributions, up to $50,000 in any taxable year, from retirement plans on or after April 20, 2010, and before January 1, 2011, for individuals whose principal place of abode is in Florida, Alabama, Mississippi, Louisiana, or Texas and who sustained an economic loss caused by the explosion on and sinking of the Deepwater Horizon offshore drilling unit, the resulting discharge of oil in the Gulf of Mexico, or the effects of such discharge on the economy in the affected areas. Provides tax incentives for the use of distributions by individuals in affected states to make home purchases. Increases to $100,000 the amount which may be borrowed without penalty from an employer benefit plan by individuals in affected states. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for distributions from retirement plans for losses as a result of the explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon, the discharge of oil in the Gulf of Mexico caused by such explosion and sinking, or the effects of such discharge on the economy in the areas affected by such discharge."} | 2,855 | 164 | 0.534541 | 1.535794 | 0.762978 | 3.876623 | 16.415584 | 0.88961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rio Grande del Norte National
Conservation Area Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Rio Grande del Norte National Conservation Area
established by section 3(a)(1).
(2) Land grant community.--The term ``land grant
community'' means a member of the Board of Trustees of
confirmed or nonconfirmed community land grants within the
Conservation Area.
(3) Management plan.--The term ``management plan'' means
the management plan for the Conservation Area developed under
section 3(d).
(4) Map.--The term ``map'' means the map entitled ``Rio
Grande del Norte National Conservation Area'' and dated
November 4, 2009.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--There is established the Rio Grande del
Norte National Conservation Area in the State.
(2) Area included.--The Conservation Area shall consist of
approximately 235,980 acres of public land in Taos and Rio
Arriba counties in the State, as generally depicted on the map.
(b) Purposes.--The purposes of the Conservation Area are to
conserve, protect, and enhance for the benefit and enjoyment of present
and future generations the cultural, traditional, archaeological,
natural, ecological, geological, historical, wildlife, educational,
recreational, and scenic resources of the Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the resources of the Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only
such uses of the Conservation Area that the Secretary
determines would further the purposes described in
subsection (b).
(B) Use of motorized vehicles.--
(i) In general.--Except as needed for
administrative purposes or to respond to an
emergency, the use of motorized vehicles in the
Conservation Area shall be permitted only on
roads designated for use by motorized vehicles
in the management plan.
(ii) New roads.--No additional road shall
be built within the Conservation Area after the
date of enactment of this Act unless the road
is needed for public safety or natural resource
protection.
(C) Grazing.--The Secretary shall permit grazing
within the Conservation Area, where established before
the date of enactment of this Act--
(i) subject to all applicable laws
(including regulations) and Executive orders;
and
(ii) consistent with the purposes described
in subsection (b).
(D) Collection of pinon nuts, firewood, medicinal
plants and herbs.--Nothing in this section precludes
the traditional collection of firewood, medicinal
plants and herbs, and pinon nuts in the Conservation
Area for noncommercial personal use--
(i) in accordance with any applicable laws;
and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(E) Utility right-of-way upgrades.--Nothing in this
section precludes the Secretary from renewing or
authorizing the upgrading (including widening) of an
existing utility right-of-way through the Conservation
Area in a manner that minimizes harm to the purposes of
the Conservation Area described in subsection (b)--
(i) in accordance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(II) any other applicable law; and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(F) Tribal cultural uses.--
(i) Access.--The Secretary shall, in
consultation with Indian tribes or pueblos--
(I) ensure the protection of
religious and cultural sites in the
Conservation Area; and
(II) provide access to the sites by
members of Indian tribes or pueblos for
traditional cultural and customary
uses, consistent with Public Law 95-341
(commonly known as the ``American
Indian Religious Freedom Act'') (42
U.S.C. 1996).
(ii) Temporary closures.--In accordance
with Public Law 95-341 (commonly known as the
``American Indian Religious Freedom Act'') (42
U.S.C. 1996), the Secretary, on request of an
Indian tribe or pueblo, may temporarily close
to general public use 1 or more specific areas
of the Conservation Area in order to protect
traditional cultural and customary uses in
those areas by members of the Indian tribe or
the pueblo.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a management
plan for the Conservation Area.
(2) Other plans.--To the extent consistent with this Act,
the plan may incorporate in the management plan the Rio Grande
Corridor Management Plan in effect on the date of enactment of
this Act.
(3) Consultation.--The management plan shall be developed
in consultation with--
(A) State and local governments;
(B) tribal governmental entities;
(C) land grant communities; and
(D) the public.
(4) Considerations.--In preparing and implementing the
management plan, the Secretary shall consider the
recommendations of Indian tribes and pueblos on methods for--
(A) ensuring access to religious and cultural
sites;
(B) enhancing the privacy and continuity of
traditional cultural and religious activities in the
Conservation Area; and
(C) protecting traditional cultural and religious
sites in the Conservation Area.
(e) Incorporation of Acquired Land and Interests in Land.--Any land
that is within the boundary of the Conservation Area that is acquired
by the United States shall--
(1) become part of the Conservation Area; and
(2) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(f) Special Management Areas.--
(1) In general.--The establishment of the Conservation Area
shall not change the management status of any area within the
boundary of the Conservation Area that is--
(A) designated as a component of the National Wild
and Scenic Rivers System under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.); or
(B) managed as an area of critical environmental
concern.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to the areas described in paragraph (1) and
this Act, the more restrictive provision shall control.
SEC. 4. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the Conservation Area are
designated as wilderness and as components of the National Wilderness
Preservation System:
(1) Cerro del yuta wilderness.--Certain land administered
by the Bureau of Land Management in Taos County, New Mexico,
comprising approximately 13,420 acres as generally depicted on
the map, which shall be known as the ``Cerro del Yuta
Wilderness''.
(2) Rio san antonio wilderness.--Certain land administered
by the Bureau of Land Management in Rio Arriba County, New
Mexico, comprising approximately 8,000 acres, as generally
depicted on the map, which shall be known as the ``Rio San
Antonio Wilderness''.
(b) Management of Wilderness Areas.--Subject to valid existing
rights, the wilderness areas designated by subsection (a) shall be
administered in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this Act, except that with respect to the wilderness areas
designated by this Act--
(1) any reference to the effective date of the Wilderness
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land within the boundary of the wilderness areas
designated by subsection (a) that is acquired by the United States
shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this Act; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the wilderness areas
designated by subsection (a), where established before the date of
enactment of this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in appendix A of the Report of
the Committee on Interior and Insular Affairs to accompany H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(e) Buffer Zones.--
(1) In general.--Nothing in this section creates a
protective perimeter or buffer zone around any wilderness area
designated by subsection (a).
(2) Activities outside wilderness areas.--The fact that an
activity or use on land outside any wilderness area designated
by subsection (a) can be seen or heard within the wilderness
area shall not preclude the activity or use outside the
boundary of the wilderness area.
(f) Release of Wilderness Study Areas.--Congress finds that, for
purposes of section 603(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio
Wilderness Study Area not designated as wilderness by this section--
(1) has been adequately studied for wilderness designation;
(2) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(3) shall be managed in accordance with this Act.
SEC. 5. GENERAL PROVISIONS.
(a) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and
legal descriptions of the Conservation Area and the wilderness
areas designated by section 4(a) with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the legal description and map.
(3) Public availability.--The map and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(b) National Landscape Conservation System.--The Conservation Area
and the wilderness areas designated by section 4(a) shall be
administered as components of the National Landscape Conservation
System.
(c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife located on
public land in the State, except that the Secretary, after consultation
with the New Mexico Department of Game and Fish, may designate zones
where, and establishing periods when, hunting shall not be allowed for
reasons of public safety, administration, or public use and enjoyment.
(d) Withdrawals.--Subject to valid existing rights, any Federal
land within the Conservation Area and the wilderness areas designated
by section 4(a), including any land or interest in land that is
acquired by the United States after the date of enactment of this Act,
is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(e) Treaty Rights.--Nothing in this Act enlarges, diminishes, or
otherwise modifies any treaty rights. | Rio Grande Del Norte National Conservation Area Establishment Act - Establishes the Rio Grande Del Norte National Conservation Area in New Mexico.
Requires the Secretary of the Interior to ensure the protection of religious and cultural sites in the Conservation Area and to provide access to them by tribal members.
Requires the Secretary to develop a management plan for the Conservation Area.
Designates the Cerro Del Yuta Wilderness and Rio San Antonio Wilderness as wilderness and as components of the National Wilderness Preservation System (NWPS). | {"src": "billsum_train", "title": "To establish the Rio Grande del Norte National Conservation Area in the State of New Mexico, and for other purposes."} | 2,844 | 119 | 0.573382 | 1.403838 | 0.549236 | 4.085106 | 26.797872 | 0.93617 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``No Taxpayer
Funding for Abortion Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS AND PROVIDING FOR
CONSCIENCE PROTECTIONS
Sec. 101. Prohibiting taxpayer funded abortions and providing for
conscience protections.
Sec. 102. Amendment to table of chapters.
TITLE II--ELIMINATION OF CERTAIN TAX BENEFITS RELATING TO ABORTION
Sec. 201. Deduction for medical expenses not allowed for abortions.
Sec. 202. Disallowance of refundable credit for coverage under
qualified health plan which provides
coverage for abortion.
Sec. 203. Disallowance of small employer health insurance expense
credit for plan which includes coverage for
abortion.
Sec. 204. Distributions for abortion expenses from certain accounts and
arrangements included in gross income.
TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS AND PROVIDING FOR
CONSCIENCE PROTECTIONS
SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR
CONSCIENCE PROTECTIONS.
Title 1, United States Code is amended by adding at the end the
following new chapter:
``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR
CONSCIENCE PROTECTIONS
``Sec.
``301. Prohibition on funding for abortions.
``302. Prohibition on funding for health benefits plans that cover
abortion.
``303. Limitation on Federal facilities and employees.
``304. Construction relating to separate coverage.
``305. Construction relating to the use of non-Federal funds for health
coverage.
``306. Non-preemption of other Federal laws.
``307. Construction relating to complications arising from abortion.
``308. Treatment of abortions related to rape, incest, or preserving
the life of the mother.
``309. Application to District of Columbia.
``310. No government discrimination against certain health care
entities.
``Sec. 301. Prohibition on funding for abortions
``No funds authorized or appropriated by Federal law, and none of
the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for any abortion.
``Sec. 302. Prohibition on funding for health benefits plans that cover
abortion
``None of the funds authorized or appropriated by Federal law, and
none of the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for health benefits
coverage that includes coverage of abortion.
``Sec. 303. Limitation on Federal facilities and employees
``No health care service furnished--
``(1) by or in a health care facility owned or operated by
the Federal Government; or
``(2) by any physician or other individual employed by the
Federal Government to provide health care services within the
scope of the physician's or individual's employment,
may include abortion.
``Sec. 304. Construction relating to separate coverage
``Nothing in this chapter shall be construed as prohibiting any
individual, entity, or State or locality from purchasing separate
abortion coverage or health benefits coverage that includes abortion so
long as such coverage is paid for entirely using only funds not
authorized or appropriated by Federal law and such coverage shall not
be purchased using matching funds required for a federally subsidized
program, including a State's or locality's contribution of Medicaid
matching funds.
``Sec. 305. Construction relating to the use of non-Federal funds for
health coverage
``Nothing in this chapter shall be construed as restricting the
ability of any non-Federal health benefits coverage provider from
offering abortion coverage, or the ability of a State or locality to
contract separately with such a provider for such coverage, so long as
only funds not authorized or appropriated by Federal law are used and
such coverage shall not be purchased using matching funds required for
a federally subsidized program, including a State's or locality's
contribution of Medicaid matching funds.
``Sec. 306. Non-preemption of other Federal laws
``Nothing in this chapter shall repeal, amend, or have any effect
on any other Federal law to the extent such law imposes any limitation
on the use of funds for abortion or for health benefits coverage that
includes coverage of abortion, beyond the limitations set forth in this
chapter.
``Sec. 307. Construction relating to complications arising from
abortion
``Nothing in this chapter shall be construed to apply to the
treatment of any infection, injury, disease, or disorder that has been
caused by or exacerbated by the performance of an abortion. This rule
of construction shall be applicable without regard to whether the
abortion was performed in accord with Federal or State law, and without
regard to whether funding for the abortion is permissible under section
308.
``Sec. 308. Treatment of abortions related to rape, incest, or
preserving the life of the mother
``The limitations established in sections 301, 302, and 303 shall
not apply to an abortion--
``(1) if the pregnancy is the result of an act of rape or
incest; or
``(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering
physical condition caused by or arising from the pregnancy
itself.
``Sec. 309. Application to District of Columbia
``In this chapter:
``(1) Any reference to funds appropriated by Federal law
shall be treated as including any amounts within the budget of
the District of Columbia that have been approved by Act of
Congress pursuant to section 446 of the District of Columbia
Home Rule Act (or any applicable successor Federal law).
``(2) The term `Federal Government' includes the government
of the District of Columbia.
``Sec. 310. No government discrimination against certain health care
entities
``(a) Nondiscrimination.--A Federal agency or program, and any
State or local government that receives Federal financial assistance
(either directly or indirectly), may not subject any individual or
institutional health care entity to discrimination on the basis that
the health care entity does not provide, pay for, provide coverage of,
or refer for abortions.
``(b) Health Care Entity Defined.--For purposes of this section,
the term `health care entity' includes an individual physician or other
health care professional, a hospital, a provider-sponsored
organization, a health maintenance organization, a health insurance
plan, or any other kind of health care facility, organization, or plan.
``(c) Remedies.--
``(1) In general.--The courts of the United States shall
have jurisdiction to prevent and redress actual or threatened
violations of this section by issuing any form of legal or
equitable relief, including--
``(A) injunctions prohibiting conduct that violates
this section; and
``(B) orders preventing the disbursement of all or
a portion of Federal financial assistance to a State or
local government, or to a specific offending agency or
program of a State or local government, until such time
as the conduct prohibited by this section has ceased.
``(2) Commencement of action.--An action under this
subsection may be instituted by--
``(A) any health care entity that has standing to
complain of an actual or threatened violation of this
section; or
``(B) the Attorney General of the United States.
``(d) Administration.--The Secretary of Health and Human Services
shall designate the Director of the Office for Civil Rights of the
Department of Health and Human Services--
``(1) to receive complaints alleging a violation of this
section;
``(2) subject to paragraph (3), to pursue the investigation
of such complaints in coordination with the Attorney General;
and
``(3) in the case of a complaint related to a Federal
agency (other than with respect to the Department of Health and
Human Services) or program administered through such other
agency or any State or local government receiving Federal
financial assistance through such other agency, to refer the
complaint to the appropriate office of such other agency.''.
SEC. 102. AMENDMENT TO TABLE OF CHAPTERS.
The table of chapters for title 1, United States Code, is amended
by adding at the end the following new item:
``4. Prohibiting taxpayer funded abortions and providing for 301''.
conscience protections.
TITLE II--ELIMINATION OF CERTAIN TAX BENEFITS RELATING TO ABORTION
SEC. 201. DEDUCTION FOR MEDICAL EXPENSES NOT ALLOWED FOR ABORTIONS.
(a) In General.--Section 213 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Amounts Paid for Abortion Not Taken Into Account.--
``(1) In general.--An amount paid during the taxable year
for an abortion shall not be taken into account under
subsection (a).
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A) an abortion--
``(i) in the case of a pregnancy that is
the result of an act of rape or incest, or
``(ii) in the case where a woman suffers
from a physical disorder, physical injury, or
physical illness that would, as certified by a
physician, place the woman in danger of death
unless an abortion is performed, including a
life-endangering physical condition caused by
or arising from the pregnancy, and
``(B) the treatment of any infection, injury,
disease, or disorder that has been caused by or
exacerbated by the performance of an abortion.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 202. DISALLOWANCE OF REFUNDABLE CREDIT FOR COVERAGE UNDER
QUALIFIED HEALTH PLAN WHICH PROVIDES COVERAGE FOR
ABORTION.
(a) In General.--Subparagraph (A) of section 36B(c)(3) of the
Internal Revenue Code of 1986 is amended by inserting before the period
at the end the following: ``or any health plan that includes coverage
for abortions (other than any abortion or treatment described in
section 213(g)(2))''.
(b) Option To Purchase or Offer Separate Coverage or Plan.--
Paragraph (3) of section 36B(c) of such Code is amended by adding at
the end the following new subparagraph:
``(C) Separate abortion coverage or plan allowed.--
``(i) Option to purchase separate coverage
or plan.--Nothing in subparagraph (A) shall be
construed as prohibiting any individual from
purchasing separate coverage for abortions
described in such subparagraph, or a health
plan that includes such abortions, so long as
no credit is allowed under this section with
respect to the premiums for such coverage or
plan.
``(ii) Option to offer coverage or plan.--
Nothing in subparagraph (A) shall restrict any
non-Federal health insurance issuer offering a
health plan from offering separate coverage for
abortions described in such subparagraph, or a
plan that includes such abortions, so long as
premiums for such separate coverage or plan are
not paid for with any amount attributable to
the credit allowed under this section (or the
amount of any advance payment of the credit
under section 1412 of the Patient Protection
and Affordable Care Act).''.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years ending after December 31, 2013.
SEC. 203. DISALLOWANCE OF SMALL EMPLOYER HEALTH INSURANCE EXPENSE
CREDIT FOR PLAN WHICH INCLUDES COVERAGE FOR ABORTION.
(a) In General.--Subsection (h) of section 45R of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``Any term'' and inserting the following:
``(1) In general.--Any term'', and
(2) by adding at the end the following new paragraph:
``(2) Exclusion of health plans including coverage for
abortion.--The terms `qualified health plan' and `health
insurance coverage' shall not include any health plan or
benefit that includes coverage for abortions (other than any
abortion or treatment described in section 213(g)(2)).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 204. DISTRIBUTIONS FOR ABORTION EXPENSES FROM CERTAIN ACCOUNTS AND
ARRANGEMENTS INCLUDED IN GROSS INCOME.
(a) Flexible Spending Arrangements Under Cafeteria Plans.--Section
125 of the Internal Revenue Code of 1986 is amended by redesignating
subsections (k) and (l) as subsections (l) and (m), respectively, and
by inserting after subsection (j) the following new subsection:
``(k) Abortion Reimbursement From Flexible Spending Arrangement
Included in Gross Income.--Notwithstanding section 105(b), gross income
shall include any reimbursement for expenses incurred for an abortion
(other than any abortion or treatment described in section 213(g)(2))
from a health flexible spending arrangement provided under a cafeteria
plan. Such reimbursement shall not fail to be a qualified benefit for
purposes of this section merely as a result of such inclusion in gross
income.''.
(b) Archer MSAs.--Paragraph (1) of section 220(f) of such Code is
amended by inserting before the period at the end the following: ``,
except that any such amount used to pay for an abortion (other than any
abortion or treatment described in section 213(g)(2)) shall be included
in the gross income of such holder''.
(c) HSAs.--Paragraph (1) of section 223(f) of such Code is amended
by inserting before the period at the end the following: ``, except
that any such amount used to pay for an abortion (other than any
abortion or treatment described in section 213(g)(2)) shall be included
in the gross income of such beneficiary''.
(d) Effective Dates.--
(1) FSA reimbursements.--The amendment made by subsection
(a) shall apply to expenses incurred with respect to taxable
years beginning after the date of the enactment of this Act.
(2) Distributions from savings accounts.--The amendments
made by subsection (b) and (c) shall apply to amounts paid with
respect to taxable years beginning after the date of the
enactment of this Act. | No Taxpayer Funding for Abortion Act - Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. (Currently, federal funds cannot be used for abortion services, except in cases involving rape, incest, or life endangerment.)
Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Thus making permanent existing federal policies.)
Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District.
Excludes from such prohibitions an abortion if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician.
Makes such prohibitions applicable to District of Columbia funds.
Codifies the prohibition against a federal agency or program or any state or local government that receives federal financial assistance from subjecting any individual or health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. Creates a cause of action for any violations of such provisions. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such provisions by issuing any form of legal or equitable relief, including an injunction or order preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive, investigate, and refer to the appropriate federal agency complaints alleging a violation of such provisions.
Amends the Internal Revenue Code to disqualify, for purposes of the tax deduction for medical expenses, any amounts paid for an abortion.
Excludes from the definition of "qualified health plan" after December 31, 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion.
Excludes from the definitions of "qualified health plan" and "health insurance coverage," for purposes of the tax credit for small employer health insurance expenses, any health plan or benefit that includes coverage for abortions.
Includes any reimbursements or distributions to pay for an abortion in the gross income of participants in flexible spending arrangements under a tax-exempt cafeteria plan, Archer Medical Savings Accounts (MSAs), and health savings accounts (HSAs).
Exempts from the application of such tax provisions: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion. | {"src": "billsum_train", "title": "A bill to prohibit taxpayer funded abortions and to provide for conscience protections, and for other purposes."} | 3,451 | 732 | 0.601906 | 1.903273 | 0.701912 | 3.981162 | 4.690738 | 0.901099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Education Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A national commitment should be established that all
children have access to high quality early education.
(2) Research suggests that a child's early years are
critical to the development of the brain. Early brain
development is an important component of educational and
intellectual achievement.
(3) The National Research Council of the National Academy
of Sciences reported that early education opportunities are
necessary if children are going to develop the language and
literacy skills necessary to learn to read.
(4) Evaluations of early education programs demonstrate
that compared to children with similar backgrounds who have not
participated in early education programs, children who
participate in such programs--
(A) perform better on reading and mathematics
achievement tests;
(B) are more likely to stay academically near their
grade level and make normal academic progress
throughout elementary school;
(C) are less likely to be held back a grade or
require special education services in elementary
school;
(D) show greater learning retention, initiative,
creativity, and social competency; and
(E) are more enthusiastic about school and are more
likely to have good attendance records.
(5) Studies have estimated that for every dollar invested
in quality early education, about 7 dollars are saved in later
costs.
SEC. 3. EARLY EDUCATION.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by adding at the end the following:
``TITLE X--EARLY EDUCATION
``SEC. 10001. EARLY EDUCATION PROGRAM.
``(a) Definition of Early Education.--In this section, the term
`early education' means not less than a half-day of schooling each week
day during the academic year preceding the academic year a child enters
kindergarten.
``(b) Purpose.--The purpose of this section is to establish a
program to develop the foundation of early literacy and numerical
training among young children by helping State educational agencies
expand the education system to include early education for all
children.
``(c) Program Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to not less than 10 State educational agencies to enable
the State educational agencies to expand the education system
with programs that provide early education.
``(2) Matching requirement.--The amount provided to a State
educational agency under paragraph (1) shall not exceed 50
percent of the cost of the program described in the application
submitted pursuant to subsection (d).
``(3) Requirements.--Each program assisted under this
section--
``(A) shall be carried out by 1 or more local
educational agencies, as selected by the State
educational agency;
``(B) shall be carried out--
``(i) in a public school building; or
``(ii) in another facility by, or through a
contract or agreement with, a local educational
agency carrying out the program;
``(C) shall be available to all children served by
such local educational agency; and
``(D) shall only involve instructors who are
licensed or certified in accordance with applicable
State law.
``(d) Application.--Each State educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require. Each application shall--
``(1) include a description of--
``(A) the program to be assisted under this
section; and
``(B) how the program will meet the purpose of this
section; and
``(2) contain a statement of the total cost of the program
and the source of the matching funds for the program.
``(e) Secretarial Authority.--In order to carry out the purpose of
this section, the Secretary--
``(1) shall establish a system for the monitoring and
evaluation of, and shall annually report to Congress regarding,
the programs funded under this section; and
``(2) may establish any other policies, procedures, or
requirements, with respect to the programs.
``(f) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, not supplant, other Federal,
State, or local funds, including funds provided under Federal programs
such as the Head Start programs carried out under the Head Start Act
and the Even Start family literacy program carried out under subpart 3
of part B of title I.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $300,000,000 for each of the
fiscal years 2008 through 2012.''.
SEC. 4. CONFORMING AMENDMENT.
The table of contents in section 2 of the Elementary and Secondary
Education Act of 1965 is amended by adding at the end the following:
``TITLE X--EARLY EDUCATION
``Sec. 10001. Early education program.''. | Early Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award matching grants to at least ten states to establish early education programs providing children with at least a half-day of schooling each week day during the academic year preceding kindergarten.
Requires each program to: (1) be carried out by one or more local educational agencies (LEAs), chosen by the state; (2) be available to all children served by the LEA or LEAs carrying out the program; and (3) involve only licensed or certified instructors. | {"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to establish a program to help States expand the educational system to include at least 1 year of early education preceding the year a child enters kindergarten."} | 1,093 | 122 | 0.496167 | 1.294698 | 0.596928 | 3.464912 | 9.289474 | 0.885965 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Counsel Act of 1999''.
SEC. 2. SPECIAL COUNSEL.
(a) In General.--Part II of title 28, United States Code, is
amended by striking chapter 40 and inserting the following:
``CHAPTER 40--SPECIAL COUNSEL
``Sec.
``591. Special counsel.
``592. Jurisdiction.
``593. Regulations.
``Sec. 591. Special counsel
``The Attorney General may appoint a special counsel who is not an
officer or employee of the Federal Government to conduct the
investigation or prosecution of a person for a possible violation of
criminal law when the Attorney General determines that the appointment
of a special counsel is in the public interest only in accordance with
this chapter.
``Sec. 592. Jurisdiction
``(a) In General.--The Attorney General shall determine the special
counsel's investigative and prosecutorial jurisdiction under this
chapter.
``(b) Judicial Review.--The determination of jurisdiction by the
Attorney General under subsection (a) shall not be subject to judicial
review.
``Sec. 593. Regulations
``(a) In General.--
``(1) Promulgation.--
``(A) In general.--Subject to approval by Congress
as provided in subsection (b), the Attorney General
shall promulgate regulations governing the operation
and removal of a special counsel appointed under this
chapter.
``(B) Regulations not requiring approval.--A
regulation promulgated by the Attorney General on the
appointment of a special counsel and the investigative
or prosecutorial jurisdiction of a special counsel
shall not be subject to approval under this section.
``(2) Resubmission.--If regulations are disapproved under
subsection (b), the Attorney General shall submit new
regulations to Congress for approval not later than 60 days
after the date of disapproval. Any new regulations or changes
to existing regulations promulgated under this section shall be
subject to Congressional approval as provided in subsection
(b).
``(b) Congressional Approval.--
``(1) In general.--Any regulations promulgated by the
Attorney General under this section shall be subject to
approval by joint resolution as provided in this subsection.
``(2) Contents of resolution.--For the purposes of
paragraph (1), `joint resolution' means only a joint resolution
introduced after the date on which Congress receives the
regulations promulgated by the Attorney General under
subsection (a) the matter after the resolving clause of which
is as follows: ``The Congress approves the regulations
promulgated by the Attorney General pursuant to section 593(a)
of title 28, United States Code.''.
``(3) Referral to committee.--A resolution described in
paragraph (2) introduced in the House of Representatives shall
be referred to the Committee on Government Reform and the
Committee on the Judiciary of the House of Representatives. A
resolution described in paragraph (2) introduced in the Senate
shall be referred to the Committee on Governmental Affairs and
the Committee on the Judiciary of the Senate. Such a resolution
may not be reported before the 8th day after its introduction.
``(4) Discharge of committee.--If the committees to which
are referred a resolution described in paragraph (2) have not
reported such resolution (or an identical resolution) at the
end of 15 calendar days after its introduction, such committees
shall be deemed to be discharged from further consideration of
such resolution and such resolution shall be placed on the
appropriate calendar of the House involved.
``(5) Floor consideration.--
``(A) In general.--When the committees to which a
resolution is referred have reported, or have been
deemed to be discharged (under paragraph (4)) from
further consideration of, a resolution described in
paragraph (2), it is at any time thereafter in order
(even though a previous motion to the same effect has
been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
resolution, and all points of order against the
resolution (and against consideration of the
resolution) are waived. The motion is highly privileged
in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not
subject to amendment, or to a motion to postpone, or to
a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the resolution is agreed to, the resolution shall
remain the unfinished business of the respective House
until disposed of.
``(B) Debate.--Debate on the resolution, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall
be divided equally between those favoring and those
opposing the resolution. A motion further to limit
debate is in order and not debatable. An amendment to,
or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is agreed
to or disagreed to is not in order.
``(C) Vote on final passage.--Immediately following
the conclusion of the debate on a resolution described
in paragraph (1), and a single quorum call at the
conclusion of the debate if requested in accordance
with the rules of the appropriate House, the vote on
final passage of the resolution shall occur.
``(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a resolution described in paragraph (2)
shall be decided without debate.
``(6) Coordination with action by other house.--If, before
the passage by one House of a resolution of that House
described in paragraph (2), that House receives from the other
House a resolution described in paragraph (2), then the
following procedures shall apply:
``(A) The resolution of the other House shall not
be referred to a committee.
``(B) With respect to a resolution described in
paragraph (2) of the House receiving the resolution--
``(i) the procedure in that House shall be
the same as if no resolution had been received
from the other House; but
``(ii) the vote on final passage shall be
on the resolution of the other House.
``(7) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
``(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
resolution described in paragraph (2), and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
``(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.''.
(b) Table of Chapters.--The item for chapter 40 in the table of
chapters for part II is amended by striking ``Independent Counsel'' and
inserting ``Special Counsel''.
SEC. 3. REGULATIONS.
(a) Existing Regulations.--This Act and the amendments made by this
Act shall apply to any regulations promulgated by the Attorney General
with respect to the operation or removal of a special counsel who is
not an officer or employee of the Federal Government to conduct the
investigation or prosecution of a person for a possible violation of
criminal law promulgated prior to the date of enactment of this Act.
(b) Initial Regulations.--The Attorney General shall promulgate the
regulations required by section 593 of title 28, United States Code, as
added by section 2, not later than 60 days after the date of enactment
of this Act. | Directs the Attorney General to determine the special counsel's investigative and prosecutorial jurisdiction. Specifies that such determination shall not be subject to judicial review.
Directs the Attorney General, subject to congressional approval, to promulgate regulations governing the operation and removal of a special counsel. Specifies that a regulation promulgated by the Attorney General on the appointment, and the investigative or prosecutorial jurisdiction, of a special counsel shall not be subject to approval. Sets forth provisions regarding re-submission of regulations following disapproval.
Sets forth procedures for congressional approval by joint resolution of such regulations, including provisions regarding the contents of the resolution, referral to and discharge of committee, floor consideration, and coordination with action by the other house. | {"src": "billsum_train", "title": "Special Counsel Act of 1999"} | 1,843 | 162 | 0.633089 | 1.779961 | 0.868899 | 3.125 | 12.610294 | 0.889706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Armed Forces in Bosnia
Protection Act of 1997''.
SEC. 2. FINDINGS AND DECLARATIONS OF POLICY.
(a) Findings.--The Congress finds the following:
(1)(A) On November 27, 1995, the President affirmed that
United States participation in the multinational military
Implementation Force in the Republic of Bosnia and Herzegovina
would terminate in one year.
(B) The President declared the expiration date of the
mandate for the Implementation Force to be December 20, 1996.
(2) The Secretary of Defense and the Chairman of the Joint
Chiefs of Staff likewise expressed their confidence that the
Implementation Force would complete its mission in one year.
(3) The exemplary performance of United States Armed Forces
personnel has significantly contributed to the accomplishment
of the military mission of the Implementation Force. The
courage, dedication, and professionalism of such personnel have
permitted a separation of the belligerent parties to the
conflict in the Republic of Bosnia and Herzegovina and have
resulted in a significant mitigation of the violence and
suffering in the Republic of Bosnia and Herzegovina.
(4) On October 3, 1996, the Chairman of the Joint Chiefs of
Staff announced the intention of the United States
Administration to delay the removal of United States Armed
Forces personnel from the Republic of Bosnia and Herzegovina
until March 1997 due to operational reasons.
(5) Notwithstanding the fact that the President, the
Secretary of Defense, and the Chairman of the Joint Chiefs of
Staff assured the Congress of their resolve to end the mission
of United States Armed Forces in the Republic of Bosnia and
Herzegovina by December 20, 1996, in November 1996 the
President announced his intention to further extend the
deployment of United States Armed Forces in the Republic of
Bosnia and Herzegovina until June 1998.
(6) Before the announcement of the new policy referred to
in paragraph (5), the President did not request authorization
by the Congress of a policy that would result in the further
deployment of United States Armed Forces in the Republic of
Bosnia and Herzegovina until June 1998.
(b) Declarations of Policy.--The Congress--
(1) expresses its serious concerns and opposition to the
policy of the President that has resulted in the deployment
after December 20, 1996, of United States Armed Forces on the
ground in the Republic of Bosnia and Herzegovina without prior
authorization by the Congress; and
(2) urges the President to work with our European allies to
begin an orderly transition of all peacekeeping functions in
the Republic of Bosnia and Herzegovina from the United States
to appropriate European countries in preparation for a complete
withdrawal of all United States Armed Forces by September 30,
1997.
SEC. 3. PROHIBITION OF USE OF DEPARTMENT OF DEFENSE FUNDS OR OTHER
FEDERAL DEPARTMENT OR AGENCY FUNDS FOR CONTINUED
DEPLOYMENT ON THE GROUND OF ARMED FORCES IN THE TERRITORY
OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA.
(a) Prohibition.--None of the funds appropriated or otherwise
available to the Department of Defense or to any other Federal
department or agency may be obligated or expended for the deployment on
the ground of United States Armed Forces in the territory of the
Republic of Bosnia and Herzegovina after September 30, 1997.
(b) Exceptions.--The prohibition contained in subsection (a) shall
not apply--
(1) with respect to the deployment of United States Armed
Forces after September 30, 1997, but not later than October 31,
1997, for the express purpose of ensuring the safe and timely
withdrawal of such Armed Forces from the Republic of Bosnia and
Herzegovina; or
(2)(A) if the President transmits to the Congress a report
containing a request for an extension of deployment of United
States Armed Forces for an additional 90 days after the date
otherwise applicable under subsection (a); and
(B) if a joint resolution is enacted, in accordance with
section 4, specifically approving such request.
SEC. 4. CONGRESSIONAL CONSIDERATION OF REQUEST BY PRESIDENT FOR 90-DAY
EXTENSION OF DEPLOYMENT.
(a) Terms of the Resolution.--For purposes of section 3, the term
``joint resolution'' means only a joint resolution that is introduced
within the 10-day period beginning on the date on which the President
transmits the report to the Congress under such section, and--
(1) which does not have a preamble;
(2) the matter after the resolving clause of which is as
follows: ``That the Congress approves the request by the
President for the extension of the deployment on the ground of
United States Armed Forces in the territory of the Republic of
Bosnia and Herzegovina for a period ending not later than
December 31, 1997, as submitted by the President on ----------
'', the blank space being filled in with the appropriate date;
and
(3) the title of which is as follows: ``Joint resolution
approving the request by the President for an extension of the
deployment on the ground of United States Armed Forces in the
territory of the Republic of Bosnia and Herzegovina for a
period ending not later than December 31, 1997.''.
(b) Referral.--A resolution described in subsection (a) that is
introduced in the House of Representatives shall be referred to the
Committee on International Relations and the Committee on National
Security of the House of Representatives. A resolution described in
subsection (a) introduced in the Senate shall be referred to the
Committee on Foreign Relations and the Committee on Armed Services of
the Senate.
(c) Discharge.--If the committee to which a resolution described in
subsection (a) is referred has not reported such resolution (or an
identical resolution) by the end of the 20-day period beginning on the
date on which the President transmits the report to the Congress under
section 3, such committee shall be, at the end of such period,
discharged from further consideration of such resolution, and such
resolution shall be placed on the appropriate calendar of the House
involved.
(d) Consideration.--(1) On or after the third day after the date on
which the committee to which such a resolution is referred has
reported, or has been discharged (under subsection (c)) from further
consideration of, such a resolution, it is in order (even though a
previous motion to the same effect has been disagreed to) for any
Member of the respective House to move to proceed to the consideration
of the resolution. A Member may make the motion only on the day after
the calendar day on which the Member announces to the House concerned
the Member's intention to make the motion, except that, in the case of
the House of Representatives, the motion may be made without such prior
announcement if the motion is made by direction of the committee to
which the resolution was referred. All points of order against the
resolution (and against consideration of the resolution) are waived.
The motion is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is not
subject to amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall not be
in order. If a motion to proceed to the consideration of the resolution
is agreed to, the respective House shall immediately proceed to
consideration of the joint resolution without intervening motion,
order, or other business, and the resolution shall remain the
unfinished business of the respective House until disposed of.
(2) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than 2
hours, which shall be divided equally between those favoring and those
opposing the resolution. An amendment to the resolution is not in
order. A motion further to limit debate is in order and not debatable.
A motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the resolution is not in order.
A motion to reconsider the vote by which the resolution is agreed to or
disagreed to is not in order.
(3) Immediately following the conclusion of the debate on a
resolution described in subsection (a) and a single quorum call at the
conclusion of the debate if requested in accordance with the rules of
the appropriate House, the vote on final passage of the resolution
shall occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution described
in subsection (a) shall be decided without debate.
(e) Consideration by Other House.--(1) If, before the passage by
one House of a resolution of that House described in subsection (a),
that House receives from the other House a resolution described in
subsection (a), then the following procedures shall apply:
(A) The resolution of the other House shall not be referred
to a committee and may not be considered in the House receiving
it except in the case of final passage as provided in
subparagraph (B)(ii).
(B) With respect to a resolution described in subsection
(a) of the House receiving the resolution--
(i) the procedure in that House shall be the same
as if no resolution had been received from the other
House; but
(ii) the vote on final passage shall be on the
resolution of the other House.
(2) Upon disposition of the resolution received from the other
House, it shall no longer be in order to consider the resolution that
originated in the receiving House.
(f) Rules of the Senate and House.--This section is enacted by the
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution described in subsection
(a), and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 5. PROHIBITION OF USE OF DEPARTMENT OF DEFENSE FUNDS OR OTHER
FEDERAL DEPARTMENT OR AGENCY FUNDS FOR LAW ENFORCEMENT OR
RELATED ACTIVITIES IN THE TERRITORY OF THE REPUBLIC OF
BOSNIA AND HERZEGOVINA.
None of the funds appropriated or otherwise available to the
Department of Defense or to any other Federal department or agency may
be obligated or expended after the date of the enactment of this Act
for the following:
(1) Conduct of, or direct support for, law enforcement
activities in the Republic of Bosnia and Herzegovina, except
for the training of law enforcement personnel or to prevent
imminent loss of life.
(2) Conduct of, or support for, any activity in the
Republic of Bosnia and Herzegovina that may have the effect of
jeopardizing the primary mission of the United Nations-led
Stabilization Force in preventing armed conflict between the
Federation of Bosnia and Herzegovina and the Republika Srpska
(``Bosnian Entities'').
(3) Transfer of refugees within the Republic of Bosnia and
Herzegovina that, in the opinion of the commander of the
Stabilization Force involved in such transfer--
(A) has as one of its purposes the acquisition of
control by a Bosnian Entity of territory allocated to
the other Bosnian Entity under the Dayton Peace
Agreement; or
(B) may expose United States Armed Forces to
substantial risk to their personal safety.
(4) Implementation of any decision to change the legal
status of any territory within the Republic of Bosnia and
Herzegovina unless expressly agreed to by all signatories to the Dayton
Peace Agreement.
SEC. 6. REPORT.
(a) In General.--Not later than June 30, 1997, the President shall
prepare and transmit to the Congress a report on the deployment on the
ground of United States Armed Forces in the territory of the Republic
of Bosnia and Herzegovina. The report shall contain the following:
(1) A description of the extent to which compliance has
been achieved with the requirements relating to United States
activities in the Republic of Bosnia and Herzegovina contained
in Public Law 104-122 (110 Stat. 876).
(2)(A) An identification of the specific steps taken, if
any, by the United States Government to transfer the United
States portion of the peacekeeping mission in the Republic of
Bosnia and Herzegovina to appropriate European organizations,
such as a combined joint task force of NATO, the Western
European Union, or the Conference on Security and Cooperation
in Europe.
(B) A description of any deficiencies in the capabilities
of such European organizations to conduct peacekeeping
activities in the Republic of Bosnia and Herzegovina and a
description of the actions, if any, that the United States
Government is taking in cooperation with such organizations to
remedy such deficiencies.
(3) An identification of the following:
(A) The goals of the Stabilization Force and the
criteria for achieving those goals.
(B) The measures that are being taken to protect
United States Armed Forces personnel from conventional
warfare, unconventional warfare, or terrorist attacks
in the Republic of Bosnia and Herzegovina.
(C) The exit strategy for the withdrawal of United
States Armed Forces from the Republic of Bosnia and
Herzegovina in the event of civil disturbances or overt
warfare.
(D) The exit strategy and timetable for the
withdrawal of United States Armed Forces from the
Republic of Bosnia and Herzegovina in the event the
Stabilization Force successfully completes its mission,
including whether or not a follow-on force will succeed
the Stabilization Force after the proposed withdrawal
date announced by the President of June 1998.
(b) Form of Report.--The report described in subsection (a) shall
be transmitted in unclassified and classified versions.
SEC. 7. DEFINITIONS.
As used in this Act:
(1) Bosnian entities.--The term ``Bosnian Entities'' means
the Federation of Bosnia and Herzegovina and the Republika
Srpska.
(2) Dayton peace agreement.--The term ``Dayton Peace
Agreement'' means the General Framework Agreement for Peace in
Bosnia and Herzegovina, initialed by the parties in Dayton,
Ohio, on November 21, 1995, and signed in Paris on December 14,
1995.
(3) Implementation force.--The term ``Implementation
Force'' means the NATO-led multinational military force in the
Republic of Bosnia and Herzegovina (commonly referred to as
``IFOR''), authorized under the Dayton Peace Agreement.
(4) NATO.--The term ``NATO'' means the North Atlantic
Treaty Organization.
(5) Stabilization force.--The term ``Stabilization Force''
means the United Nations-led follow-on force to the
Implementation Force in the Republic of Bosnia and Herzegovina
and other countries in the region (commonly referred to as
``SFOR''), authorized under United Nations Security Council
Resolution 1088 (December 12, 1996). | United States Armed Forces in Bosnia Protection Act of 1997 - Prohibits any funds appropriated or otherwise available to the Department of Defense (DOD) or any other Federal department or agency from being obligated or expended for the deployment on the ground of U.S. armed forces in the territory of the Republic of Bosnia and Herzegovina after September 30, 1997. Provides exceptions: (1) for the deployment of troops to aid in troop withdrawal; or (2) if the President transmits to the Congress a request for a deployment extension for an additional 90 days after such deadline and a joint resolution is enacted approving such request. Outlines congressional procedures for the consideration of such request.
Prohibits DOD or other Federal funds from being obligated or expended for: (1) the conduct of, or support for, any law enforcement activities in Bosnia and Herzegovina, with an exception for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the United Nations-led Stabilization Fore in preventing armed conflict there; (3) the transfer of refugees within the Republic that has a purpose of acquiring control by one Bosnian entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires a report from the President to the Congress on the ground deployment of U.S. forces in Bosnia and Herzegovina. | {"src": "billsum_train", "title": "United States Armed Forces in Bosnia Protection Act of 1997"} | 3,402 | 352 | 0.587274 | 1.821478 | 0.67126 | 4.653199 | 10.558923 | 0.915825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Anti-Semitism Review Act of
2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Acts of anti-Semitism in countries throughout the world,
including some of the world's strongest democracies, have increased
significantly in frequency and scope over the last several years.
(2) During the last 3 months of 2003 and the first 3 months of
2004, there were numerous instances of anti-Semitic violence around
the world, including the following incidents:
(A) In Putrajaya, Malaysia, on October 16, 2003, former
Prime Minister Mahatir Mohammad told the 57 national leaders
assembled for the Organization of the Islamic Conference that
Jews ``rule the world by proxy'', and called for a ``final
victory'' by the world's 1.3 billion Muslims, who, he said,
``cannot be defeated by a few million Jews.''.
(B) In Istanbul, Turkey, on November 15, 2003, simultaneous
car bombs exploded outside two synagogues filled with
worshippers, killing 24 people and wounding more than 250
people.
(C) In Australia on January 5, 2004, poison was used to
ignite, and burn anti-Semitic slogans into, the lawns of the
Parliament House in the state of Tasmania.
(D) In St. Petersburg, Russia, on February 15, 2004,
vandals desecrated approximately 50 gravestones in a Jewish
cemetery, painting the stones with swastikas and anti-Semitic
graffiti.
(E) In Toronto, Canada, over the weekend of March 19
through March 21, 2004, vandals attacked a Jewish school, a
Jewish cemetery, and area synagogues, painting swastikas and
anti-Semitic slogans on the walls of a synagogue and on
residential property in a nearby, predominantly Jewish,
neighborhood.
(F) In Toulon, France, on March 23, 2004, a Jewish
synagogue and community center were set on fire.
(3) Anti-Semitism in old and new forms is also increasingly
emanating from the Arab and Muslim world on a sustained basis,
including through books published by government-owned publishing
houses in Egypt and other Arab countries.
(4) In November 2002, state-run television in Egypt broadcast
the anti-Semitic series entitled ``Horseman Without a Horse'',
which is based upon the fictitious conspiracy theory known as the
Protocols of the Elders of Zion. The Protocols have been used
throughout the last century by despots such as Adolf Hitler to
justify violence against Jews.
(5) In November 2003, Arab television featured an anti-Semitic
series, entitled ``Ash-Shatat'' (or ``The Diaspora''), which
depicts Jewish people hatching a plot for Jewish control of the
world.
(6) The sharp rise in anti-Semitic violence has caused
international organizations such as the Organization for Security
and Cooperation in Europe (OSCE) to elevate, and bring renewed
focus to, the issue, including the convening by the OSCE in June
2003 of a conference in Vienna dedicated solely to the issue of
anti-Semitism.
(7) The OSCE convened a conference again on April 28-29, 2004,
in Berlin, to address the problem of anti-Semitism with the United
States delegation led by former Mayor of New York City, Ed Koch.
(8) The United States Government has strongly supported efforts
to address anti-Semitism through bilateral relationships and
interaction with international organizations such as the OSCE, the
European Union, and the United Nations.
(9) Congress has consistently supported efforts to address the
rise in anti-Semitic violence. During the 107th Congress, both the
Senate and the House of Representatives passed resolutions
expressing strong concern with the sharp escalation of anti-Semitic
violence in Europe and calling on the Department of State to
thoroughly document the phenomenon.
(10) Anti-Semitism has at times taken the form of vilification
of Zionism, the Jewish national movement, and incitement against
Israel.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should continue to strongly
support efforts to combat anti-Semitism worldwide through bilateral
relationships and interaction with international organizations such
as the OSCE, the European Union, and the United Nations; and
(2) the Department of State should thoroughly document acts of
anti-Semitism that occur around the world.
SEC. 4. REPORTS.
Not later than November 15, 2004, the Secretary of State shall
submit to the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives a
one-time report on acts of anti-Semitism around the world, including a
description of--
(1) acts of physical violence against, or harassment
of, Jewish people, and acts of violence against, or vandalism of,
Jewish community institutions, such as schools, synagogues, or
cemeteries, that occurred in each country;
(2) the responses of the governments of those countries to such
actions;
(3) the actions taken by such governments to enact and enforce
laws relating to the protection of the right to religious freedom
of Jewish people;
(4) the efforts by such governments to promote anti-bias and
tolerance education; and
(5) instances of propaganda in government and nongovernment
media that attempt to justify or promote racial hatred or incite
acts of violence against Jewish people.
SEC. 5. AUTHORIZATION FOR ESTABLISHMENT OF OFFICE TO MONITOR AND COMBAT
ANTI-SEMITISM.
The State Department Basic Authorities Act of 1956 is amended by
adding after section 58 (22 U.S.C. 2730) the following new section:
``SEC. 59. MONITORING AND COMBATING ANTI-SEMITISM.
``(a) Office To Monitor and Combat Anti-Semitism.--
``(1) Establishment of office.--The Secretary shall establish
within the Department of State an Office to Monitor and Combat
anti-Semitism (in this section referred to as the `Office').
``(2) Head of office.--
``(A) Special envoy for monitoring and combating anti-
semitism.--The head of the Office shall be the Special Envoy
for Monitoring and Combating anti-Semitism (in this section
referred to as the `Special Envoy').
``(B) Appointment of head of office.--The Secretary shall
appoint the Special Envoy. If the Secretary determines that
such is appropriate, the Secretary may appoint the Special
Envoy from among officers and employees of the Department. The
Secretary may allow such officer or employee to retain the
position (and the responsibilities associated with such
position) held by such officer or employee prior to the
appointment of such officer or employee to the position of
Special Envoy under this paragraph.
``(b) Purpose of Office.--Upon establishment, the Office shall
assume the primary responsibility for--
``(1) monitoring and combating acts of anti-Semitism and anti-
Semitic incitement that occur in foreign countries;
``(2) coordinating and assisting in the preparation of that
portion of the report required by sections 116(d)(7) and 502B(b) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)(7) and
2304(b)) relating to an assessment and description of the nature
and extent of acts of anti-Semitism and anti-Semitic incitement for
inclusion in the annual Country Reports on Human Rights Practices;
and
``(3) coordinating and assisting in the preparation of that
portion of the report required by section 102(b)(1)(A)(iv) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6412(b)(1)(A)(iv)) relating to an assessment and description of the
nature and extent of acts of anti-Semitism and anti-Semitic
incitement for inclusion in the Annual Report on International
Religious Freedom.
``(c) Consultations.--The Special Envoy shall consult with domestic
and international nongovernmental organizations and multilateral
organizations and institutions, as the Special Envoy considers
appropriate to fulfill the purposes of this section.''.
SEC. 6. INCLUSION IN DEPARTMENT OF STATE ANNUAL REPORTS OF INFORMATION
CONCERNING ACTS OF ANTI-SEMITISM IN FOREIGN COUNTRIES.
(a) Inclusion in Country Reports on Human Rights Practices.--The
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) by redesignating paragraphs (8), (9), and (10), as
paragraphs (9), (10), and (11), respectively; and
(B) by inserting after paragraph (7) the following new
paragraph:
``(8) wherever applicable, a description of the nature and
extent of acts of anti-Semitism and anti-Semitic incitement that
occur during the preceding year, including descriptions of--
``(A) acts of physical violence against, or harassment of
Jewish people, and acts of violence against, or vandalism of
Jewish community institutions, including schools, synagogues,
and cemeteries;
``(B) instances of propaganda in government and
nongovernment media that attempt to justify or promote racial
hatred or incite acts of violence against Jewish people;
``(C) the actions, if any, taken by the government of the
country to respond to such violence and attacks or to eliminate
such propaganda or incitement;
``(D) the actions taken by such government to enact and
enforce laws relating to the protection of the right to
religious freedom of Jewish people; and
``(E) the efforts of such government to promote anti-bias
and tolerance education;''; and
(2) after the fourth sentence of section 502B(b) (22 U.S.C.
2304(b)), by inserting the following new sentence: ``Wherever
applicable, a description of the nature and extent of acts of anti-
Semitism and anti-Semitic incitement that occur, including the
descriptions of such acts required under section 116(d)(8).''.
(b) Inclusion in Annual Report on International Religious
Freedom.--Section 102(b)(1)(A) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6412(b)(1)(A)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by adding after clause (iii) the following new clause:
``(iv) wherever applicable, an assessment and
description of the nature and extent of acts of anti-
Semitism and anti-Semitic incitement that occur in that
country during the preceding year, including--
``(I) acts of physical violence against, or
harassment of, Jewish people, acts of violence against,
or vandalism of, Jewish community institutions, and
instances of propaganda in government and nongovernment
media that incite such acts; and
``(II) the actions taken by the government of that
country to respond to such violence and attacks or to
eliminate such propaganda or incitement, to enact and
enforce laws relating to the protection of the right to
religious freedom of Jewish people, and to promote
anti-bias and tolerance education.''.
(c) Effective Date of Inclusions.--The amendments made by
subsections (a) and (b) shall apply beginning with the first report
under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151n(d) and 2304(b)) and section 102(b) of the
International Religious Freedom Act of 1998 (22 U.S.C. 6312(b))
submitted more than 180 days after the date of the enactment of this
Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Global Anti-Semitism Review Act of 2004 - (Sec. 3) Expresses the sense of Congress that: (1) the United States should continue to support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the Organization for Security and Cooperation in Europe (OSCE); and (2) the Department of State should thoroughly document acts of anti-Semitism that occur around the world.
(Sec. 4) Directs the Secretary of State to report by November 15, 2004, on acts of anti-Semitism around the world, including a description of: (1) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions; (2) governmental responses to such actions, including enactment and enforcement of laws protecting the right to religious freedom of Jewish people, and efforts to promote anti-bias and tolerance education; and (3) governmental and nongovernmental media that attempts to justify or promote violence against Jewish people.
(Sec. 5) Amends the State Department Basic Authorities Act of 1956 to direct the Secretary to establish within the Department an Office to Monitor and Combat anti-Semitism, to be headed by a Special Envoy for Monitoring and Combating anti-Semitism.
States that the Office shall assume primary responsibility for: (1) monitoring and combating foreign acts of anti-Semitism and anti-Semitic incitement; and (2) coordinating and assisting in the preparation of that portion of the reports relating to acts of anti-Semitism and anti-Semitic incitement for inclusion in the annual Country Reports on Human Rights Practices and in the Annual Report on International Religious Freedom.
(Sec. 6) Amends the Foreign Assistance Act of 1961 and the International Religious Freedom Act of 1998, respectively, to include in Department of State annual human rights and religious freedom reports information concerning acts of anti-Semitism and anti-Semitic incitement and governmental responses. | {"src": "billsum_train", "title": "A bill to require a report on acts of anti-Semitism around the world."} | 2,803 | 450 | 0.512647 | 1.918345 | 0.652438 | 6 | 6.335958 | 0.965879 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Property Low Hanging Fruit
Act''.
SEC. 2. UNIFORM AUTHORITY FOR EXECUTIVE DEPARTMENTS TO USE FUNDS FROM
DISPOSAL OF FEDERAL REAL PROPERTY.
(a) Authority To Convey.--The head of each executive department
may--
(1) convey, by sale, lease, exchange, or otherwise,
including through leaseback arrangements, real and related
property, or interests therein, under their ownership and
control; and
(2) retain the net proceeds of such dispositions in an
account within the general fund of the United States Treasury
established for purposes of this section, to be used in
accordance with subsection (b).
(b) Use of Funds.--For purposes of subsection (a), the net proceeds
of such dispositions retained in the account of an executive department
pursuant to that subsection shall be available to the head of the
executive department, until expended and without further appropriation
and in compliance with other applicable provisions of law, to pay any
necessary and incidental costs incurred by such head in connection with
Federal property management activities of the executive department,
including acquisition, improvements, maintenance, reconstruction, or
construction needs. In conducting these activities, an executive
department may enter into agreements with the General Services
Administration for assistance.
(c) Regulations.--The Director of the Office of Management and
Budget, in consultation with the Administrator of General Services and
the Secretary of Defense, shall promulgate regulations to carry out
this section.
(d) Definitions.--In this section:
(1) Net proceeds.--The term ``net proceeds'', with respect
to a disposition of property or interests under this section,
means the rental, sales, and other sums received less the costs
of the disposition.
(2) Executive department.--The term ``executive
department'' means an Executive department listed in section
101 of title 5, United States Code.
SEC. 3. PUBLIC-PRIVATE AGREEMENT PILOT PROGRAM.
(a) Plan for Entering Into Public-Private Agreements.--
(1) In general.--The head of a covered agency shall develop
and carry out a plan to enter into one or more agreements with
a nongovernmental person, for the purposes described in
paragraph (2).
(2) Purposes.--The purposes of any agreement entered into
under paragraph (1) shall be--
(A) to lease Federal real properties that are
underutilized or excess, under the terms of subsection
(c); and
(B) to develop, rehabilitate, or renovate
facilities on such leased properties for the benefit of
the covered agency.
(3) Number of properties.--A total of at least 5, and not
more than 10, Federal real properties shall be leased under
agreements entered into under paragraph (1).
(b) Agreement Terms.--
(1) In general.--Each agreement entered into pursuant to
this section--
(A) shall have as its primary purpose the
enhancement of the functional and economic efficiency
of Federal real property;
(B) shall be negotiated pursuant to such procedures
as the head of the covered agency concerned considers
necessary to promote competition and protect the public
interest;
(C) shall provide a lease option to the United
States to occupy space in the facilities acquired,
constructed, or rehabilitated under the agreement, but
shall not guarantee occupancy by the United States;
(D) shall describe the consideration, duties, and
responsibilities for which the United States and the
nongovernmental person are responsible and may provide
for the alteration, repair, or improvement of the real
property as part or all of the consideration of the
nongovernmental person, notwithstanding any provision
of law, including section 1302 of title 40, United
States Code;
(E) shall provide--
(i) that the United States shall not be
liable for any actions, debts, or liability of
the nongovernmental person; and
(ii) that no person is authorized by the
agreement to execute any instrument or document
creating or evidencing any indebtedness unless
such instrument or document specifically
disclaims any liability of the United States
under the instrument or document; and
(F) shall provide that the leasehold interests of
the United States are senior to that of any lender to
the nongovernmental person.
(2) Ability to pledge as collateral.--Subparagraph (F)
shall not impair the ability of the nongovernmental person to
pledge as collateral its leasehold interest under a lease with
the United States entered into pursuant to the terms of
subsection (c).
(c) Lease of Real Property.--
(1) Authority.--Notwithstanding any other provision of law,
including sections 582 and 583 of title 40, United States Code,
the head of a covered agency may lease real property under an
agreement under subsection (a) to the nongovernmental person
that is party to the agreement.
(2) Period of lease.--A lease under this subsection may be
for such period as the head of the covered agency determines
appropriate.
(3) Relationship to homeless assistance act.--Real property
leased under this subsection shall not be considered unutilized
or underutilized for purposes of section 501 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11411) and may be
leased under this subsection without regard to any other
provision of law.
(d) Services.--Notwithstanding any other provision of law, the head
of a covered agency, or his or her designee, may provide services under
an agreement under subsection (a) to the nongovernmental person that is
party to the agreement on such terms as the head considers appropriate.
(e) Use and Deposit of Revenues.--
(1) Use of revenues.--Notwithstanding any other provision
of law, the head of a covered agency may retain and use any
revenues derived from agreements entered into under this
section for Federal property management activities of the
covered agency, including acquisition, improvements,
maintenance, reconstruction, or construction needs.
(2) Deposit of revenues.--Revenues received by the head of
a covered agency from an agreement under subsection (a) shall
be deposited--
(A) in the case of the General Services
Administration, into the fund created by section 592 of
title 40, United States Code; and
(B) in the case of any other covered agency, into
the account of the agency established under section
2(a).
(f) Plan.--
(1) Matters covered.--The plan of a covered agency required
under subsection (a) shall--
(A) identify the Federal real properties that the
head of the covered agency proposes to make available
under the agreement or agreements to be entered into
with one or more nongovernmental persons; and
(B) include performance measures by which the
proposed project or projects will be measured.
(2) Consultation with council.--In developing the plan
required under subsection (a), the head of a covered agency
shall consult with the Federal Real Property Council.
(g) Submissions to Congress of Plan and Agreements.--
(1) Submission of plan within 12 months.--The head of a
covered agency shall submit to Congress the plan required by
subsection (a) not later than 12 months after the date of the
enactment of this Act.
(2) Submission of each agreement to congress before
implementation.--The head of a covered agency shall submit to
Congress each agreement entered into under subsection (a) and
may not implement any such agreement until at least 30 days has
expired after the date of submission to Congress. The
submission to Congress under this paragraph shall also
include--
(A) an explanation of the agreement;
(B) the name, resources, and qualifications of the
nongovernmental person or persons that are party to the
agreement;
(C) the name of any other nongovernmental person
that submitted a proposal for the property that is the
subject of the agreement;
(D) the factors in support of the proposed project
or projects covered by the agreement; and
(E) the projected economic performance, including
expenditures and receipts, arising from the agreement.
(3) Submission of all agreements within 3 years.--The head
of a covered agency shall submit to Congress all agreements to
be entered into under the plan not later than 3 years after the
date of the enactment of this Act.
(h) Projected Economic Performance.--The head of a covered agency
shall describe, in the budget submitted by the President pursuant to
section 1105 of title 31, United States Code, for a fiscal year, the
projected economic performance, including expenditures and receipts,
arising from each agreement entered into pursuant this section and in
effect during such fiscal year.
(i) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means each
of the following:
(A) The Department of Defense.
(B) The Department of Agriculture.
(C) The Department of Energy.
(D) The General Services Administration.
(2) Head of a covered agency.--The term ``head of a covered
agency'' means each of the following:
(A) The Secretary of Defense.
(B) The Secretary of Agriculture.
(C) The Secretary of Energy.
(D) The Administrator of General Services.
(3) Federal real property.--The term ``Federal real
property'' means property, as that term is defined in section
102(9) of title 40, United States Code.
(4) Excess.--The term ``excess'', with respect to Federal
real property, means excess property as defined in section
102(3) of title 40, United States Code.
(5) Nongovernmental person.--The term ``nongovernmental
person'' means a limited liability company, limited
partnership, corporation, business trust, nonprofit entity, or
such other form of entity as the head of a covered agency may
designate.
(6) Executive agency.--The term ``executive agency'' has
the meaning provided in section 102(4) of title 40, United
States Code.
(j) Reports by Government Accountability Office.--The Comptroller
General of the United States shall submit to Congress two reports on
the effectiveness of the public-private agreement pilot program under
this section. The first report shall be submitted not later than 5
years after the date of the enactment of this section, and the second
report shall be submitted not later than 10 years after such date of
enactment. Each report shall include specific recommendations on how
best to use public-private agreements in all Federal agencies to
improve Federal real property management. | Federal Property Low Hanging Fruit Act - Authorizes the head of each executive department to convey real and related property under the department's ownership and control and retain the net proceeds in an account within the Treasury. Makes such proceeds available to the department head to pay necessary and incidental costs for the department's property management activities, including acquisition, improvements, maintenance, reconstruction or construction needs. Directs the head of each of the Departments of Defense (DOD), Agriculture, and Energy (DOE) and the General Services Administration (GSA) to develop and carry out a plan to enter into agreements with a nongovernmental person to: (1) lease at least 5, but not more than 10, federal real properties that are underutilized or excess; and (2) develop, rehabilitate, or renovate facilities on such leased properties. Requires such agreements to provide a lease option to the United States and indemnity for any actions, debts, or liability of the nongovernmental person. Directs the Comptroller General (GAO) to submit reports to Congress on the effectiveness of the plan. | {"src": "billsum_train", "title": "Federal Property Low Hanging Fruit Act"} | 2,272 | 249 | 0.604473 | 1.896922 | 0.760716 | 3.415842 | 10.59901 | 0.930693 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Disparities in Breast
Cancer Treatment Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Delays in receiving care after breast cancer diagnosis
are reported to be greater for African-American women than
white women.
(2) Recent studies indicate that African-American women
with breast cancer are less likely to receive standard therapy
than white women.
(3) African-American and Hispanic patients are
significantly more likely than white patients to be diagnosed
at a more advanced stage of breast cancer.
(4) Investigators found that regardless of insurance
status, African-American women are 1.9 times more likely to be
diagnosed with an advanced stage of breast cancer than white
women and Hispanic women are 1.4 times more likely to be
diagnosed with an advanced stage of breast cancer than white
women.
(5) African-American women are ten percent more likely not
to receive tests to determine if breast cancer has spread to
axillary (underarm) lymph nodes. Studies show that health
insurance status, race, income, and educational background are
directly linked to irregularity in administering this vital
screening.
(6) According to American Cancer Society researchers,
substantial disparities remain or persist regarding cancer
diagnosis and treatment.
SEC. 3. PURPOSE.
The purpose of this Act is to promote the implementation of
standardized health care practices for breast cancer treatment under
the Medicare program to eliminate disparities in the provision of care
to such patients based on race, level of education, income, and health
insurance status of such patients.
SEC. 4. CONSENSUS-BASED BREAST CANCER TREATMENT PERFORMANCE MEASURES
SYSTEM UNDER MEDICARE.
Title XVIII of the Social Security Act is amended by adding at the
end the following new section:
``SEC. 1898. BREAST CANCER TREATMENT PERFORMANCE MEASURES SYSTEM.
``(a) In General.--Not later than October 1, 2009, the Secretary
shall establish, in accordance with the provisions of this section, a
6-year breast cancer treatment quality performance system (in this
section referred to as the `system') to--
``(1) assess and publicly disclose, through the use of
quality measures, the quality of care provided for the
treatment of breast cancer by specified health care providers;
and
``(2) beginning October 1, 2012, base payment under this
title to such providers for such treatment on the performance
of such providers based on such measures.
``(b) Specified Health Care Providers.--
``(1) In general.--The Secretary shall specify classes of
providers of services and suppliers, including hospitals,
cancer centers, physicians, primary care providers, and
specialty providers, to which the provisions of this section
shall apply.
``(2) Definition.--For purposes of this section, the term
`specified health care provider' means a provider of services
or supplier specified under paragraph (1).
``(c) Identification and Endorsement of Breast Cancer Treatment
Performance Measures.--
``(1) In general.--Under the system, the Secretary, shall
enter into agreements with the National Quality Forum, an
organization that operates as a voluntary consensus standards
body as defined for purposes of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (Public Law
104-113) and Office of Management and Budget Revised Circular
A-119 (published in the Federal Register on February 10, 1998),
under which the National Quality Forum shall identify a uniform
set of consensus-based performance measures to evaluate the
quality of care provided by specified health care providers for
the treatment of breast cancer, endorse such set of measures
through its multistakeholder consensus development process, and
annually update such set of measures.
``(2) Measures described.--The set of measures described in
paragraph (1) shall include, with respect to the treatment of
breast cancer, measures of patient outcomes, the process for
delivering medical care related to such treatment, patient
counseling and engagement in decision-making, patient
experience of care, resource use, and practice capabilities,
such as care coordination.
``(d) Reporting Process.--
``(1) In general.--Under the system, for periods (as
specified by the Secretary) beginning on or after October 1,
2009, the Secretary shall establish a reporting process, with
respect to treatment furnished for breast cancer, that provides
for a method for specified health care providers to submit to
the Secretary data on the performance of such providers during
each period through use of the performance measures developed
pursuant to subsection (c)(1). Such data shall be submitted in
a form and manner and at a time specified by the Secretary.
``(2) Voluntary submission during initial 3 years.--The
reporting process under paragraph (1) shall provide for the
voluntary submission of data (and incentives for such
submission) under the process for periods ending before October
1, 2012.
``(3) Characteristics of data submitted under reporting
process.--Data submitted by a specified health care provider
under the reporting process under paragraph (1) shall--
``(A) take into account the quality of breast
cancer treatment furnished to all patients of the
provider, regardless of the type of health insurance
coverage of the patient or whether or not the patient
has such coverage; and
``(B) be structured in a manner that allows for
comparison according to race, educational level,
income, insurance status, and any other category
specified by the Secretary.
``(e) Public Disclosure.--Under the system, the Secretary shall
establish procedures to require that information with respect to the
quality demonstrated by a specified health care provider of treatment
furnished for breast cancer during a period (based on the performance
measures data submitted pursuant to subsection (c)(1) by the provider
for such period) is made available on the official public Internet site
of the Department of Health and Human Services in a clear and
understandable form. Such procedures shall ensure that a specified
health care provider has the opportunity to review the information that
is to be made public with respect to the provider at least 30 days
prior to such data being made public and shall provide for an appeals
process in the case a provider claims such information to be incorrect
or incomplete.
``(f) Value-Based Purchasing for Periods Beginning October 1,
2012.--
``(1) In general.--Under the system, for periods beginning
on or after October 1, 2012 and ending before October 1, 2015,
the Secretary shall establish and implement, a value-based
purchasing program, with respect to specified health care
providers that furnish treatment for breast cancer during such
a period, under which--
``(A) in the case of such a provider that does not
submit data in accordance with the reporting process
under subsection (d)(1) for such treatment furnished
during such period, the Secretary shall reduce payment
under this title for such treatment by an amount
specified by the Secretary; and
``(B) in the case of such a provider that submits
data in accordance with the reporting process under
subsection (d)(1) for such treatment furnished during
such period--
``(i) subject to clause (ii), if the
Secretary determines such provider furnished
low quality care (in accordance with a method
specified by the Secretary) for such treatment,
the Secretary shall reduce the amount that
would otherwise be paid to such provider under
this title for such treatment by an amount
specified by the Secretary;
``(ii) if the Secretary determines such
provider furnished low quality care (in
accordance with the method specified under
clause (i)) for such treatment, but the quality
of care has improved as compared to the quality
of care the provider furnished during the
previous period, the Secretary shall reduce the
amount that would otherwise be paid to such
provider under this title for such treatment in
accordance with an incremental method
established by the Secretary that ensures that
the amount of such reduction--
``(I) is less than the amount
specified by the Secretary under clause
(i); and
``(II) is based on the extent of
improvement in the quality of care; and
``(iii) if the Secretary determines such
provider did not furnish low quality care (in
accordance with the method specified under
clause (i)) for such treatment, the Secretary
shall provide to such provider the amount to be
paid to such provider under this title for such
treatment.
``(2) Results-based payments.--The amount of a reduction
under subparagraph (A) or (B)(i) of paragraph (1) shall be
determined in accordance with a method established by the
Secretary.
``(g) Reports.--Not later than October 1, 2010, and for each 6-
month period thereafter (before fiscal year 2016), the Secretary shall
submit to Congress a report that evaluates the development and
implementation of the system, including--
``(1) an evaluation of the number of specified health care
providers that submit data pursuant to subsection (c)(1);
``(2) an analysis of the effect of such system on reducing
disparities in the provision of breast cancer treatment to
patients based on race, level of education, income, and health
insurance status of such patients;
``(3) recommendations on whether (and to what extent) to
extend the system under this section.
``(h) Application to Part C.--The Secretary shall provide for a
method to apply the provisions of this section to treatment furnished
under a plan under part C.''. | Eliminating Disparities in Breast Cancer Treatment Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a breast cancer treatment quality performance system to: (1) assess and disclose publicly, through the use of quality measures, the quality of care provided for the treatment of breast cancer by specified health care providers; and (2) base payment to such providers for such treatment on their performance with respect to such measures.
Requires reduced payments to providers that either do not submit data in accordance with the reporting process in the system, or furnish low quality care for treatment of breast cancer. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to eliminate contributing factors to disparities in breast cancer treatment through the development of a uniform set of consensus-based breast cancer treatment performance measures for a 6-year quality reporting system and value-based purchasing system under the Medicare Program."} | 2,018 | 139 | 0.598058 | 1.719546 | 0.677612 | 4.622047 | 15.787402 | 0.937008 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Access and Availability
Act of 2005''.
SEC. 2. CONSTITUTIONAL AUTHORITY.
The constitutional authority upon which this Act rests is the power
of Congress to regulate commerce with foreign nations and among the
several States, set forth in article I, section 8 of the United States
Constitution.
SEC. 3. EXPANSION OF ACCESS AND CHOICE THROUGH INDIVIDUAL MEMBERSHIP
ASSOCIATIONS (IMAS).
The Public Health Service Act is amended by adding at the end the
following new title:
``TITLE XXIX--INDIVIDUAL MEMBERSHIP ASSOCIATIONS
``SEC. 2901. DEFINITION OF INDIVIDUAL MEMBERSHIP ASSOCIATION (IMA).
``(a) In General.--For purposes of this title, the terms
`individual membership association' and `IMA' mean a legal entity that
meets the following requirements:
``(1) Organization.--The IMA is an organization operated
under the direction of an association (as defined in section
2904(1)).
``(2) Offering health benefits coverage.--
``(A) Different groups.--The IMA, in conjunction
with those health insurance issuers that offer health
benefits coverage through the IMA, makes available
health benefits coverage in the manner described in
subsection (b) to all members of the IMA and the
dependents of such members in the manner described in
subsection (c)(2) at rates that are established by the
health insurance issuer on a policy or product specific
basis and that may vary only as permissible under State
law.
``(B) Nondiscrimination in coverage offered.--
``(i) In general.--Subject to clause (ii),
the IMA may not offer health benefits coverage
to a member of an IMA unless the same coverage
is offered to all such members of the IMA.
``(ii) Construction.--Nothing in this title
shall be construed as requiring or permitting a
health insurance issuer to provide coverage
outside the service area of the issuer, as
approved under State law, or requiring a health
insurance issuer from excluding or limiting the
coverage on any individual, subject to the
requirement of section 2741.
``(C) No financial underwriting.--The IMA provides
health benefits coverage only through contracts with
health insurance issuers and does not assume insurance
risk with respect to such coverage.
``(3) Geographic areas.--Nothing in this title shall be
construed as preventing the establishment and operation of more
than one IMA in a geographic area or as limiting the number of
IMAs that may operate in any area.
``(4) Provision of administrative services to purchasers.--
``(A) In general.--The IMA may provide
administrative services for members. Such services may
include accounting, billing, and enrollment
information.
``(B) Construction.--Nothing in this subsection
shall be construed as preventing an IMA from serving as
an administrative service organization to any entity.
``(5) Filing information.--The IMA files with the Secretary
information that demonstrates the IMA's compliance with the
applicable requirements of this title.
``(b) Health Benefits Coverage Requirements.--
``(1) Compliance with consumer protection requirements.--
Any health benefits coverage offered through an IMA shall--
``(A) be underwritten by a health insurance issuer
that--
``(i) is licensed (or otherwise regulated)
under State law,
``(ii) meets all applicable State standards
relating to consumer protection, subject to
section 2902, and
``(B) subject to paragraph (2), be approved or
otherwise permitted to be offered under State law.
``(2) Examples of types of coverage.--The benefits coverage
made available through an IMA may include, but is not limited
to, any of the following if it meets the other applicable
requirements of this title:
``(A) Coverage through a health maintenance
organization.
``(B) Coverage in connection with a preferred
provider organization.
``(C) Coverage in connection with a licensed
provider-sponsored organization.
``(D) Indemnity coverage through an insurance
company.
``(E) Coverage offered in connection with a
contribution into a medical savings account or flexible
spending account.
``(F) Coverage that includes a point-of-service
option.
``(G) Any combination of such types of coverage.
``(3) Wellness bonuses for health promotion.--Nothing in
this title shall be construed as precluding a health insurance
issuer offering health benefits coverage through an IMA from
establishing premium discounts or rebates for members or from
modifying otherwise applicable copayments or deductibles in
return for adherence to programs of health promotion and
disease prevention so long as such programs are agreed to in
advance by the IMA and comply with all other provisions of this
title and do not discriminate among similarly situated members.
``(c) Members; Health Insurance Issuers.--
``(1) Members.--
``(A) In general.--Under rules established to carry
out this title, with respect to an individual who is a
member of an IMA, the individual may enroll for health
benefits coverage (including coverage for dependents of
such individual) offered by a health insurance issuer
through the IMA.
``(B) Rules for enrollment.--Nothing in this
paragraph shall preclude an IMA from establishing rules
of enrollment and reenrollment of members. Such rules
shall be applied consistently to all members within the
IMA and shall not be based in any manner on health
status-related factors.
``(2) Health insurance issuers.--The contract between an
IMA and a health insurance issuer shall provide, with respect
to a member enrolled with health benefits coverage offered by
the issuer through the IMA, for the payment of the premiums
collected by the issuer.
``SEC. 2902. APPLICATION OF CERTAIN LAWS AND REQUIREMENTS.
``State laws insofar as they relate to any of the following are
superseded and shall not apply to health benefits coverage made
available through an IMA:
``(1) Benefit requirements for health benefits coverage
offered through an IMA, including (but not limited to)
requirements relating to coverage of specific providers,
specific services or conditions, or the amount, duration, or
scope of benefits, but not including requirements to the extent
required to implement title XXVII or other Federal law and to
the extent the requirement prohibits an exclusion of a specific
disease from such coverage.
``(2) Any other requirements (including limitations on
compensation arrangements) that, directly or indirectly,
preclude (or have the effect of precluding) the offering of
such coverage through an IMA, if the IMA meets the requirements
of this title.
``SEC. 2903. ADMINISTRATION.
``(a) In General.--The Secretary shall administer this title and is
authorized to issue such regulations as may be required to carry out
this title. Such regulations shall be subject to Congressional review
under the provisions of chapter 8 of title 5, United States Code. The
Secretary shall incorporate the process of `deemed file and use' with
respect to the information filed under section 2901(a)(5) and shall
determine whether information filed by an IMA demonstrates compliance
with the applicable requirements of this title. The Secretary shall
exercise authority under this title in a manner that fosters and
promotes the development of IMAs in order to improve access to health
care coverage and services.
``(b) Periodic Reports.--The Secretary shall submit to Congress a
report every 30 months, during the 10-year period beginning on the
effective date of the rules promulgated by the Secretary to carry out
this title, on the effectiveness of this title in promoting coverage of
uninsured individuals. The Secretary may provide for the production of
such reports through one or more contracts with appropriate private
entities.
``SEC. 2904. DEFINITIONS.
``For purposes of this title:
``(1) Association.--The term `association' means, with
respect to health insurance coverage offered in a State, an
association which--
``(A) has been actively in existence for at least 5
years;
``(B) has been formed and maintained in good faith
for purposes other than obtaining insurance;
``(C) does not condition membership in the
association on any health status-related factor
relating to an individual (including an employee of an
employer or a dependent of an employee); and
``(D) does not make health insurance coverage
offered through the association available other than in
connection with a member of the association.
``(2) Dependent.--The term `dependent', as applied to
health insurance coverage offered by a health insurance issuer
licensed (or otherwise regulated) in a State, shall have the
meaning applied to such term with respect to such coverage
under the laws of the State relating to such coverage and such
an issuer. Such term may include the spouse and children of the
individual involved.
``(3) Health benefits coverage.--The term `health benefits
coverage' has the meaning given the term health insurance
coverage in section 2791(b)(1).
``(4) Health insurance issuer.--The term `health insurance
issuer' has the meaning given such term in section 2791(b)(2).
``(5) Health status-related factor.--The term `health
status-related factor' has the meaning given such term in
section 2791(d)(9).
``(6) Ima; individual membership association.--The terms
`IMA' and `individual membership association' are defined in
section 2901(a).
``(7) Member.--The term `member' means, with respect to an
IMA, an individual who is a member of the association to which
the IMA is offering coverage.''. | Health Care Access and Availability Act of 2005 - Amends the Public Health Service Act to provide for health benefits coverage through individual membership associations (IMAs), which are organizations operated under the direction of an association that: (1) has been in existence for at least five years; (2) was formed for purposes other than obtaining insurance; and (3) does not condition membership on any health status-related factor.
Prohibits an IMA from offering health benefits coverage to any member unless the same coverage is offered to all members of the IMA.
Provides that the IMA shall provide health benefits coverage only through contracts with health insurance issuers and shall not assume insurance risk with respect to such coverage. Allows an IMA to provide administrative services for members, including accounting, billings, and enrollment information.
Requires an IMA to file with the Secretary of Health and Human Services information that demonstrates the IMA's compliance with the requirements of this Act.
Requires that health benefits coverage offered through an IMA be: (1) underwritten by a health insurance issuer that is licensed under state law and meets all state standards relating to consumer protection; and (2) approved or otherwise be permitted under state law. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to expand health care access and choice of coverage through Individual Membership Associations (IMAs)."} | 2,222 | 253 | 0.637564 | 1.835594 | 0.864196 | 3.776824 | 8.609442 | 0.961373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Annuity Income for Life Act
of 2003''.
SEC. 2. EXCLUSION OF PERCENTAGE OF LIFETIME ANNUITY PAYMENTS.
(a) Qualified Plans.--Subsection (e) of section 402 of the Internal
Revenue Code of 1986 (relating to exempt trusts) is amended by adding
at the end the following:
``(7) Exclusion of percentage of lifetime annuity
payments.--
``(A) In general.--In the case of a lifetime
annuity payment from a qualified trust (within the
meaning of subsection (c)(8)(A)) to a qualified
distributee, gross income shall not include 15 percent
of the amount otherwise includible in gross income
(determined without regard to this paragraph).
``(B) Definitions and special rules.--For purposes
of this paragraph--
``(i) Lifetime annuity payment.--
``(I) In general.--The term
`lifetime annuity payment' means a
distribution which is a part of a
series of substantially equal periodic
payments (made not less frequently than
annually) made over the life of the
qualified distributee or the joint
lives of the qualified distributee and
the qualified distributee's designated
beneficiary.
``(II) Exceptions.--Annuity
payments shall not fail to be treated
as part of a series of substantially
equal periodic payments because the
amount of the periodic payments may
vary in accordance with investment
experience, reallocations among
investment options, actuarial gains or
losses, cost of living indices, or
similar fluctuating criteria. The
availability of a commutation benefit,
a minimum period of payments certain,
or a minimum amount to be paid in any
event shall not affect the treatment of
a distribution as a lifetime annuity
payment. In the case of lifetime
annuity payments being made to a
qualified trust, payments by the
qualified trust to a qualified
distributee of the entire amount
received by the qualified trust with
respect to the qualified distributee
shall constitute lifetime annuity
payments.
``(ii) Qualified distributee.--The term
`qualified distributee' means the employee, the
surviving spouse of the employee, and an
alternate payee who is the spouse or former
spouse of the employee.
``(iii) Limitation.--With respect to any
qualified distributee, subparagraph (A) shall
not apply to any lifetime annuity payment to
the extent that such payments, when added to
all previous payments under such annuity to
such qualified distributee during the taxable
year, exceed 50 percent of the applicable
amount for such year under section
415(c)(1)(A). For purposes of this clause, all
lifetime annuity payments received by a
qualified distributee shall be taken into
account to the extent that such payments are
subject to this paragraph or to rules similar
to the rules of this paragraph.
``(C) Recapture tax.--
``(i) In general.--If--
``(I) a portion of a lifetime
annuity payment is not includible in
gross income by reason of subparagraph
(A), and
``(II) the series of payments of
which such payment is a part is
subsequently modified (other than by
reason of death or disability) so that
some or all future payments are not
lifetime annuity payments,
the qualified distributee's gross income for
the first taxable year in which such
modification occurs shall be increased by an
amount, determined under rules prescribed by
the Secretary, equal to the amount which (but
for subparagraph (A)) would have been
includible in the qualified distributee's gross
income if the modification had been in effect
at all times, plus interest for the deferral
period.
``(ii) Deferral period.--For purposes of
clause (i), the term `deferral period' means
the period beginning with the taxable year in
which (without regard to subparagraph (A)) the
payment would have been includible in gross
income and ending with the taxable year in
which the modification described in clause
(i)(II) occurs.''.
(b) Section 403(a) Plans.--Paragraph (4) of section 403(a) of such
Code (relating to qualified annuity plans) is amended by adding at the
end the following new subparagraph:
``(C) Exclusion of percentage of lifetime annuity
payments.--Rules similar to the rules of section
402(e)(7) shall apply to distributions under any
annuity contract to which this subsection applies.''.
(c) Section 403(b) Plans.--Section 403(b) of such Code (relating to
purchased annuities) is amended by adding at the end the following new
paragraph:
``(14) Exclusion of percentage of lifetime annuity
payments.--Rules similar to the rules of section 402(e)(7)
shall apply to distributions under any annuity contract to
which this subsection applies.''.
(d) IRAs.--Section 408(d) of such Code (relating to tax treatment
of distributions) is amended by adding at the end the following new
paragraph:
``(8) Exclusion of percentage of lifetime annuity
payments.--Rules similar to the rules of section 402(e)(7)
shall apply to distributions out of an individual retirement
plan.''.
(e) Section 457 Plans.--Section 457(e) of such Code (relating to
special rules for deferred compensation plans) is amended by adding at
the end the following new paragraph:
``(18) Exclusion of percentage of lifetime annuity
payments.--Rules similar to the rules of section 402(e)(7)
shall apply to distributions from an eligible deferred
compensation plan of an eligible employer described in
subsection (e)(1)(A).''.
(f) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 2003.
SEC. 3. NOTICE OF EQUIVALENT ANNUITY.
(a) In General.--Paragraph (1) of section 402(f) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (D), by striking the period at the end of subparagraph (E)
and inserting ``and'', and by inserting after subparagraph (E) the
following new subparagraph:
``(F) in the case of a participant receiving a
benefit to which section 401(a)(11)(A) does not apply,
in accordance with rules prescribed by the Secretary,
of the amount of a lifetime annuity payment (as defined
in section 402(e)(7)(D)) that is the actuarial
equivalent of account balances specified in such
rules.''.
(b) Rules and Model Notice.--The Secretary of the Treasury shall,
within 180 days of the date of enactment of this Act, issue rules and a
model notice provision under section 402(f)(1)(F) of the Internal
Revenue Code of 1986.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date that is one year after the
date of enactment of this Act. | Secure Annuity Income for Life Act of 2003 - Amends the Internal Revenue Code to exclude from gross income a percentage of lifetime annuity payments from a qualified trust to a qualified distributee. Provides for recapture and taxation of payments that are modified (other than by death or disability) so as to not qualify as lifetime annuity payments.
Applies such exclusion to: (1) section 403(a) plans (employee annuities); (2) section 403(b) plans (public schools and certain tax exempt organizations); (3) section 408 plans (individual retirement accounts); and (4) section 457 plans (deferred compensation plans for State and local governments and tax-exempt organizations).
Defines: (1) "lifetime annuity payment"; and (2) "qualified distributee." | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude from gross income a percentage of lifetime annuity payments, and for other purposes."} | 1,657 | 180 | 0.544057 | 1.435224 | 0.711044 | 2.078431 | 9.091503 | 0.836601 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joshua Omvig Veterans Suicide
Prevention Act''.
SEC. 2. COMPREHENSIVE PROGRAM FOR SUICIDE PREVENTION AMONG VETERANS.
(a) Program Required.--The Secretary of Veterans Affairs shall
develop and implement a comprehensive program for reducing the
incidence of suicide among veterans.
(b) Program Elements.--
(1) De-stigmatizing mental health.--The program required by
subsection (a) shall include a national mental health campaign
to increase awareness in the veteran community that mental
health is essential to overall health and that very effective
modern treatments can promote recovery from mental illness. The
campaign may include the following:
(A) Activities targeted at veterans of Operation
Iraqi Freedom and Operation Enduring Freedom and the
families of such veterans.
(B) Monthly messages on the Internet website of the
Department of Veterans Affairs that express the theme
that mental health is essential to overall health.
(C) Inclusion of the theme described in
subparagraph (B) in public addresses, speeches, and
veterans service organization convention addresses by
the Secretary of Veterans Affairs and other senior
officials of the Department.
(2) Training of employees and other personnel.--The program
shall provide for mandatory training on suicide and suicide
prevention for appropriate employees and contractor personnel
(including all medical personnel) of the Department of Veterans
Affairs who interact with veterans. Such training shall include
information pertinent to the job of such employees and
personnel, including information on the following:
(A) Recognition of risk factors for suicide.
(B) Protocols for responding to crisis situations
involving veterans who may be at high risk for suicide.
(C) Best practices for suicide prevention.
(3) Family education.--The program shall include programs
targeted at family members of veterans to assist such family
members--
(A) understanding issues that arise in the
readjustment of veterans to civilian life;
(B) identifying signs and symptoms of mental health
problems; and
(C) encouraging veterans to seek assistance for
such problems.
(4) Peer support program.--
(A) In general.--The program shall provide support
for the development of a program to enable veterans to
serve as peer counselors to assist other veterans with
mental health issues.
(B) Peer support counseling as a supplemental
service.--The program supported by subparagraph (A)
shall be offered in addition to other mental health
services already offered by the Department and services
created pursuant to this Act.
(5) Health assessments of veterans.--The program shall
encourage all veterans, when they apply for benefits provided
by the Department, to undergo a mental health assessment at a
Department of Veterans Affairs medical facility (including a
center established under section 1712A of title 38, United
States Code).
(6) Counseling and treatment of veterans.--The program
shall provide for referrals to appropriate counseling and
treatment programs for veterans who show signs or symptoms of
mental health problems.
(7) Suicide prevention counselors.--The program shall
provide for the designation of a suicide prevention counselor
at each Department of Veterans Affairs medical facility other
than centers established under section 1712A of title 38,
United States Code. Each counselor shall work with local
emergency rooms, law enforcement agencies, local mental health
organizations, and veterans service organizations to engage in
outreach to veterans to inform them of mental health services
that are available to them and to improve the coordination of
mental health care to veterans at the local level.
(8) Access to mental health services.--The program shall
include mechanisms to ensure that veterans in rural and
geographically remote areas have access to quality mental
health care. In ensuring the delivery of quality mental health
care to such veterans, the Secretary of Veterans Affairs shall
collaborate with the following agencies:
(A) The Department of Health and Human Services.
(B) The National Institute of Mental Health.
(C) The Indian Health Service.
(D) The Health Resources and Services
Administration.
(E) The Substance Abuse and Mental Health Services
Administration.
(9) Research on best practices.--
(A) In general.--The program shall provide for
research on best practices for suicide prevention among
veterans.
(B) Steering committee.--The Secretary of Veterans
Affairs shall develop a steering committee to advise
the Secretary of Veterans Affairs on the research
described in subparagraph (A). Such steering committee
shall be comprised of representatives from the
following:
(i) National Institute of Mental Health.
(ii) Substance Abuse and Mental Health
Services Administration.
(iii) Centers for Disease Control and
Prevention.
(10) Research on sexual trauma.--The program shall provide
for research on mental health care for veterans who experience
sexual trauma while in service in the Armed Forces, including
members who experience such trauma while serving in a reserve
component of the Armed Forces.
(11) 24-hour mental health care.--The program shall include
mechanisms to ensure the availability of services for mental
health care for veterans on a 24-hour basis.
(12) Telephone hotline.--The program may include a toll-
free telephone number (commonly referred to as an ``800
number'') through which veterans may obtain information on and
referrals to appropriate mental health services. The telephone
number shall be serviced by personnel with appropriate mental
health training, and shall be operational at all times.
(13) Other elements.--The program may provide for such
other activities and programs to reduce the incidence of
suicide among veterans as the Secretary of Veterans Affairs
considers appropriate.
SEC. 3. REPORT TO CONGRESS ON SUICIDE PREVENTION PROGRAMS AND
ACTIVITIES.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the programs and activities of the Department
of Veterans Affairs to reduce the incidence of suicide among veterans.
(b) Elements.--The report shall include the following:
(1) A description of the status of the implementation of
the program required by section 2(a).
(2) A description of the scheduled implementation of the
program during the two-year period beginning on the date of the
enactment of this Act, including the costs of implementation of
the program over that period.
(3) A plan for additional programs and activities to reduce
the incidence of suicide among veterans.
(4) Such recommendations for additional legislative or
administrative action as the Secretary considers appropriate to
improve and enhance the suicide prevention programs and
activities of the Department.
(c) Consultation.--In developing the plan required by subsection
(b)(3), the Secretary shall consult with the following:
(1) The National Institute of Mental Health.
(2) The Substance Abuse and Mental Health Services
Administration.
(3) Centers for Disease Control and Prevention.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) suicide among veterans suffering from post-traumatic
stress disorder (PTSD) is a serious problem; and
(2) the Secretary of Veterans Affairs should take into
consideration the special needs of veterans suffering from
post-traumatic stress disorder in developing and implementing
the comprehensive program required by section 2(a). | Joshua Omvig Veterans Suicide Prevention Act - Directs the Secretary of Veterans Affairs to develop and implement a comprehensive program for reducing the incidence of suicide among veterans.
Requires the program to include: (1) a national mental health campaign to increase mental health awareness in the veteran community; (2) mandatory training on suicide and suicide prevention for appropriate Department of Veterans Affairs (VA) employees and contractor personnel; (3) family education and peer support counseling; (4) veterans' health assessments, counseling, and access to mental health services; (5) suicide prevention counselors; (6) research on suicide prevention and on mental health of veterans who experienced sexual trauma; (7) 24-hour veterans' mental health care availability; and (8) a toll-free hotline.
Expresses the sense of Congress that: (1) suicide among veterans suffering from post-traumatic stress disorder (PTSD) is a serious problem; and (2) the Secretary should take into consideration the special needs of veterans suffering from PTSD in developing and implementing the program. | {"src": "billsum_train", "title": "A bill to reduce the incidence of suicide among veterans."} | 1,512 | 209 | 0.65363 | 1.783277 | 1.057237 | 4.213592 | 7.160194 | 0.951456 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Clearance Enhancement Act
of 2014''.
SEC. 2. ENHANCEMENT OF SECURITY CLEARANCE INVESTIGATION PROCEDURES.
(a) Information Collection.--Section 3001(c)(2) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(c)(2)) is
amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking the period and
inserting a semicolon; and
(3) by adding at the end the following:
``(D) ensure that each personnel security investigation
collects data from a variety of sources, including government,
commercial data, consumer reporting agencies, and social media;
``(E) ensure that each personnel security investigation of
an individual collects data relevant to the granting, denial,
or revocation of the access to classified information,
including--
``(i) information relating to a criminal or civil
legal proceeding to which the individual is or becomes
a party or witness;
``(ii) financial information, including information
relating to--
``(I) a bankruptcy proceeding;
``(II) a lien against property;
``(III) mortgage fraud;
``(IV) high-value assets, including
financial assets, obtained by the individual
from an unknown source; and
``(V) bank accounts and bank account
balances;
``(iii) credit reports from the major consumer
reporting agencies or a wealth indicator for any
individual about whom the major credit reporting
agencies have little or no information;
``(iv) associations, past or present, of the
individual with an individual or group that may suggest
ill intent, vulnerability to blackmail, compulsive
behavior, allegiance to another country, or change in
ideology;
``(v) public information, including news articles
or reports, that includes derogatory information about
the individual;
``(vi) information posted on a social media website
or forum that may suggest ill intent, vulnerability to
blackmail, compulsive behavior, allegiance to another
country, or change in ideology; and
``(vii) data maintained on a terrorist or criminal
watch list maintained by an agency, State or local
government, or international organization, including
any such list maintained by--
``(I) the Office of Foreign Assets Control
of the Department of the Treasury;
``(II) the Federal Bureau of Investigation;
and
``(III) the International Criminal Police
Organization;
``(F) provide for review of the accuracy and
comprehensiveness of information relating to the access to
classified information of an individual through timely periodic
reinvestigations and include data collected during such
reinvestigations in the database required by subsection (e);
and
``(G) provide for a process for notification of an agency
employing or contracting with personnel with access to
classified information if a verification or periodic
reinvestigation has revealed information pertinent to
revocation of the access.''.
(b) Frequency of Periodic Reinvestigations.--Section 3001(a)(7) of
such Act (50 U.S.C. 3341(a)(7)) is amended by striking ``every'' and
inserting ``2 times every'' each place it occurs.
(c) Reports.--Section 3001(h) of such Act (50 U.S.C. 3341(h)) is
amended--
(1) in paragraph (1) by striking ``through 2011''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) an assessment of the effectiveness of the database
required by subsection (e);''.
(d) Funding From the Revolving Fund of the Office of Personnel
Management.--Section 1304(e)(1) of title 5, United States Code, is
amended by inserting ``the security clearance system required under
section 3001(e) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 3341(e)),'' after ``including''.
SEC. 3. LIMITATION.
None of the amendments made by this Act shall be construed as
requiring increased consideration of information relating to minor
financial or mental health issues of an individual in evaluating the
access to classified information of such individual.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect 1 year after the
date of enactment of this Act. | Security Clearance Enhancement Act of 2014 - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to expand the responsibilities of the executive agency selected to conduct security clearance investigations of U.S. government employees and contractors who require access to classified information. Requires such agency to provide for: (1) the collection of data from government, commercial data, consumer reporting agency, and social media sources, as well as data relevant to the granting, denial, or revocation of access to classified information; (2) periodic reinvestigations to review the accuracy and comprehensiveness of information relating to such access; and (3) a process to notify an agency if a verification or periodic reinvestigation has revealed information pertinent to revocation of access. Requires personnel security investigations of an individual to include information collected from: criminal or civil legal proceedings; financial information sources, including bankruptcy proceedings, property liens, mortgages, high-value assets obtained from unknown sources, and bank accounts; credit reports or wealth indicators; associations with an individual or group that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, or change in ideology; public sources, including news articles or reports; social media websites or forums; and terrorist or criminal watch lists maintained by an agency, state or local government, or international organization, including the Office of Foreign Assets Control of the Department of the Treasury, the Federal Bureau of Investigation (FBI), and the International Criminal Police Organization. Requires data collected during reinvestigations to be included in the security clearance database established by the Office of Personnel Management (OPM). Increases the frequency of periodic investigations conducted for the purpose of updating a previously completed background investigation to two times (currently, once) every: (1) 5 years in the case of a top secret clearance or access to a highly sensitive program, (2) 10 years in the case of a secret clearance, or (3) 15 years in the case of a confidential clearance. Reestablishes an annual report to Congress regarding security clearances. Requires such reports to assess the effectiveness of OPM's security clearance database. Prohibits this Act from being construed to require increased consideration of information relating to an individual's minor financial or mental health issues. | {"src": "billsum_train", "title": "Security Clearance Enhancement Act of 2014"} | 1,075 | 500 | 0.62736 | 2.069504 | 0.826511 | 2.788506 | 2.163218 | 0.816092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Steps for Haiti Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Haiti is the world's first black-led republic and the
first Caribbean country to achieve independence.
(2) Since its independence on January 1, 1804, the
Government of Haiti has struggled to meet the promise of
freedom and democracy expressed in the Preliminary Declaration
of its 1805 Constitution, which reads: ``The Citizens of Haiti
are brothers at home; equality in the eyes of the law is
incontestably acknowledged, and there cannot exist any titles,
advantages, or privileges, other than those necessarily
resulting from the consideration and reward to liberty and
independence.''.
(3) According to the United States Agency for International
Development (USAID), following the end of the 29-year Duvalier
dictatorship in 1986, the people of Haiti have suffered over a
dozen government turnovers, including six military regimes,
three appointed transition governments, and four elected
presidencies.
(4) The government changes, accompanied with ongoing
violence, have limited the government's capacity to provide
security for its citizens as well as an environment conducive
for the development of infrastructure to take root.
(5) Since the return of Haiti's democracy, the country has
taken steps to achieve a relative measure of stability.
However, the recent 40 percent rise in global food prices and
subsequent 50 percent rise in the cost of Haiti's staple foods
since mid-2007 has threatened Haiti's security and the capacity
of Haiti's economy to prosper.
(6) According to the Department of State, workforce
unemployment and underemployment are rampant. Estimates suggest
that two-thirds of the country's 3,600,000 workers are without
consistent work. The minimum wage of 70 gourdes per day (U.S.
$1.70) undermines Haiti's ability to attract the skilled labor
necessary to expand its economy. Reports indicate that Haitians
are migrating to neighboring countries, mostly to the Dominican
Republic to find work. Moreover, the 500,000 Haitians living in
New York City and the 380,000 in Miami represent a loss of
skills and expertise that Haiti has been unable to replace.
(7) Despite a strong social demand for education among
Haitian families, the education sector in Haiti is
characterized by a weak state capacity to provide and regulate
educational services. According to USAID, Haitian families pay
15 percent of their household income for schooling. Yet, there
is an adult literacy rate of 52 percent and a primary school
enrollment rate of 67 percent. Less than 30 percent of the
children who enter primary school will reach the 6th grade.
(8) According to the World Bank, approximately 500,000
children aged 6-11 do not attend school of any kind, and only
about half of all six year olds enroll in first grade. Eighty
percent of all primary level students attend nonpublic schools
financed by parents, religious associations, NGO's, and other
sources. Haiti continues to face severe obstacles in education
due to access, equity, quality, and institutional capacity.
(9) According to the Department of State, in terms of
health, Haiti has poor sanitation systems, poor nutrition, and
inadequate health services. Eighty percent of Haiti's
population lives below the poverty line. Less than half of the
population has access to clean drinking water and 28 percent
have access to adequate sanitation.
(10) Only 43 percent of the target population receives the
recommended immunizations. Haiti, thus, has a life expectancy
at birth of 53 years and a mortality rate of 12.2 deaths per
1,000 in population.
(11) There are 25 physicians and 11 nurses per 100,000 in
population. Only one-fourth of births are attended by a skilled
health professional.
(12) Haiti has the highest incidence of HIV/AIDS outside of
Africa, with a national prevalence rate of 4.5 percent of the
population.
(13) In terms of the environment, USAID reports that Haiti
is ill equipped for the aftermath of tropical storms. The
country lacks adequate management plans for natural disasters.
Severe deforestation has left it vulnerable to flooding from
the most moderate rainfall. Over 90 percent of the country's
forests have been cleared for fuel, thus flash floods and
mudslides across the country have damaged farmland and
contributed to increased poverty.
SEC. 3. THE NEXT STEPS FOR HAITI ACT OF 2008.
(a) Program Authorized.--The Director of Foreign Assistance, in
consultation with the democratically elected Government of Haiti and
Haitian civil society organizations, is authorized to establish a
professional exchange program in Haiti, to be known as the ``Haiti
Professional Exchange Program'' (in this Act referred to as the
``Exchange Program''). At all phases of the Exchange Program, including
establishing the Exchange Program's priorities, identifying the most
appropriate skills for Exchange Program participants, and selecting and
supervising Exchange Program participants, the democratically elected
Government of Haiti and Haitian civil society organizations shall be
consulted.
(b) Purpose.--The purpose of the Exchange Program is to assign
qualified Haitian Americans and others to provide technical assistance
to help Haiti improve in areas vital to its growth and development,
which may include education, energy, environment, healthcare,
infrastructure, security, transportation, and disaster preparedness.
(c) Coordination.--In carrying out the Exchange Program, the
Director of Foreign Assistance shall negotiate an agreement with the
democratically elected Government of Haiti to--
(1) provide technical assistance in areas vital to Haiti's
growth and development as provided under subsection (b); and
(2) identify, in accordance with Haitian needs and
priorities, the sectors or professional fields to which
Exchange Program participants may provide technical assistance
and the objectives to be achieved, including specific projects
or programs.
(d) Consultation With Haitian Civil Society Organizations.--The
democratically elected Government of Haiti should consult with Haitian
civil society organizations to identify the needs and priorities of
Haiti to outline the sectors or professional fields to which Exchange
Program participants may provide technical assistance and the
objectives to be achieved, including specific projects or programs.
(e) Selection of Individuals for Participation in the Exchange
Program.--The Director of Foreign Assistance shall establish a
selections committee, consisting of representatives of the
democratically elected Government of Haiti and Haitian civil society
organizations, to identify criteria that should be met by individuals
who wish to participate in the Exchange Program. In addition, the
selections committee shall review potential eligible applicants who
wish to participate in the Exchange Program to ensure that they can act
as experts.
(f) Outreach Program To Encourage Applicants To Participate in the
Exchange Program.--The Director of Foreign Assistance shall establish
an outreach program to encourage eligible applicants to participate in
the Exchange Program, who, as a requisite, shall meet the following
requirements:
(1) Are citizens of the United States or lawfully admitted
for permanent residence in the United States.
(2) At a minimum, should possess--
(A) fluency in Kreyol or are working towards a
proficiency in Kreyol, or willing to undertake
intensive Kreyol training, to the satisfaction of the
selection committee; or
(B) fluency in French or are working towards a
proficiency in French, or willing to undertake
intensive French training, to the satisfaction of the
selection committee.
(3) Any other criteria, skills, or expertise identified by
the selections committee as necessary to provide technical
assistance in one of the areas identified pursuant to
subsection (c)(2).
(g) Terms of Participation for Individuals in the Exchange
Program.--
(1) Orientation required for individuals in the exchange
program.--Participants shall attend an orientation outlined by
the Director of Foreign Assistance, in consultation with the
selection committee. The orientation shall consist of workshops
and seminars designed to prepare participants for their stay in
Haiti. Topics addressed shall include the following:
(A) A review of the Exchange Program's goals and
intentions.
(B) A review of Haiti's different approaches to the
country's development needs.
(C) A review of the potential cultural and
behavioral barriers individuals may face while
participating in the Exchange Program.
(2) Length of service in exchange program.--
(A) 27 months.--Individuals may participate in the
Exchange Program for not longer than 27 months.
(B) Exception.--If a participant would like to
extend the duration of time of participation in the
program, an application for such an extension shall be
subject to approval of the Director of Foreign
Assistance, in consultation with the democratically
elected Government of Haiti. Upon approval, individuals
may participate in the Exchange Program for one
additional year.
(C) Compensation and readjustment allowance.--
(i) Compensation.--An individual who
participates in the Exchange Program shall
receive monthly compensation equal to the
average monthly salary of such individual's
professional Haitian counterpart.
(ii) Readjustment allowance.--At the end of
an individual's participation in the Exchange
Program, the Director of Foreign Assistance
shall provide to such individual a readjustment
allowance in an amount equal to the number of
months such individual participated in the
Exchange Program multiplied by $250.
(3) Enactment, notice, and cooperation.--
(A) Establishment.--The Exchange Program shall be
established not later than 180 days after the date of
the enactment of this Act.
(B) Notice.--Not later than 30 days after the date
on which the Director of Foreign Assistance establishes
the Exchange Program under subsection (a), the Director
shall--
(i) provide notice thereof to Congress; and
(ii) submit to Congress information on the
Exchange Program that contains the agreement
governing the scope of work negotiated with the
democratically elected Government of Haiti, a
recruitment plan for participants, and a
description of the qualifications and other
appropriate information relating to individuals
who are to be recruited to participate in the
Exchange Program, including the needs that the
individuals are expected to fill under the
Exchange Program.
(C) Cooperation.--The Director of Foreign
Assistance, in cooperation with the democratically
elected Government of Haiti, shall report to Congress
annually on the implementation of the Exchange Program,
including as to--
(i) the selection of projects or activities
in which individuals will be involved under the
Exchange Program; and
(ii) the manner in which the Exchange
Program will be made known to the public in the
United States and Haiti.
(4) Definitions.--In this section:
(A) Civil society.--The term ``civil society''
means voluntary civic and social organizations and may
include registered charities, grassroots organizations,
coalitions and advocacy groups, and professional
associations.
(B) Expert advisors.--The term ``expert advisors''
means individuals who possess extensive experience in
fields which will benefit Haiti that may include
education, energy, environment, healthcare,
infrastructure, security, transportation, and disaster
preparedness.
(5) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated for each of fiscal years 2009 through 2014
such sums as may be necessary to carry out this
section.
(B) Sense of congress.--It is the sense of Congress
that at least $3,000,000 should be made available for
each of the fiscal years specified in subparagraph (A)
to carry out this section.
(h) Reports.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act and annually thereafter, the Director
of Foreign Assistance shall submit to Congress a report
regarding the Exchange Program.
(2) Contents.--The reports shall include information
relating to the following:
(A) Individuals and organizations selected to
participate and receive funds and a detailed breakdown
of the uses of such funds, including purpose,
locations, and results.
(B) The potential for expansion of the Exchange
Program.
(C) The number of individuals recruited to
participate in the Exchange Program, their countries of
origin and their current residences, and the ministry
or agency and the locality in which each individual is
placed.
(D) A statement of financial accounting.
SEC. 4. LOAN FORGIVENESS FOR EXCHANGE PROGRAM PARTICIPANTS.
(a) Program Established.--
(1) Program authorized.--The Secretary of State, in
cooperation with the Secretary of Education, shall establish
and implement a program to cancel the obligation of loan
borrowers to pay the principal and interest on student loans
for program participants, during their service in the Exchange
Program under section 2.
(2) Method of repayment.--The Secretary of State shall
carry out such program by repaying in accordance with
subsection (b) the principal and interest, not to exceed a
total of $10,000, on a loan made under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) for a borrower
who--
(A) has obtained an undergraduate or graduate
degree;
(B) is selected to participate in the Exchange
Program under section 2 of this Act;
(C) is a United States citizen or permanent legal
resident; and
(D) is in repayment status on such loan and is not
in default on a loan for which the borrower seeks
forgiveness of principal and interest payments.
(b) Terms.--
(1) Promise to complete service required for payment.--Any
application for payment under subsection (a) shall contain an
agreement by the applicant that the applicant will continue in
a qualifying service described in subsection (a)(2)(B) for not
less than 1 complete year, or will, upon a failure to complete
such year, repay the United States the amount of the principal
and interest repaid by the Secretary under subsection (a), at a
rate and schedule, and in accordance with regulations,
prescribed by the Secretary. Such regulations may provide for
waiver by the Secretary of such repayment obligations upon
proof of economic hardship as specified in such regulations.
(2) Payment in installments.--After a borrower has been
selected as a participant of the Exchange Program under section
2, the Secretary shall make payments under this section while
the borrower is in loan repayment status and continues as a
participant of such program. The Secretary shall repay a
portion of a borrower's outstanding loan, not to exceed a total
of $10,000, in the following increments:
(A) Up to $2,000, or 20 percent of the borrower's
outstanding loan balance, whichever is less, at the
completion of the first year of such service.
(B) Up to $2,500, or 25 percent of the borrower's
outstanding loan balance, whichever is less, at the
completion of the second year of such service.
(C) Up to $5,000, or 50 percent of the borrower's
outstanding loan balance, whichever is less, at the
completion of the third and final year of such service.
(c) Regulations.--The Secretary of State is authorized to issue
such regulations as may be necessary to carry out this section. Such
regulations shall establish procedures by which borrowers shall apply
for loan repayment under this section. | Next Steps for Haiti Act of 2008 - Authorizes the Director of Foreign Assistance, in consultation with the government of Haiti and Haitian civil society organizations, to establish the Haiti Professional Exchange Program whose purpose shall be to assign qualified Haitian Americans and others to provide technical assistance to help Haiti improve in areas vital to its growth and development, including education, energy, environment, health care, infrastructure, security, transportation, and disaster preparedness.
Requires that the Director establish an outreach program to encourage Exchange Program participation.
Sets forth Program provisions.
Authorizes appropriations. | {"src": "billsum_train", "title": "To provide for professional exchanges with Haiti, and for other purposes."} | 3,222 | 122 | 0.346619 | 1.054114 | 0.562227 | 6.25 | 28.675926 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antitrust Improvements Act of
1998''.
SEC. 2. PURPOSE.
The purpose of this Act is to enhance the authority of the Attorney
General to prevent certain mergers and acquisitions that would
unreasonably limit competition in the telecommunications industry in
any case in which certain Federal requirements that would enhance
competition are not met.
SEC. 3. RESTRAINT OF TRADE.
The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the
end the following new section:
``SEC. 27. RESTRAINT OF TRADE REGARDING TELECOMMUNICATIONS.
``(a) Large Local Telephone Company Defined.--In this section, the
term `large local telephone company' means a local telephone company
that, as of the date of a proposed merger or acquisition covered by
this section, serves more than 5 percent of the telephone access lines
in the United States.
``(b) Restraint of Trade Regarding Telecommunications.--
Notwithstanding any other provision of law, a large local telephone
company, including any affiliate of such a company, shall not merge
with or acquire a controlling interest in another large local telephone
company unless--
``(1) the Attorney General finds that the proposed merger
or acquisition will promote competition for telephone exchange
services and exchange access services; and
``(2) the Federal Communications Commission finds that each
large local telephone company that is a party to the proposed
merger or acquisition, with respect to at least \1/2\ of the
access lines in each State served by that company, of which at
least \1/2\ are residential access lines, has fully implemented
the requirements of sections 251 and 252 of the Communications
Act of 1934 (47 U.S.C. 251, 252), including the regulations of
the Commission and of the States that implement those
requirements.
``(c) Report of the Attorney General.--Not later than 10 days after
the Attorney General makes a finding described in subsection (b)(1),
the Attorney General shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report on the finding, including an analysis of the
effect of the merger or acquisition on competition in the United States
telecommunications industry.
``(d) Application Process.--
``(1) In general.--Each large local telephone company or
affiliate of a large local telephone company proposing to merge
with or acquire a controlling interest in another large local
telephone company shall file an application with both the
Attorney General and the Federal Communications Commission, on
the same day.
``(2) Decisions.--The Attorney General and the Federal
Communications Commission shall issue a decision regarding the
application within the time period applicable to review of
mergers under section 7A of this Act.
``(e) Jurisdiction of the United States Courts.--
``(1) In general.--The district courts of the United States
are vested with jurisdiction to prevent and restrain any
mergers or acquisitions described in subsection (d) that are
inconsistent with a finding under subsection (b) (1) or (2).
``(2) Actions.--The Attorney General may institute
proceedings in any district court of the United States in the
district in which the defendant resides or is found or has an
agent and that court shall order such injunctive, and other
relief, as may be appropriate if--
``(A) the Attorney General makes a finding that a
proposed merger or acquisition described in subsection
(d) does not meet the applicable condition under
subsection (b)(1); or
``(B) the Federal Communications Commission makes a
finding that 1 or more of the parties to the merger or
acquisition referred to in subsection (b)(2) do not
meet the requirements specified in that subsection.''.
SEC. 4. PRESERVATION OF EXISTING AUTHORITIES.
(a) In General.--Nothing in this Act or the amendments made by this
Act shall be construed to modify, impair, or supersede the
applicability of the antitrust laws, or any authority of the Federal
Communications Commission under the Communications Act of 1934 (47
U.S.C. 151 et seq.), with respect to mergers, acquisitions, and
affiliations of large incumbent local exchange carriers.
(b) Antitrust Laws Defined.--In this section, the term ``antitrust
laws'' has the meaning given that term in the first section of the
Clayton Act (15 U.S.C. 12).
SEC. 5. APPLICABILITY.
This Act and the amendments made by this Act shall apply to a
merger or acquisition of a controlling interest of a large local
telephone company (as that term is defined in section 27 of the Clayton
Act, as added by section 3 of this Act), occurring on or after the date
of enactment of this Act. | Antitrust Improvements Act of 1998 - Amends the Clayton Act to prohibit a large local telephone company (defined as a local telephone company that, as of the date of a proposed merger or acquisition (merger) covered by the Act, serves more than five percent of the telephone access lines in the United States), including any affiliate of such a company, from merging with or acquiring a controlling interest in another such company unless: (1) the Attorney General finds that the proposed merger will promote competition for telephone exchange services and exchange access services; and (2) the Federal Communications Commission (FCC) finds that each large local telephone company that is a party to the proposed merger, with respect to at least half of the access lines in each State served by that company of which at least half are residential access lines, has fully implemented requirements of the Communications Act of 1934 regarding interconnection (including duties of telecommunications and local exchange carriers) and regarding procedures for negotiation, arbitration, and approval of agreements, including FCC and State implementing regulations.
Directs the Attorney General to report to specified congressional committees within ten days on the finding, including an analysis of the effect of the merger on competition in the U.S. telecommunications industry.
Requires: (1) each large local telephone company or affiliate of such company proposing to merge with or acquire a controlling interest in another such company to file an application with both the Attorney General and the FCC on the same day; and (2) the Attorney General and the FCC to issue a decision regarding the application within the time period applicable to review of mergers under the Act.
Vests jurisdiction in the U.S. district courts to prevent and restrain any such mergers that are inconsistent with the finding.
Authorizes the Attorney General to institute proceedings in any U.S. district court in which the defendant resides, is found, or has an agent, and directs the court to order appropriate relief, if the Attorney General makes a finding that a proposed merger does not meet the applicable condition, or the FCC makes a finding that one or more of the parties to the merger do not meet specified requirements. | {"src": "billsum_train", "title": "Antitrust Improvements Act of 1998"} | 1,092 | 456 | 0.747183 | 2.231732 | 0.857339 | 4.436893 | 2.378641 | 0.907767 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enemy Belligerent Interrogation,
Detention, and Prosecution Act of 2010''.
SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN
MILITARY CUSTODY.
(a) Military Custody Requirement.--Whenever within the United
States, its territories, and possessions, or outside the territorial
limits of the United States, an individual is captured or otherwise
comes into the custody or under the effective control of the United
States who is suspected of engaging in hostilities against the United
States or its coalition partners through an act of terrorism, or by
other means in violation of the laws of war, or of purposely and
materially supporting such hostilities, and who may be an unprivileged
enemy belligerent, the individual shall be placed in military custody
for purposes of initial interrogation and determination of status in
accordance with the provisions of this Act.
(b) Reasonable Delay for Intelligence Activities.--An individual
who may be an unprivileged enemy belligerent and who is initially
captured or otherwise comes into the custody or under the effective
control of the United States by an intelligence agency of the United
States may be held, interrogated, or transported by the intelligence
agency and placed into military custody for purposes of this Act if
retained by the United States within a reasonable time after the
capture or coming into the custody or effective control by the
intelligence agency, giving due consideration to operational needs and
requirements to avoid compromise or disclosure of an intelligence
mission or intelligence sources or methods.
SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED
UNPRIVILEGED ENEMY BELLIGERENTS.
(a) Establishment of Interrogation Groups.--
(1) Establishment authorized.--The President is authorized
to establish an interagency team for purposes as follows:
(A) To interrogate under subsection (b) individuals
placed in military custody under section 2.
(B) To make under subsection (c)(1) a preliminary
determination of the status of individuals described in
section 2.
(2) Composition.--Each interagency team under this
subsection shall be composed of such personnel of the Executive
Branch having expertise in matters relating to national
security, terrorism, intelligence, interrogation, or law
enforcement as the President considers appropriate. The members
of any particular interagency team may vary depending on the
skills most relevant to a particular case.
(3) Designations.--
(A) High-value detainee.--An individual placed in
military custody under section 2 shall, while subject
to interrogation and determination of status under this
section, be referred to as a ``high-value detainee'' if
the individual meets the criteria for treatment as such
established in the regulations required by subsection
(d).
(B) High-value detainee interrogation group.--An
interagency team established under this subsection
shall be known as a ``high-value detainee interrogation
group''.
(b) Interrogations.--
(1) Interrogations to be conducted by high-value detainee
interrogation group.--A high-value detainee interrogation group
established under this section shall conduct the interrogations
of each high-value detainee.
(2) Utilization of other personnel.--A high-value detainee
interrogation group may utilize military and intelligence
personnel, and Federal, State, and local law enforcement
personnel, in conducting interrogations of a high-value
detainee. The utilization of such personnel for the
interrogation of a detainee shall not alter the responsibility
of the interrogation group for the coordination within the
Executive Branch of the interrogation of the detainee or the
determination of status and disposition of the detainee under
this Act.
(3) Inapplicability of certain statement and rights.--A
individual who is suspected of being an unprivileged enemy
belligerent shall not, during interrogation under this
subsection, be provided the statement required by Miranda v.
Arizona (384 U.S. 436 (1966)) or otherwise be informed of any
rights that the individual may or may not have to counsel or to
remain silent consistent with Miranda v. Arizona.
(c) Determinations of Status.--
(1) Preliminary determination by high-value detainee
interrogation group.--The high-value detainee interrogation
group responsible for interrogating a high-value detainee under
subsection (b) shall make a preliminary determination whether
or not the detainee is an unprivileged enemy belligerent. The
interrogation group shall make such determination based on the
result of its interrogation of the individual and on all
intelligence information available to the interrogation group.
The interrogation group shall, after consultation with the
Director of National Intelligence, the Director of the Federal
Bureau of Investigation, and the Director of the Central
Intelligence Agency, submit such determination to the Secretary
of Defense and the Attorney General.
(2) Final determination.--As soon as possible after receipt
of a preliminary determination of status with respect to a
high-value detainee under paragraph (1), the Secretary of
Defense and the Attorney General shall jointly submit to the
President and to the appropriate committees of Congress a final
determination whether or not the detainee is an unprivileged
enemy belligerent for purposes of this Act. In the event of a
disagreement between the Secretary of Defense and the Attorney
General, the President shall make the final determination.
(3) Deadline for determinations.--All actions required
regarding a high-value detainee under this subsection shall, to
the extent practicable, be completed not later than 48 hours
after the detainee is placed in military custody under section
2.
(d) Regulations.--
(1) In general.--The operations and activities of high-
value detainee interrogation groups under this section shall be
governed by such regulations and guidance as the President
shall establish for purposes of implementing this section. The
regulations shall specify the officer or officers of the
Executive Branch responsible for determining whether an
individual placed in military custody under section 2 meets the
criteria for treatment as a high-value detainee for purposes of
interrogation and determination of status by a high-value
interrogation group under this section.
(2) Criteria for designation of individuals as high-value
detainees.--The regulations required by this subsection shall
include criteria for designating an individual as a high-value
detainee based on the following:
(A) The potential threat the individual poses for
an attack on civilians or civilian facilities within
the United States or upon United States citizens or
United States civilian facilities abroad at the time of
capture or when coming under the custody or control of
the United States.
(B) The potential threat the individual poses to
United States military personnel or United States
military facilities at the time of capture or when
coming under the custody or control of the United
States.
(C) The potential intelligence value of the
individual.
(D) Membership in al Qaeda or in a terrorist group
affiliated with al Qaeda.
(E) Such other matters as the President considers
appropriate.
(3) Paramount purpose of interrogations.--The regulations
required by this subsection shall provide that the paramount
purpose of the interrogation of high-value detainees under this
Act shall be the protection of United States civilians and
United States civilian facilities through thorough and
professional interrogation for intelligence purposes.
(4) Submittal to congress.--The President shall submit the
regulations and guidance required by this subsection to the
appropriate committees of Congress not later than 60 days after
the date of the enactment of this Act.
SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY
BELLIGERENTS.
(a) Limitation.--No funds appropriated or otherwise made available
to the Department of Justice may be used to prosecute in an Article III
court in the United States, or in any territory or possession of the
United States, any alien who has been determined to be an unprivileged
enemy belligerent under section 3(c)(2).
(b) Applicability Pending Final Determination of Status.--While a
final determination on the status of an alien high-value detainee is
pending under section 3(c)(2), the alien shall be treated as an
unprivileged enemy belligerent for purposes of subsection (a).
SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.
An individual, including a citizen of the United States, determined
to be an unprivileged enemy belligerent under section 3(c)(2) in a
manner which satisfies Article 5 of the Geneva Convention Relative to
the Treatment of Prisoners of War may be detained without criminal
charges and without trial for the duration of hostilities against the
United States or its coalition partners in which the individual has
engaged, or which the individual has purposely and materially
supported, consistent with the law of war and any authorization for the
use of military force provided by Congress pertaining to such
hostilities.
SEC. 6. DEFINITIONS.
In this Act:
(1) Act of terrorism.--The term ``act of terrorism'' means
an act of terrorism as that term is defined in section 101(16)
of the Homeland Security Act of 2002 (6 U.S.C. 101(16)).
(2) Alien.--The term ``alien'' means an individual who is
not a citizen of the United States.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, the
Committee on the Judiciary, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Homeland Security, the Committee on the Judiciary,
and the Permanent Select Committee on Intelligence of
the House of Representatives.
(4) Article iii court.--The term ``Article III court''
means a court of the United States established under Article
III of the Constitution of the United States.
(5) Coalition partner.--The term ``coalition partner'',
with respect to hostilities engaged in by the United States,
means any State or armed force directly engaged along with the
United States in such hostilities or providing direct
operational support to the United States in connection with
such hostilities.
(6) Geneva convention relative to the treatment of
prisoners of war.--The term ``Geneva Convention Relative to the
Treatment of Prisoners of War'' means the Geneva Convention
Relative to the Treatment of Prisoners of War, done at Geneva
August 12, 1949 (6 UST 3316).
(7) Hostilities.--The term ``hostilities'' means any
conflict subject to the laws of war, and includes a deliberate
attack upon civilians and civilian targets protected by the
laws of war.
(8) Privileged belligerent.--The term ``privileged
belligerent'' means an individual belonging to one of the eight
categories enumerated in Article 4 of the Geneva Convention
Relative to the Treatment of Prisoners of War.
(9) Unprivileged enemy belligerent.--The term
``unprivileged enemy belligerent'' means an individual (other
than a privileged belligerent) who--
(A) has engaged in hostilities against the United
States or its coalition partners;
(B) has purposely and materially supported
hostilities against the United States or its coalition
partners; or
(C) was a part of al Qaeda at the time of capture.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this
Act, and shall apply with respect to individuals who are captured or
otherwise come into the custody or under the effective control of the
United States on or after that date. | Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 - Requires an individual who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism and who may be an unprivileged enemy belligerent to be placed in military custody for purposes of initial interrogation and determination of status. Allows the detention and interrogation of such individuals for a reasonable time after capture or coming into custody. Defines "unprivileged enemy belligerent" as an individual who: (1) has engaged in hostilities against the United States or its coalition partners; (2) has purposely and materially supported hostilities against the United States or its coalition partners; or (3) was a part of al Qaeda at the time of capture.
Authorizes the President to establish an interagency team composed of executive branch personnel with expertise in national security, terrorism, intelligence, interrogation, or law enforcement to interrogate an individual placed in military custody and to determine if such individual is an unprivileged enemy belligerent. Designates such team as a high-value detainee interrogation group.
Designates certain individuals in military custody as high value detainees based upon the potential threat such individuals pose for an attack on the United States, its citizens, or military personnel, the potential intelligence value of such individuals, or membership in al Qaeda or an affiliated terrorist group. Directs the high-value detainee interrogation group to conduct interrogations of such individuals and make preliminary determinations whether such individuals are unprivileged enemy belligerents. Deems as the paramount purpose of such interrogations the protection of U.S. civilians and facilities through thorough and professional interrogation for intelligence purposes.
Prohibits the use of Department of Justice (DOJ) appropriated funds to prosecute an unprivileged enemy belligerent in an Article III court.
Allows the detention of an unprivileged enemy belligerent without criminal charges or trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged or which the individual has purposely and materially supported. | {"src": "billsum_train", "title": "A bill to provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes."} | 2,643 | 467 | 0.733401 | 2.474323 | 0.839138 | 4.560647 | 6.153639 | 0.959569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Fair Federal
Compensation Act of 2002''.
TITLE I--DEDICATED INFRASTRUCTURE ACCOUNT
SEC. 101. ESTABLISHMENT OF ACCOUNT.
There is established in the general fund of the District of
Columbia an account to be known as the Dedicated Infrastructure Account
(hereafter in this title referred to as the ``Account''), which shall
consist of the following amounts:
(1) Amounts deposited pursuant to section 102.
(2) Such other amounts as may be deposited pursuant to
District of Columbia law.
(3) Interest earned on amounts in the account.
SEC. 102. DEPOSIT OF REVENUE OBTAINED UNDER NONRESIDENT WAGE TAX.
All amounts obtained by the District of Columbia which are
attributable directly to the imposition and withholding of the
nonresident wage tax under title II shall be deposited into the
Account.
SEC. 103. USE OF AMOUNTS IN ACCOUNT.
(a) In General.--Amounts in the Account may be used only for the
following purposes:
(1) Building and facility maintenance, construction, and
capital improvement projects for District of Columbia public
schools and public charter schools.
(2) Transportation activities, including the payment of the
local share of participation in public transportation
activities and road construction and improvement projects.
(3) Information technology improvements for the District
government.
(4) Debt service payments on bonds, notes, and other
obligations of the District government.
(b) Availability of Funds.--Funds appropriated or otherwise made
available from the Account shall remain available until expended.
TITLE II--IMPOSITION AND WITHHOLDING OF NONRESIDENT WAGE TAX
SEC. 201. IMPOSITION AND WITHHOLDING OF NONRESIDENT WAGE TAX.
(a) Imposition of Tax.--Every nonresident individual employed in
the District of Columbia is subject to a tax equal to 2 percent of
wages from employment in the District of Columbia and 2 percent of net
earnings from self-employment in the District of Columbia, so long as
there is a corresponding Federal credit.
(b) Exception.--Individuals excluded from the definition of
``resident'' under the second sentence of section 47-1801.4(17),
District of Columbia Code, partners in partnerships and sole
proprietors subject to tax under sections 47-1808.1 through 47-1808.6,
District of Columbia Code, and members of the military service on
active duty are not subject to the tax imposed in this section.
(c) Assessment and Collection of Non-Resident Wage Tax.--Every
employer making payment of wages and every nonresident partner and sole
proprietor of unincorporated businesses located in the District shall
deduct and withhold the nonresident wage tax imposed by this section
and make returns of tax in accordance with regulations prescribed by
the Mayor of the District of Columbia.
(d) Definitions.--
(1) Employer.--The term ``employer'' has the meaning given
such term in section 3401(b) of the Internal Revenue Code of
1986.
(2) Employment in the district of columbia and self-
employment in the district of columbia.--The terms ``employment
in the District of Columbia'' and ``self-employment in the
District of Columbia'' shall mean employment or self-employment
involving labor or personal services performed in the District
of Columbia during the taxable year except that such terms
shall not include labor or personal services performed by a
nonresident in the District of Columbia for a period not
exceeding 45 days during the taxable year.
(3) Net earnings from self-employment.--The term ``net
earnings from self-employment'' shall mean such net earnings as
defined in section 1402 of the Internal Revenue Code of 1986.
(4) Nonresident.--The term ``nonresident'' has the meaning
given such term in section 47-1801.4(18), District of Columbia
Code.
(5) Wages.--The term ``wages'' has the meaning given such
term in section 3401(a) of the Internal Revenue Code of 1986.
SEC. 202. FEDERAL CREDIT CORRESPONDING TO IMPOSITION OF NONRESIDENT
WAGE TAX.
Section 31 of the Internal Revenue Code of 1986 (relating to
determination of tax liability) is amended by adding at the end the
following:
``(d) Tax Withheld at Source on Nonresidents of the District of
Columbia.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this subtitle an amount equal to the
amount withheld at source under section 201 of the District of
Columbia Fair Federal Compensation Act of 2002 (relating to the
withholding of tax on nonresidents of the District of Columbia
employed within the District). No deduction shall be allowed
under this chapter for any tax for which credit is allowed
under this subsection.
``(2) Administration.--The Secretary shall, to the maximum
extent practicable, administer the credit allowed under
paragraph (1) in a way which provides the benefit of the credit
without any requirement to claim the credit on the taxpayer's
return.''.
SEC. 203. EFFECTIVE DATE.
This title and the amendments made by this title shall apply to
taxable years beginning after December 31, 2002. | District of Columbia Fair Federal Compensation Act of 2002 - Establishes the Dedicated Infrastructure Account in the general fund of the District of Columbia, which shall consist of: (1) deposits of revenue obtained by the District which are attributable directly to the imposition and withholding of the nonresident wage tax under this Act; (2) such other amounts as may be deposited pursuant to D.C. law; and (3) interest earned on such deposits. Specifies the use of such funds.Subjects, with exceptions, every nonresident individual employed in the District to a tax equal to two percent of wages from such employment and two percent of net earnings from self-employment, so long as there is a corresponding Federal credit.Amends the Internal Revenue Code (relating to determination of tax liability) to allow a credit against the imposed tax in an amount equal to the amount withheld at source under this Act. Prohibits a tax deduction for such tax credit.Requires the Secretary of the Treasury, to the maximum extent practicable, to administer the tax credit in a way which provides its benefit without any requirement to claim the credit on the taxpayer's return. | {"src": "billsum_train", "title": "To promote the economic recovery of the District of Columbia, and for other purposes."} | 1,187 | 250 | 0.677958 | 1.964793 | 0.907245 | 4.299539 | 4.78341 | 0.917051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Assistance for Veterans Act
of 2013'' or the ``HAVEN Act''.
SEC. 2. PILOT PROGRAM TO REHABILITATE AND MODIFY HOMES OF DISABLED AND
LOW-INCOME VETERANS.
(a) Definitions.--In this section:
(1) Disabled.--The term ``disabled'' means an individual
with a disability, as defined by section 12102 of title 42,
United States Code.
(2) Eligible veteran.--The term ``eligible veteran'' means
a disabled or low-income veteran.
(3) Energy efficient features or equipment.--The term
``energy efficient features or equipment'' means features of,
or equipment in, a primary residence that help reduce the
amount of electricity used to heat, cool, or ventilate such
residence, including insulation, weatherstripping, air sealing,
heating system repairs, duct sealing, or other measures.
(4) Low-income veteran.--The term ``low-income veteran''
means a veteran whose income does not exceed 80 percent of the
median income for an area, as determined by the Secretary.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is--
(A) described in section 501(c)(3) or 501(c)(19) of
the Internal Revenue Code of 1986; and
(B) exempt from tax under section 501(a) of such
Code.
(6) Primary residence.--
(A) In general.--The term ``primary residence''
means a single family house, a duplex, or a unit within
a multiple-dwelling structure that is the principal
dwelling of an eligible veteran and is owned by such
veteran or a family member of such veteran.
(B) Family member defined.--For purposes of this
paragraph, the term ``family member'' includes--
(i) a spouse, child, grandchild, parent, or
sibling;
(ii) a spouse of such a child, grandchild,
parent, or sibling; or
(iii) any individual related by blood or
affinity whose close association with a veteran
is the equivalent of a family relationship.
(7) Qualified organization.--The term ``qualified
organization'' means a nonprofit organization that provides
nationwide or statewide programs that primarily serve veterans
or low-income individuals.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(9) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(10) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by the
Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
(b) Establishment of a Pilot Program.--
(1) Grant.--
(A) In general.--The Secretary shall establish a
pilot program to award grants to qualified
organizations to rehabilitate and modify the primary
residence of eligible veterans.
(B) Coordination.--The Secretary shall work in
conjunction with the Secretary of Veterans Affairs to
establish and oversee the pilot program and to ensure
that such program meets the needs of eligible veterans.
(C) Maximum grant.--A grant award under the pilot
program to any one qualified organization shall not
exceed $1,000,000 in any one fiscal year, and such an
award shall remain available until expended by such
organization.
(2) Application.--
(A) In general.--Each qualified organization that
desires a grant under the pilot program shall submit an
application to the Secretary at such time, in such
manner, and, in addition to the information required
under subparagraph (B), accompanied by such information
as the Secretary may reasonably require.
(B) Contents.--Each application submitted under
subparagraph (A) shall include--
(i) a plan of action detailing outreach
initiatives;
(ii) the approximate number of veterans the
qualified organization intends to serve using
grant funds;
(iii) a description of the type of work
that will be conducted, such as interior home
modifications, energy efficiency improvements,
and other similar categories of work; and
(iv) a plan for working with the Department
of Veterans Affairs and veterans service
organizations to identify veterans who are not
eligible for programs under chapter 21 of title
38, United States Code, and meet their needs.
(C) Preferences.--In awarding grants under the
pilot program, the Secretary shall give preference to a
qualified organization--
(i) with experience in providing housing
rehabilitation and modification services for
disabled veterans; or
(ii) that proposes to provide housing
rehabilitation and modification services for
eligible veterans who live in rural, including
tribal, areas (the Secretary, through
regulations, shall define the term ``rural
areas'').
(3) Criteria.--In order to receive a grant award under the
pilot program, a qualified organization shall meet the
following criteria:
(A) Demonstrate expertise in providing housing
rehabilitation and modification services for disabled
or low-income individuals for the purpose of making the
homes of such individuals accessible, functional, and
safe for such individuals.
(B) Have established outreach initiatives that--
(i) would engage eligible veterans and
veterans service organizations in projects
utilizing grant funds under the pilot program;
(ii) ensure veterans who are disabled
receive preference in selection for assistance
under this program; and
(iii) identify eligible veterans and their
families and enlist veterans involved in
skilled trades, such as carpentry, roofing,
plumbing, or HVAC work.
(C) Have an established nationwide or statewide
network of affiliates that are--
(i) nonprofit organizations; and
(ii) able to provide housing rehabilitation
and modification services for eligible
veterans.
(D) Have experience in successfully carrying out
the accountability and reporting requirements involved
in the proper administration of grant funds, including
funds provided by private entities or Federal, State,
or local government entities.
(4) Use of funds.--A grant award under the pilot program
shall be used--
(A) to modify and rehabilitate the primary
residence of an eligible veteran, and may include--
(i) installing wheelchair ramps, widening
exterior and interior doors, reconfigurating
and re-equipping bathrooms (which includes
installing new fixtures and grab bars),
removing doorway thresholds, installing special
lighting, adding additional electrical outlets
and electrical service, and installing
appropriate floor coverings to--
(I) accommodate the functional
limitations that result from having a
disability; or
(II) if such residence does not
have modifications necessary to reduce
the chances that an elderly, but not
disabled person, will fall in their
home, reduce the risks of such an
elderly person from falling;
(ii) rehabilitating such residence that is
in a state of interior or exterior disrepair;
and
(iii) installing energy efficient features
or equipment if--
(I) an eligible veteran's monthly
utility costs for such residence is
more than 5 percent of such veteran's
monthly income; and
(II) an energy audit of such
residence indicates that the
installation of energy efficient
features or equipment will reduce such
costs by 10 percent or more; and
(B) in connection with modification and
rehabilitation services provided under the pilot
program, to provide technical, administrative, and
training support to an affiliate of a qualified
organization receiving a grant under such pilot
program.
(5) Oversight.--The Secretary shall direct the oversight of
the grant funds for the pilot program so that such funds are
used efficiently until expended to fulfill the purpose of
addressing the adaptive housing needs of eligible veterans.
(6) Matching funds.--
(A) In general.--A qualified organization receiving
a grant under the pilot program shall contribute
towards the housing modification and rehabilitation
services provided to eligible veterans an amount equal
to not less than 50 percent of the grant award received
by such organization.
(B) In-kind contributions.--In order to meet the
requirement under subparagraph (A), such organization
may arrange for in-kind contributions.
(7) Limitation cost to the veterans.--A qualified
organization receiving a grant under the pilot program shall
modify or rehabilitate the primary residence of an eligible
veteran at no cost to such veteran (including application fees)
or at a cost such that such veteran pays no more than 30
percent of his or her income in housing costs during any month.
(8) Reports.--
(A) Annual report.--The Secretary shall submit to
Congress, on an annual basis, a report that provides,
with respect to the year for which such report is
written--
(i) the number of eligible veterans
provided assistance under the pilot program;
(ii) the socioeconomic characteristics of
such veterans, including their gender, age,
race, and ethnicity;
(iii) the total number, types, and
locations of entities contracted under such
program to administer the grant funding;
(iv) the amount of matching funds and in-
kind contributions raised with each grant;
(v) a description of the housing
rehabilitation and modification services
provided, costs saved, and actions taken under
such program;
(vi) a description of the outreach
initiatives implemented by the Secretary to
educate the general public and eligible
entities about such program;
(vii) a description of the outreach
initiatives instituted by grant recipients to
engage eligible veterans and veteran service
organizations in projects utilizing grant funds
under such program;
(viii) a description of the outreach
initiatives instituted by grant recipients to
identify eligible veterans and their families;
and
(ix) any other information that the
Secretary considers relevant in assessing such
program.
(B) Final report.--Not later than 6 months after
the completion of the pilot program, the Secretary
shall submit to Congress a report that provides such
information that the Secretary considers relevant in
assessing the pilot program.
(C) Inspector general report.--Not later than March
31, 2019, the Inspector General of the Department of
Housing and Urban Development shall submit to the
Chairmen and Ranking Members of the Committee on
Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of
Representatives a report containing a review of--
(i) the use of appropriated funds by the
Secretary and by grantees under the pilot
program; and
(ii) oversight and accountability of
grantees under the pilot program.
(9) Authorization of appropriations.--There are authorized
to be appropriated for carrying out this section $4,000,000 for
each of fiscal years 2015 through 2019. | Housing Assistance for Veterans Act of 2013 or HAVEN Act - Directs the Secretary of Housing and Urban Development (HUD) to establish a pilot program to award grants to nonprofit organizations that primarily serve veterans or low-income individuals. Requires such grants to be used to rehabilitate and modify the primary residence of disabled or low-income veterans (at a specified limited or no cost to such veterans). Limits grant amounts to $1 million per organization. Requires the Secretary to direct the oversight of grant fund use. Requires a minimum of 50% matching funds by participating organizations. Requires the Inspector General of HUD to review and report to the Chairmen of specified congressional committees on: (1) the use of appropriated funds by HUD and by grantees under the pilot program, and (2) oversight and accountability of such grantees. | {"src": "billsum_train", "title": "HAVEN Act"} | 2,314 | 187 | 0.466348 | 1.212603 | 0.727889 | 2.791139 | 13.78481 | 0.867089 |
SECTION 1. AMENDMENTS.
The Energy Policy and Conservation Act is amended--
(1) in section 2 (42 U.S.C. 6201)--
(A) by inserting ``and'' at the end of paragraph
(6);
(B) by striking ``; and'' at the end of paragraph
(7) and inserting in lieu thereof a period; and
(C) by striking paragraph (8);
(2) in section 321 (42 U.S.C. 6291)--
(A) by striking ``or, with respect to showerheads,
faucets, water closets, and urinals, water'' in
paragraph (1)(A);
(B) by striking ``incandescent reflector lamps,
showerheads, faucets, water closets, and urinals'' in
paragraph (1) and inserting in lieu thereof ``and
incandescent reflector lamps'';
(C) by striking ``, or, in the case of showerheads,
faucets, water closets, and urinals, water use,'' in
paragraph (6)(A);
(D) by striking ``(15), (16), (17),'' in paragraph
(6)(B);
(E) by striking ``325(r)'' in paragraph (6) and
inserting in lieu thereof ``325(p)'';
(F) by striking ``, and in the case of showerheads,
faucets, water closets, and urinals, the aggregate
retail cost of water and wastewater treatment services
likely to be incurred annually,'' in paragraph (7);
(G) by inserting at the end of paragraph (30) the
following new subparagraph:
``(T) The term `ANSI' means the American National
Standards Institute.''; and
(H) by striking paragraph (31);
(3) in section 322(a) (42 U.S.C. 6292(a))--
(A) by striking paragraphs (15) through (18); and
(B) by redesignating paragraph (19) as paragraph
(15);
(4) in section 323 (42 U.S.C. 6293)--
(A) by striking ``water use (in the case of
showerheads, faucets, water closets, and urinals),'' in
subsection (b)(3);
(B) by striking ``or, in the case of showerheads,
faucets, water closets, or urinals, water use'' in
subsection (b)(4);
(C) by striking ``, or in the case of showerheads,
faucets, water closets, or urinals, representative
average unit costs of water and wastewater treatment
service resulting from the operation of such products
during such cycle'' in subsection (b)(4);
(D) by striking ``, water, and wastewater
treatment'' in subsection (b)(4);
(E) by striking paragraphs (7) and (8) of
subsection (b);
(F) by striking ``or, in the case of showerheads,
faucets, water closets, and urinals, water use'' in
subsection (c)(1);
(G) by striking ``or, in the case of showerheads,
faucets, water closets, and urinals, water use'' in
subsection (c)(2);
(H) by striking ``, measured energy use, or
measured water use'' in subsection (e)(1) and inserting
in lieu thereof ``or measured energy use''; and
(I) by striking ``, energy use, or water use'' each
place it appears in paragraphs (2) and (3) of
subsection (e) and inserting in lieu thereof ``or
energy use'';
(5) in section 324 (42 U.S.C. 6294)--
(A) by striking subparagraphs (D) and (E) of
subsection (a)(2);
(B) by striking ``(19)'' each place it appears in
subsection (a)(3) and subsection (b) and inserting in
lieu thereof ``(15)'';
(C) by striking ``paragraphs (15) through'' in
subsection (b)(1)(B) and inserting in lieu thereof
``paragraph'';
(D) by striking ``(13), (14), (15), (16), (17), and
(18)'' in subsection (c)(7) and inserting in lieu
thereof ``(13) and (14)''; and
(E) by striking paragraph (8) of subsection (c);
(6) in section 325 (42 U.S.C. 6295)--
(A) by striking ``325(n)(1)'' in subsection
(i)(6)(B) and inserting in lieu thereof ``325(l)(1)'';
(B) by striking subsections (j) and (k);
(C) by redesignating subsections (l) through (t) as
subsections (j) through (r), respectively;
(D) by striking ``(19)'' in paragraphs (1) and (2)
of subsection (j), as so redesignated by subparagraph
(C) of this paragraph, and inserting in lieu thereof
``(15)'';
(E) by striking ``(o) and (p)'' in subsection
(j)(1), as so redesignated by subparagraph (C) of this
paragraph, and inserting in lieu thereof ``(m) and
(n)'';
(F) by striking ``(o) and (p)'' in subsection
(j)(3), as so redesignated by subparagraph (C) of this
paragraph, and inserting in lieu thereof ``(m) and
(n)'';
(G) by striking ``(o)(2)(B)(i)(II)'' in subsection
(l)(2)(C), as so redesignated by subparagraph (C) of
this paragraph, and inserting in lieu thereof
``(m)(2)(B)(i)(II)'';
(H) by striking ``or, in the case of showerheads,
faucets, water closets, or urinals, water use,'' in
subsection (m)(1), as so redesignated by subparagraph
(C) of this paragraph;
(I) by striking ``, or, in the case of showerheads,
faucets, water closets, or urinals, water efficiency,''
in subsection (m)(2)(A), as so redesignated by
subparagraph (C) of this paragraph;
(J) by striking ``, or as applicable, water,'' in
subsection (m)(2)(B)(i)(III), as so redesignated by
subparagraph (C) of this paragraph;
(K) by striking ``and water'' in subsection
(m)(2)(B)(i)(VI), as so redesignated by subparagraph
(C) of this paragraph;
(L) by striking ``, and as applicable, water,'' in
subsection (m)(2)(B)(iii), as so redesignated by
subparagraph (C) of this paragraph;
(M) by striking ``, in the case of showerheads,
faucets, water closets, or urinals, water, or'' in
subsection (m)(3)(B), as so redesignated by
subparagraph (C) of this paragraph; and
(N) by striking ``(o)'' both places it appears in
subsection (n)(3)(A), as so redesignated by
subparagraph (C) of this paragraph, and inserting in
lieu thereof ``(m)'';
(7) in section 326 (42 U.S.C. 6296)--
(A) by striking ``or water use'' in subsection
(b)(4); and
(B) by striking ``, energy use, or, in the case of
showerheads, faucets, water closets, and urinals, water
use'' in subsection (d)(1) and inserting in lieu
thereof ``or energy use'';
(8) in section 327 (42 U.S.C. 6297)--
(A) by striking ``consumption or water use'' in
subsection (a)(1) and inserting in lieu thereof
``consumption'';
(B) by striking ``, water use,'' in subsection
(a)(1)(A);
(C) by striking ``, energy efficiency, or water
use'' each place it appears in subsection (a)(1)(B),
subsection (b), subsection (c), and subsection
(d)(1)(A), and inserting in lieu thereof ``or energy
efficiency'';
(D) by amending paragraph (2) of subsection (a) to
read as follows:
``(2) For purposes of this section, the term `State regulation'
means a law, regulation, or other requirement of a State or its
political subdivisions.'';
(E) by striking ``flow rate requirements for
showerheads or faucets, or water use requirements for
water closets or urinals,'' in subsection (b)(1);
(F) by striking ``, or is a regulation (or portion
thereof) regulating showerheads'' and all that follows
through ``325(k) is applicable'' in subsection (b)(4);
(G) by inserting ``or'' at the end of paragraph (5)
of subsection (b);
(H) by striking ``; or'' at the end of paragraph
(6) of subsection (b) and inserting in lieu thereof a
period;
(I) by striking paragraph (7) of subsection (b);
(J) by striking ``subparagraphs (B) and (C) of
section 325(j)(3), and subparagraphs (B) and (C) of
section 325(k)(3)'' in subsection (c);
(K) by inserting ``or'' at the end of paragraph (2)
of subsection (c);
(L) by striking the semicolon at the end of
paragraph (3) of subsection (c) and inserting in lieu
thereof a period;
(M) by striking paragraphs (4), (5), and (6) of
subsection (c);
(N) by striking ``or river basin commission'' each
place it appears in subsection (d)(1)(A) and (B);
(O) by striking ``or water'' each place it appears
in subsection (d)(1)(B) and (C);
(P) by striking ``, and, with respect to a State''
and all that follows through ``water supply
development'' in subsection (d)(1)(C);
(Q) by striking ``or, if the State'' and all that
follows through ``emergency condition,'' in subsection
(d)(5)(B)(i);
(R) by striking ``or, in the case of a water
emergency condition, water or wastewater treatment,''
in subsection (d)(5)(B)(i)(I); and
(S) by striking ``or, in the case of a water
emergency condition, by the importation of water,'' in
subsection (d)(5)(B)(i)(II);
(9) in section 336(c)(2) (42 U.S.C. 6306(c)(2)), by
striking ``325(n)'' and inserting in lieu thereof ``325(l)'';
and
(10) in section 337 (42 U.S.C. 6307)--
(A) by striking ``(a) In General.--''; and
(B) by striking subsection (b). | Amends the Energy Policy and Conservation Act to repeal authority to regulate certain plumbing products and appliances, including showerheads, faucets, water closets, and urinals. | {"src": "billsum_train", "title": "To amend the Energy Policy and Conservation Act to eliminate certain regulation of plumbing supplies."} | 2,617 | 39 | 0.508167 | 1.229826 | 0.008637 | 4.241379 | 79.655172 | 0.724138 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Wetlands Jurisdiction Act of
2004''.
SEC. 2. STATEMENT OF PURPOSES.
The purposes of this Act are to--
(1) clarify the jurisdiction of the Federal Government over
waters of the United States in light of the decision of the
Supreme Court in Solid Waste Agency of Northern Cook County v.
U.S. Army Corps of Engineers, 531 U.S. 159 (2001);
(2) provide consistency throughout the Nation in
determining the jurisdiction of the Federal Government over
waters of the United States; and
(3) consolidate in one Federal agency the authority of the
Federal Government to implement the permitting program
established under section 404 of the Federal Water Pollution
Act (33 U.S.C. 1344).
SEC. 3. FEDERAL JURISDICTION.
Section 404(a) of the Federal Water Pollution Control Act (33
U.S.C. 1344(a)) is amended--
(1) by striking ``(a) The Secretary'' and inserting the
following:
``(a) Issuance of Permits.--
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Jurisdiction.--Waters of the United States, including
the territorial seas, shall be subject to the jurisdiction of
the permitting program established by this section if the
waters are--
``(A) navigable;
``(B) hydrologically connected to navigable waters
through a continuous, naturally occurring surface
connection; or
``(C) wetlands adjacent to waters described in
subparagraph (A) or (B).
``(3) Surface connection.--
``(A) Included waters.--For purposes of paragraph
(2)(B), waters shall be considered to be hydrologically
connected to navigable waters by a continuous,
naturally occurring surface connection if the waters
are connected by perennial or intermittent streams that
contribute flow to navigable waters, including
perennial or intermittent streams that have been
restored, relocated, or channelized on the surface or
that flow through culverts.
``(B) Excluded waters.--For purposes of paragraph
(2)(B), waters shall not be considered to be
hydrologically connected to navigable waters by a
continuous, naturally occurring surface connection if
the waters are connected by--
``(i) sheet flow (normal runoff of
precipitation);
``(ii) ephemeral waters, ground water,
manmade ditches, or pipelines; or
``(iii) a municipal separate storm sewer
system or any other point source regulated
under section 402, including a State program
approved under section 402(b).
Such connecting waters also shall not be subject to the
jurisdiction of the permitting program established by
this section.
``(4) Fastlands.--Fastlands shall not be subject to the
jurisdiction of the permitting program established by this
section.
``(5) Determination of jurisdiction.--
``(A) Request for determination.--A person who
holds an ownership interest in property, or who has
written authorization from such person, may submit a
request to the Secretary identifying the property and
requesting the Secretary to determine the presence or
absence of waters of the United States subject to the
jurisdiction of the permitting program established by
this section. The person making the request may limit
the request to a determination of the presence or
absence of any of the waters described in paragraph
(2)(A), (2)(B), or (2)(C).
``(B) Requests for additional information.--Not
later than 30 days after the date of receipt of a
request under subparagraph (A), the Secretary may make
one request for such additional information as may be
necessary to make the jurisdictional determination.
``(C) Determination and notification by the
secretary.--Not later than 90 days after the date of
receipt of a request under subparagraph (A), or not
later than 60 days after the date of receipt of
additional information provided under subparagraph (B),
whichever is later, the Secretary shall--
``(i) make a jurisdictional determination
for the waters described in the request; and
``(ii) provide written notification of the
jurisdictional determination to the person
submitting the request, together with written
documentation of the determination and a
written basis for the determination.
``(D) Authority to seek immediate judicial
review.--
``(i) In general.--Any person authorized
under this paragraph to request a
jurisdictional determination for property may--
``(I) seek judicial review of any
such jurisdictional determination, or
injunctive relief in the case of a
failure to make a determination, in the
United States District Court for the
district in which the property is
located; or
``(II) may proceed under the
administrative appeals process
established under this section.
``(ii) Waters subject to review.--Judicial
review, injunctive relief, or administrative
appeal under clause (i) may be sought for any
of the waters described in paragraph (2)(A),
(2)(B), or (2)(C), as specified in the request
made under this paragraph.
``(iii) Judicial review following
administrative appeals.--Any person who elects
to proceed under the administrative appeals
process shall retain the right to seek in the
United States District Court for the district
in which the property is located judicial
review of the final decision of the Secretary
under the administrative appeals process.''.
SEC. 4. SINGLE AGENCY IMPLEMENTATION.
(a) In General.--Beginning on the date of enactment of this Act,
all authorities of the Administrator of the Environmental Protection
Agency under section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344) are transferred to the Secretary of the Army, acting
through the Chief of Engineers.
(b) Authorities Retained by EPA.--Notwithstanding subsection (a),
the Administrator shall retain the authority to comment on permits
issued under section 404(a) of the Federal Water Pollution Control Act
(33 U.S.C. 1344(a)) and general permits issued under section 404(e) of
such Act (33 U.S.C. 1344(e)).
(c) Transfer of Funds.--All funds appropriated to the Administrator
for carrying out the authorities transferred under this section shall
be transferred to the Secretary.
(d) Conforming Amendments.--Section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) is amended--
(1) in subsection (b) by striking ``the Administrator, in
conjunction with'';
(2) by striking subsection (c); and
(3) in subsection (q) by adding at the end the following:
``No agreement entered into under this subsection shall
authorize any of the signatory agencies to request a decision
concerning a permit issued under this section to be elevated to
any level above the District Engineer.''.
SEC. 5. DEFINITIONS.
Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) is amended by adding at the end the following:
``(u) Definitions.--In this section, the following definitions
apply:
``(1) Navigable.--The term `navigable' means a water that
is presently used, or is susceptible to use, in its natural
condition or by reasonable improvement as a means to transport
interstate or foreign commerce shoreward to its ordinary
highwater mark, including all waters that are subject to the
ebb and flow of the tide shoreward to their mean highwater
mark.
``(2) Wetlands.--The term `wetlands' means those lands that
have a predominance of hydric soils and that are inundated or
saturated by surface water or ground water at a frequency and
duration to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas.
``(3) Adjacent wetlands.--The term `adjacent wetlands'
means wetlands that are physically touching (abutting or
contiguous to) a water described in subsection (a)(2)(A) or
(a)(2)(B). Wetlands separated by a riverbank from which river
water overflows into the wetlands annually or biannually are
adjacent wetlands for purposes of this section.
``(4) Culvert.--The term `culvert' means a pipe or
structure that conveys perennial or intermittent streams from
one side of a linear structure, such as a roadway, to the other
side.
``(5) Fastlands.--The term `fastlands' means areas located
behind legally constituted manmade structures, such as levees,
constructed and maintained to permit the utilization of the
areas for commercial, industrial, or residential purposes
consistent with local land use planning requirements.''. | Federal Wetlands Jurisdiction Act of 2004 - Amends the Federal Water Pollution Control Act (FWPCA) to clarify that waters of the United States, including the territorial seas, are subject to the jurisdiction of the permitting program for the discharge of dredged or fill material if such waters are: (1) navigable; (2) hydrologically connected to navigable waters through a continuous, naturally occurring surface connection; or (3) wetlands adjacent to such navigable or hydrologically connected waters.
States that waters are considered hydrologically connected to navigable waters for purposes of this Act if connected by perennial or intermittent streams that contribute flow to navigable waters. Excludes from the definition those waters connected by: (1) sheet flow; (2) ephemeral waters, ground water, manmade ditches, or pipelines; or (3) a municipal separate storm sewer system or any other regulated point source.
Excludes fastlands (areas located behind legally constituted manmade structures) from the jurisdiction of the permitting program for the discharge of dredged or fill material.
Sets forth procedures whereby property owners, or those with written authorization from such owners, may: (1) request that the Secretary of the Army determine jurisdiction under this Act and thereafter seek judicial review or injunctive relief; or (2) proceed under the administrative appeals process.
Transfers to the Secretary of the Army, acting through the Chief of Engineers, the Environmental Protection Agency (EPA) Administrator's authority over permits for the discharge of dredged or fill material into navigable waters under the FWPCA. Allows the Administrator to retain authority to comment on such permits. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to clarify the jurisdiction of the United States over waters of the United States, and for other purposes."} | 2,002 | 353 | 0.655645 | 2.014376 | 0.972817 | 3.125413 | 5.841584 | 0.90099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empower Burma Act of 2016''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to support peaceful, democratic, and inclusive
development of Burma; and
(2) to support United States and international assistance,
as appropriate, to address urgent and long-term development and
infrastructure challenges in Burma, including universal access
to electricity.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Since 2011, the Government of Burma has taken admirable
and concrete steps toward the establishment of democratic
institutions and the rule of law.
(2) The November 2015 parliamentary elections in Burma were
conducted in a peaceful and transparent manner and culminated
in an overwhelming victory for the National League of Democracy
(NLD), led by Nobel Prize laureate Aung San Suu Kyi.
(3) Since assuming office on March 30, 2016, Burma's new
President Htin Kyaw has authorized the release of more than 200
political prisoners.
(4) Aung Sun Suu Kyi has successfully initiated a
nationwide and historic effort to achieve lasting peace in
Burma, titled the ``21st Century Panglong Conference''.
(5) Burma faces serious short- and long-term economic and
development challenges, which the new NLD-led government has
pledged to address.
(6) According to World Bank estimates, over 70 percent of
Burma's population and 84 percent of rural households lack
access to grid electricity.
(7) The Government of Burma has announced a National
Electrification Plan (NEP) to assure universal access to
electricity by 2030.
(8) The World Bank has approved a $400,000,000 interest-
free credit to Burma to support the NEP.
(9) The World Bank has approved $1,690,000,000 total in
development projects in Burma.
(10) The Asian Development Bank has approved $1,920,000,000
in development projects in Burma.
SEC. 4. EMPOWER BURMA STRATEGY.
(a) Strategy Required.--
(1) In general.--The President shall establish a
comprehensive, integrated, multiyear strategy to encourage
international efforts to promote sustainable economic
development in Burma, including universal access to sufficient
reliable, affordable, and sustainable power, in order to reduce
poverty and drive economic growth and job creation, and to
support the continued democratic transition in Burma.
(2) Flexibility.--The President shall ensure that the
strategy required under paragraph (1) maintains sufficient
flexibility for and remains responsive to concerns and
interests of affected local communities and technological
innovation.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives a report that contains the strategy
required under subsection (a).
(c) Interagency Working Group.--
(1) In general.--The President may, as appropriate,
establish an Interagency Working Group to coordinate the
activities of relevant United States Government departments and
agencies involved in carrying out the strategy required under
this section.
(2) Functions.--The Interagency Working Group may, among
other things--
(A) seek to coordinate the activities of the United
States Government departments and agencies involved in
implementing the strategy required under this section;
(B) ensure efficient and effective coordination
between participating departments and agencies; and
(C) facilitate information sharing and coordinate
partnerships between the United States Government, the
private sector, and other development partners to
achieve the goals of the strategy.
SEC. 5. MULTILATERAL ASSISTANCE.
(a) Policy.--In implementing the strategy required under section 4,
the President should direct the United States representatives to
appropriate international bodies to use the voice, vote, and influence
of the United States to advocate, as appropriate, for commitments to
significantly increase efforts to promote economic development efforts
in Burma, including power sector and electrification projects that
increase energy access, in partnership with the private sector.
(b) Restrictions.--The United States Government should ensure that
international development assistance projects in Burma it supports--
(1) do not directly or indirectly benefit entities on the
SDN list or entities otherwise undermining peace and stability
in Burma;
(2) do not directly or indirectly benefit the military;
(3) do not marginalize vulnerable populations or exclude
any ethnic or religious communities; and
(4) promote good governance, transparency, and meet
internationally recognized labor standards.
SEC. 6. SENSE OF CONGRESS REGARDING BURMA AND THE GENERALIZED SYSTEM OF
PREFERENCES.
It is the sense of Congress that preferential duty treatment under
the Generalized System of Preferences under title V of the Trade Act of
1974 (19 U.S.C. 2461 et seq.) should be extended to Burma as soon as
Burma meets the eligibility criteria under section 502 of that Act (19
U.S.C. 2462).
SEC. 7. SENSE OF CONGRESS REGARDING BURMA AND THE MILLENNIUM CHALLENGE
CORPORATION.
It is the sense of Congress that the Board of Directors for the
Millennium Challenge Corporation should provide assistance to Burma
under section 605 of the Millennium Challenge Act of 2003 (22 U.S.C.
7704) as soon as Burma qualifies as an eligible country under section
607 of that Act (22 U.S.C. 7706) and enters into a Millennium Challenge
Compact with the United States under section 609 of that Act (22 U.S.C.
7708).
SEC. 8. SENSE OF CONGRESS ON BURMA SANCTIONS.
It is the sense of Congress that--
(1) the President should not remove any entity from the
list of specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control of the
Department of the Treasury (in this section referred to as the
``SDN list'') for activities related to Burma without credible
evidence that the entity is no longer participating in the
activities for which the entity was placed on the SDN list and
is not otherwise undermining peace and stability in Burma; and
(2) the President or his designees should closely consult
with Congress with respect to, and seek congressional approval
for, any modifications to the SDN list or other United States
restrictions on assistance to Burma, including any military-to-
military engagements.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out activities under this Act. | Empower Burma Act of 2016 This bill directs the President to establish a multiyear strategy to encourage international efforts to promote sustainable economic development in Burma in order to reduce poverty, drive economic growth, and support democracy. The President may establish an Interagency Working Group to coordinate the activities of U.S. agencies involved in carrying out such strategy. The President should direct U.S. representatives to appropriate international bodies to advocate for increased economic development efforts in Burma. The U.S. government should ensure that international development assistance projects that it supports in Burma: do not benefit entities on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control (SDN list) or entities otherwise undermining peace in Burma, do not benefit the military, do not marginalize vulnerable populations or exclude any ethnic or religious communities, and promote good governance and meet internationally recognized labor standards. It is the sense of Congress that: preferential duty treatment should be extended to Burma as soon as Burma meets specified eligibility criteria; the Millennium Challenge Corporation should provide assistance to Burma as soon as Burma qualifies as an eligible country and enters into a Millennium Challenge Compact with the United States; and the President should not remove any entity from the SDN list without credible evidence that the entity is no longer participating in the activities for which it was listed and is not undermining peace in Burma. | {"src": "billsum_train", "title": "Empower Burma Act of 2016"} | 1,450 | 311 | 0.486606 | 1.668702 | 0.766745 | 4.36803 | 4.869888 | 0.933086 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``South Dakota Tribal Nursing
Facilities Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The highest rate of poverty in South Dakota occurs on
Indian reservations.
(2) According to the 2000 United States Census, nine
counties that encompass Indian reservations are among the 100
poorest counties in the United States.
(3) There are no nursing facilities on the Indian
reservations in South Dakota.
(4) The lack of nursing facilities on the larger Indian
reservations is a barrier that prevents Indian elders from
accessing long-term health care.
(5) The elderly poor constitute a growing portion of the
membership of the Indian tribes and tribal organizations of
South Dakota.
(6) The great distances between Indian reservations and
off-reservation nursing facilities--
(A) deter the Indian elderly from using such
facilities; and
(B) if the Indian elderly do use such facilities,
prevent visitation from family and relatives that is
essential to the well-being of the Indian elderly.
(7) There is a critical need for nursing facilities on the
Indian reservations located in South Dakota to meet the elderly
and assisted-living needs of tribal members.
(8) A South Dakota law imposes a moratorium on the
licensing of new nursing facilities in the State.
(9) The medicaid program requires State licensure of
nursing facilities to qualify such facility for reimbursement
for care provided to individuals eligible for medical
assistance under such program.
(10) The impact of the South Dakota moratorium on nursing
facility licensure and the requirements of the medicaid program
prevent Indian tribes and tribal organizations in South Dakota
from developing and operating these badly needed facilities on
Indian reservations.
(11) It is the responsibility and goal of the United
States, in the fulfillment of its responsibility to provide and
facilitate adequate health care for elderly and needy members
of Indian tribes and tribal organizations, to protect the right
of Indian tribes and tribal organizations to provide nursing
facilities for those members.
(b) Purposes.--The purposes of this Act are, notwithstanding any
impediment imposed by State law--
(1) to facilitate the development and operation of nursing
facilities that are owned or operated by an Indian tribe or
tribal organization on Indian reservations that are located in
the State of South Dakota; and
(2) to protect the right of members of Indian tribes and
tribal organizations to access health care provided by nursing
facilities in the exercise of those members' entitlement to
medical assistance under the medicaid program.
SEC. 3. ELIGIBILITY OF CERTAIN NURSING FACILITIES FOR REIMBURSEMENT
UNDER THE MEDICAID PROGRAM.
(a) In General.--Notwithstanding any provision of title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), an applicable nursing
facility shall be eligible for reimbursement for medical assistance
provided under such title and shall be deemed to be a facility of the
Indian Health Service for purposes of the third sentence of section
1905(b) of such Act (42 U.S.C. 1396d(b)) if and for so long as--
(1) the facility meets all of the conditions and
requirements which are applicable generally to such facilities
under such title (other than any State requirement relating to
the operation of such a facility under such title); and
(2) has in effect a plan approved under subsection (b)(2).
(b) Submission and Approval of Plans.--
(1) Submission.--An Indian tribe or tribal organization
that desires an applicable nursing facility to be reimbursed
through the operation of this section shall submit a plan to
the Secretary at such time, in such manner, and containing such
information as the Secretary may specify, including evidence
that--
(A) such facility is licensed by the Indian tribe
or tribal organization; and
(B) the State, the Indian tribe, or the tribal
organization has agreed to perform the functions of the
State under section 1919 of the Social Security Act (42
U.S.C. 1396r).
(2) Approval.--Not later than the date that is 90 days
after the date on which a plan is submitted under paragraph
(1), the Secretary shall approve or disapprove such plan or
shall notify the facility of the additional information needed
for approval or disapproval.
(c) Definitions.--In this section:
(1) Applicable nursing facility.--The term ``applicable
nursing facility'' means an existing or planned nursing
facility (as defined in section 1919(a) of the Social Security
Act (42 U.S.C. 1396r(a))) that--
(A) is owned or operated by an Indian tribe or
tribal organization;
(B) is located (or will be located) in the State of
South Dakota; and
(C) is not able to obtain a State license only as a
result of a State imposed moratorium on the issuance of
such licenses.
(2) Indian tribe and tribal organization.--The terms
``Indian tribe'' and ``tribal organization'' have the meanings
given such terms under section 4 of the Indian Health Care
Improvement Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | South Dakota Tribal Nursing Facilities Act of 2002 - Makes a nursing facility in South Dakota that is owned or operated by an Indian tribe or tribal organization, and is unable to obtain a State license only because of a State-imposed moratorium on the issuance of such licenses, eligible for reimbursement for medical assistance provided under title XIX (Medicaid) of the Social Security Act. Deems such a facility to be an Indian Health Service (IHS) facility with the Federal medical assistance percentage set at 100 percent if it meets all applicable conditions and requirements and has a plan approved by the Secretary of Health and Human Services that indicates that the facility is licensed by the Indian tribe or tribal organization. | {"src": "billsum_train", "title": "A bill to provide for the reimbursement under the medicaid program under title XIX of the Social Security Act of nursing facilities that are located on an Indian reservation in the State of South Dakota and owned or operated by an Indian tribe or tribal organization, and for other purposes."} | 1,145 | 153 | 0.616757 | 1.750096 | 0.714986 | 3.229008 | 8.160305 | 0.923664 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Courts of Appeals
Modernization Act''.
SEC. 2. ESTABLISHMENT.
There is established a Commission on Structural Alternatives for
the Federal Courts of Appeals (in this Act referred to as the
``Commission'').
SEC. 3. MEMBERSHIP.
(a) Composition.--The Commission shall be composed of 5 members who
shall be appointed by the Chief Justice of the United States.
(b) Appointment.--The members of the Commission shall be appointed
not later than 30 days after the date of enactment of this Act.
(c) Vacancy.--Any vacancy in the Commission shall be filled in the
same manner as the original appointment.
(d) Chair.--The Commission shall elect a chair and vice chair from
among its members.
(e) Quorum.--Three members of the Commission shall constitute a
quorum.
SEC. 4. DUTIES.
The Commission shall--
(1) study the present division of the United States courts
of appeals, with particular references to the United States
Court of Appeals for the Ninth Circuit; and
(2) submit to the President and Congress a report on the
recommendations of the Commission with respect to changes in
circuit boundaries or structure as may be appropriate for the
expeditious and effective disposition of the caseload of the
United States courts of appeals, consistent with fundamental
concepts of fairness and due process.
SEC. 5. 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 $300 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.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates not greater than those described in section 456 of title 28,
United States Code.
SEC. 6. STAFF.
(a) Executive Director.--The Commission may appoint an executive
director who shall be compensated at a rate not greater than the daily
equivalent of the annual rate of basic pay prescribed for a position at
GS-15 of the General Schedule for each day (including travel time)
during which the executive director is engaged in the performance of
the duties of the Commission.
(b) Staff.--The Executive Director, with the approval of the
Commission, may appoint and fix the compensation of such additional
personnel as the Executive Director determines necessary, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
a rate of pay fixed under this subsection may not exceed the annual
maximum rate of basic pay for a position above GS-15 of the General
Schedule under section 5108 of title 5, United States Code.
(c) Experts and Consultants.--The Executive Director may procure by
contract the temporary or intermittent services of experts or
consultants in accordance with section 3109 of title 5, United States
Code, at rates for individuals that are not greater than the daily
equivalent of the annual rate of basic pay for a comparable position
paid under the General Schedule.
(d) Services.--The Administrative Office of the United States
Courts shall provide administrative services, including financial and
budgeting services, to the Commission on a reimbursable basis. The
Federal Judicial Center shall provide necessary research services to
the Commission on a reimbursable basis.
SEC. 7. INFORMATION.
The Commission is authorized to request from any department,
agency, or independent instrumentality of the United States any
information and assistance the Commission determines necessary to carry
out its functions under this Act. Each such department, agency, and
independent instrumentality is authorized to provide such information
and assistance to the extent permitted by law when requested by the
Chair of the Commission.
SEC. 8. STUDY AND REPORT.
(a) Study.--Not later than the 10-month period beginning on the
date on which a quorum of the Commission is present, the Commission
shall conclude a study on the issues described in section 4(1).
(b) Report.--Not later than 60 days after the date on which the
period described in subsection (a) expires, the Commission shall submit
to the President and Congress the report described in section 4(1).
SEC. 9. TERMINATION.
The Commission shall terminate 90 days after the Commission submits
the report described in section 8(b).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
not to exceed $1,000,000 to carry out this Act, to remain available
until expended. | Federal Courts of Appeals Modernization Act This bill establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the U.S. courts of appeals, with particular references to the U.S. Court of Appeals for the Ninth Circuit; and (2) submit to the President and Congress recommendations for changes in circuit boundaries or structure for the expeditious and effective disposition of the caseload of such courts. The commission shall be composed of five members appointed by the Chief Justice of the United States. | {"src": "billsum_train", "title": "Federal Courts of Appeals Modernization Act"} | 1,120 | 120 | 0.594114 | 1.524761 | 0.607439 | 5.949495 | 10.212121 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade and Professional Association
Free Flow of Information Act of 1997''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``trade and professional associations'' means
those organizations described in section 501(c) of the Internal
Revenue Code of 1986 that are exempt from tax under section
501(a) of such Code; and
(2) the term ``State'' includes the District of Columbia
and any commonwealth, territory, or possession of the United
States.
SEC. 3. QUALIFIED IMMUNITY FROM CIVIL LIABILITY.
Acts done for the purpose of transmitting information between and
among trade and professional associations and their members regarding
product defects, quality, or performance shall be immune from liability
in any civil action, except to the extent such acts are proven by clear
and convincing evidence to involve factual statements that are
fraudulent, knowingly false, or made with a reckless indifference to
their truth or falsity.
SEC. 4. SPECIAL MOTION TO STRIKE.
A trade or professional association may file a special motion to
strike any claim in any judicial proceeding on the ground that the
claim is based on or relates to an act that is immune from liability
under section 3. A party filing such a motion shall have the right to
remove the case to Federal court pursuant to section 1331 of title 28,
United States Code.
SEC. 5. REQUIRED PROCEDURES REGARDING SPECIAL MOTION TO STRIKE.
On the filing of any motion under section 4--
(1) the motion shall be treated as one for summary judgment
under Rule 56 of the Federal Rules of Civil Procedure or its
equivalent under the procedures of applicable State law;
(2) the trial court shall hear the motion within a time
period appropriate for preferred or expedited motions;
(3) the moving party shall have a right to an
interlocutory, expedited appeal from a trial court order
denying such a motion or from a trial court's failure to rule
on such a motion in expedited fashion;
(4) discovery shall be suspended, pending decision on the
motion and appeal;
(5) the responding party shall have the burden of proof of
going forward with the evidence and the burden of persuasion on
the motion;
(6) the court shall make its determination based upon the
facts contained in the pleadings and affidavits filed;
(7) the court shall grant the motion and dismiss the claim,
unless the responding party proves, by clear and convincing
evidence, that the acts of the moving party are not immunized
from liability under section 3; and
(8) the court shall award to a prevailing moving party its
costs of litigation, including reasonable attorney and expert
witness fees, incurred in connection with the motion.
SEC. 6. QUALIFIED IMMUNITY FROM THIRD-PARTY DISCOVERY.
Trade and professional associations shall not be required to comply
with subpoenas served by a party to a civil action regarding product
defects, quality, or performance, to which the association is not a
party, unless the party serving the subpoena has established by clear
and convincing evidence that--
(1) the materials or information sought by the subpoena are
directly relevant to the civil action; and
(2) the party serving the subpoena has a compelling need
for the materials or information because they are not otherwise
available.
SEC. 7. SPECIAL MOTION TO QUASH.
A trade or professional association may file a special motion to
quash a subpoena in order to enforce the provisions of section 6. A
party filing such a motion shall have the right to remove the case to
Federal court pursuant to section 1331 of title 28, United States Code.
SEC. 8. REQUIRED PROCEDURES REGARDING SPECIAL MOTION TO QUASH.
On the filing of any motion under section 7--
(1) the trial court shall hear the motion within a time
period appropriate for preferred or expedited motions;
(2) the moving party shall have a right to an
interlocutory, expedited appeal from a trial court order
denying such a motion or from the trial court's failure to rule
on such a motion in expedited fashion;
(3) compliance with the subpoena shall be suspended,
pending decision on the motion and appeal;
(4) the responding party shall have the burden of proof of
going forward with the evidence and the burden of persuasion on
the motion;
(5) the court shall make its determination based upon the
facts contained in the pleadings and affidavits filed;
(6) the court shall grant the motion and quash the
subpoena, unless the responding party proves, by clear and
convincing evidence, that the materials and information of the
moving party are not immunized from third-party discovery under
section 6; and
(7) the court shall award to a prevailing moving party its
costs of litigation, including reasonable attorney and expert
witness fees, incurred in connection with the motion.
SEC. 9. QUALIFIED ASSOCIATION-MEMBER PRIVILEGE.
A member of a trade or professional association shall not be
required to disclose materials or information received from the
association that--
(1) relate to actual or anticipated litigation involving
product defects, quality, or performance,
(2) are treated as confidential by the association and its
member, and
(3) are communicated by the association to the member with
the reasonable expectation that the materials or information
will be used in connection with actual or anticipated
litigation and will be maintained in confidence,
unless the party seeking the information has established to the court,
by clear and convincing evidence, that the materials or information
sought are directly relevant to the litigation, and that the party has
a compelling need for the materials or information because they are not
otherwise available.
SEC. 10. PREEMPTION.
This Act supersedes the laws of any State to the extent such State
laws apply to matters to which this Act applies. | Trade and Professional Association Free Flow of Information Act of 1997 - Grants immunity from civil liability for acts done for the purpose of transmitting information among trade and professional associations and their members regarding product defects, quality, or performance, except to the extent such acts are proven by clear and convincing evidence to involve factual statements that are fraudulent, knowingly false, or made with reckless indifference to their truth or falsity.
Authorizes a trade or professional association to file a special motion to strike any claim in a judicial proceeding on the ground that the claim is based on or relates to an act that is immune from liability under this Act. Grants a party filing such motion the right to remove the case to Federal court.
Sets forth provisions regarding: (1) procedures with respect to a special motion to strike; (2) qualified immunity of such associations from third-party discovery; (3) a special motion to quash a subpoena to enforce such immunity; (4) procedures with respect to a special motion to quash; (5) a qualified association member privilege not to disclose confidential information received from the association relating to litigation involving product defects, quality, or performance; and (6) preemption of State laws. | {"src": "billsum_train", "title": "Trade and Professional Association Free Flow of Information Act of 1997"} | 1,318 | 262 | 0.674212 | 2.188516 | 0.987763 | 5.155462 | 5.130252 | 0.953782 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorism Prevention and Deterrence
Act of 2007''.
SEC. 2. PREVENTION AND DETERRENCE OF TERRORIST SUICIDE BOMBINGS.
(a) Offense of Rewarding or Facilitating International Terrorist
Acts.--
(1) In general.--Chapter 113B of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2339E. Providing material support to international terrorism
``(a) Definitions.--In this section:
``(1) The term `facility of interstate or foreign commerce'
has the same meaning as in section 1958(b)(2).
``(2) The term `international terrorism' has the same
meaning as in section 2331.
``(3) The term `material support or resources' has the same
meaning as in section 2339A(b).
``(4) The term `perpetrator of an act' includes any person
who--
``(A) commits the act;
``(B) aids, abets, counsels, commands, induces, or
procures its commission; or
``(C) attempts, plots, or conspires to commit the
act.
``(5) The term `serious bodily injury' has the same meaning
as in section 1365.
``(b) Prohibition.--Whoever, in a circumstance described in
subsection (c), provides, or attempts or conspires to provide, material
support or resources to the perpetrator of an act of international
terrorism, or to a family member or other person associated with such
perpetrator, with the intent to facilitate, reward, or encourage that
act or other acts of international terrorism, shall be fined under this
title, imprisoned not more than 25 years, or both, and, if death
results, shall be imprisoned for any term of years or for life.
``(c) Jurisdictional Bases.--A circumstance referred to in
subsection (b) is that--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense involves the use of the mails or a
facility of interstate or foreign commerce;
``(3) an offender intends to facilitate, reward, or
encourage an act of international terrorism that affects
interstate or foreign commerce or would have affected
interstate or foreign commerce had it been consummated;
``(4) an offender intends to facilitate, reward, or
encourage an act of international terrorism that violates the
criminal laws of the United States;
``(5) an offender intends to facilitate, reward, or
encourage an act of international terrorism that is designed to
influence the policy or affect the conduct of the United States
Government;
``(6) an offender intends to facilitate, reward, or
encourage an act of international terrorism that occurs in part
within the United States and is designed to influence the
policy or affect the conduct of a foreign government;
``(7) an offender intends to facilitate, reward, or
encourage an act of international terrorism that causes or is
designed to cause death or serious bodily injury to a national
of the United States while that national is outside the United
States, or substantial damage to the property of a legal entity
organized under the laws of the United States (including any of
its States, districts, commonwealths, territories, or
possessions) while that property is outside of the United
States;
``(8) the offense occurs in whole or in part within the
United States, and an offender intends to facilitate, reward or
encourage an act of international terrorism that is designed to
influence the policy or affect the conduct of a foreign
government; or
``(9) the offense occurs in whole or in part outside of the
United States, and an offender is a national of the United
States, a stateless person whose habitual residence is in the
United States, or a legal entity organized under the laws of
the United States (including any of its States, districts,
commonwealths, territories, or possessions).''.
(2) Technical and conforming amendments.--
(A) Table of sections.--The table of sections for
chapter 113B of title 18, United States Code, is
amended by adding at the end the following:
``2339D. Receiving military-type training from a foreign terrorist
organization.
``2339E. Providing material support to international terrorism.''.
(B) Other amendment.--Section 2332b(g)(5)(B)(i) of
title 18, United States Code, is amended by inserting
``2339E (relating to providing material support to
international terrorism),'' before ``or 2340A (relating
to torture)''.
(b) Increased Penalties for Providing Material Support to
Terrorists.--
(1) Providing material support to designated foreign
terrorist organizations.--Section 2339B(a) of title 18, United
States Code, is amended by striking ``15 years'' and inserting
``25 years''.
(2) Providing material support or resources in aid of a
terrorist crime.--Section 2339A(a) of title 18, United States
Code, is amended by striking ``15 years'' and inserting ``40
years''.
(3) Receiving military-type training from a foreign
terrorist organization.--Section 2339D(a) of title 18, United
States Code, is amended by striking ``ten years'' and inserting
``15 years''.
(4) Addition of attempts and conspiracies to an offense
relating to military training.--Section 2339D(a) of title 18,
United States Code, is amended by inserting ``, or attempts or
conspires to receive,'' after ``receives''.
SEC. 3. TERRORIST MURDERS, KIDNAPPINGS, AND ASSAULTS.
(a) Penalties for Terrorist Murder and Manslaughter.--Section
2332(a) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``fined under this
title'' and all that follows and inserting ``punished as
provided under section 1111(b);''; and
(2) in paragraph (2), by striking ``fined under this
title'' and all that follows and inserting ``punished as
provided under section 1112(b); and''.
(b) Addition of Offense of Terrorist Kidnapping.--Section 2332 of
title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Kidnapping.--Whoever outside the United States unlawfully
seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away,
or attempts or conspires to seize, confine, inveigle, decoy, kidnap,
abduct or carry away, a national of the United States shall be punished
as provided under section 1201(a).''.
(c) Addition of Sexual Assault to Definition of Offense of
Terrorist Assault.--Section 2332(d) of title 18, United States Code, as
redesignated by subsection (b) of this section, is amended--
(1) in paragraph (1), by inserting ``(as defined in section
1365, including any conduct that, if the conduct occurred in
the special maritime and territorial jurisdiction of the United
States, would violate section 2241 or 2242)'' after ``injury'';
(2) in paragraph (2), by inserting ``(as defined in section
1365, including any conduct that, if the conduct occurred in
the special maritime and territorial jurisdiction of the United
States, would violate section 2241 or 2242)'' after ``injury'';
and
(3) by striking the matter following paragraph (2) and
inserting the following:
``shall be punished as provided under section 2242.''. | Terrorism Prevention and Deterrence Act of 2007 - Amends the federal criminal code to impose a fine and/or prison term of up to 25 years (or a life term if a death results) for providing, or attempting or conspiring to provide, material support or resources to a perpetrator of international terrorism, or to a family member or other person associated with such perpetrator, with the intent to facilitate, reward, or encourage any act of international terrorism. Provides for expanded jurisdictional bases for prosecuting such offense.
Increases prison terms for providing material support to terrorists and foreign terrorist organizations and for receiving military-type training from a foreign terrorist organization. Prohibits attempts or conspiracies to receive such training.
Increases criminal penalties for terrorist murders or manslaughters of U.S. nationals outside the United States. Specifies separate criminal penalties for kidnappings and sexual abuse of U.S. nationals outside the United States. | {"src": "billsum_train", "title": "A bill to prohibit the rewarding of suicide bombings, to prohibit terrorist kidnappings and sexual assaults, and for other purposes."} | 1,846 | 220 | 0.576675 | 1.567335 | 0.780446 | 3.563636 | 9.69697 | 0.836364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prostate Research, Imaging, and
Men's Education Act of 2007'' or the ``PRIME Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Prostate cancer has reached epidemic proportions,
particularly among African-American men, and strikes and kills
men in numbers comparable to the number of women who lose their
lives from breast cancer.
(2) Life-saving breakthroughs in screening, diagnosis, and
treatment of breast cancer resulted from the development of
advanced imaging technologies led by the Federal Government.
(3) Men should have accurate and affordable prostate cancer
screening exams and minimally-invasive treatment tools, similar
to what women have for breast cancer.
(4) While it is important for men to take advantage of
current prostate cancer screening techniques, a recent NCI-
funded study demonstrated that the most common available
methods of detecting prostate cancer (PSA blood test and
physical exams) are not foolproof, causing numerous false
alarms and false reassurances.
(5) The absence of advanced imaging technologies for
prostate cancer causes the lack of accurate information
critical for clinical decisions, resulting in missed cancers
and lost lives, as well as unnecessary and costly medical
procedures, with related complications.
(6) With prostate imaging tools, men and their families
would face less physical, psychological, financial and
emotional trauma and billions of dollars could be saved in
private and public health care systems.
SEC. 3. RESEARCH AND DEVELOPMENT OF PROSTATE CANCER IMAGING
TECHNOLOGIES.
(a) Expansion of Research.--The Secretary of Health and Human
Services (referred to in this Act as the ``Secretary''), acting through
the Director of the National Institutes of Health and the Administrator
of the Health Resources and Services Administration, and in
consultation with the Secretary of Defense, shall carry out a program
to expand and intensify research to develop innovative advanced imaging
technologies for prostate cancer detection, diagnosis, and treatment
comparable to state-of-the-art mammography technologies.
(b) Early Stage Research.--In implementing the program under
subsection (a), the Secretary, acting through the Administrator of the
Health Resources and Services Administration, shall carry out a grant
program to encourage the early stages of research in prostate imaging
to develop and implement new ideas, proof of concepts, and pilot
studies for high-risk technologic innovation in prostate cancer imaging
that would have a high potential impact for improving patient care,
including individualized care, quality of life, and cost-effectiveness.
(c) Large Scale Later Stage Research.--In implementing the program
under subsection (a), the Secretary, acting through the Director of the
National Institutes of Health, shall utilize the National Institute of
Biomedical Imaging and Bioengineering and the National Cancer Institute
for advanced stages of research in prostate imaging, including
technology development and clinical trials for projects determined by
the Secretary to have demonstrated promising preliminary results and
proof of concept.
(d) Interdisciplinary Private-Public Partnerships.--In developing
the program under subsection (a), the Secretary, through the
Administrator of the Health Resources and Services Administration,
shall establish interdisciplinary private-public partnerships to
develop and implement research strategies for expedited innovation in
imaging and image-guided treatment and to conduct such research.
(e) Racial Disparities.--In developing the program under subsection
(a), the Secretary shall recognize and address--
(1) the racial disparities in the incidences of prostate
cancer and mortality rates with respect to such disease; and
(2) any barriers in access to care and participation in
clinical trials that are specific to racial minorities.
(f) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to carry out this section,
$100,000,000 for each of the fiscal years 2008 through 2012.
(2) Specific allocations.--Of the amount authorized to be
appropriated under paragraph (1) for each of the fiscal years
described in such paragraph--
(A) no less than 10 percent may be appropriated to
carry out the grant program under subsection (b); and
(B) no more than 1 percent may be appropriated to
carry out subsection (d).
SEC. 4. PUBLIC AWARENESS AND EDUCATION CAMPAIGN.
(a) National Campaign.--The Secretary shall carry out a national
campaign to increase the awareness and knowledge of Americans with
respect to the need for prostate cancer screening and for improved
detection technologies.
(b) Requirements.--The national campaign conducted under subsection
(a) shall include--
(1) roles for the Health Resources Services Administration,
the Office on Minority Health of the Department of Health and
Human Services, the Centers for Disease Control and Prevention,
and the Office of Minority Health of the Centers for Disease
Control and Prevention; and
(2) the development and distribution of written educational
materials, and the development and placing of public service
announcements, that are intended to encourage men to seek
prostate cancer screening and to create awareness of the need
for improved imaging technologies for prostate cancer screening
and diagnosis, including in vitro blood testing and imaging
technologies.
(c) Racial Disparities.--In developing the national campaign under
subsection (a), the Secretary shall recognize and address--
(1) the racial disparities in the incidences of prostate
cancer and mortality rates with respect to such disease; and
(2) any barriers in access to care and participation in
clinical trials that are specific to racial minorities.
(d) Grants.--The Secretary shall establish a program to award
grants to nonprofit private entities to enable such entities to test
alternative outreach and education strategies to increase the awareness
and knowledge of Americans with respect to the need for prostate cancer
screening and improved imaging technologies.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of the
fiscal years 2008 through 2012.
SEC. 5. IMPROVING PROSTATE CANCER SCREENING BLOOD TESTS.
(a) In General.--The Secretary, in coordination with the Secretary
of Defense, shall carry out research to develop an improved prostate
cancer screening blood test using in-vitro detection.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $20,000,000 for each of fiscal
years 2008 through 2012.
SEC. 6. REPORTING AND COMPLIANCE.
(a) Report and Strategy.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall submit to Congress a
report that details the strategy of the Secretary for implementing the
requirements of this Act and the status of such efforts.
(b) Full Compliance.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report that--
(1) describes the research and development and public
awareness and education campaigns funded under this Act;
(2) provides evidence that projects involving high-risk,
high impact technologic innovation, proof of concept, and pilot
studies are prioritized;
(3) provides evidence that the Secretary recognizes and
addresses any barriers in access to care and participation in
clinical trials that are specific to racial minorities in the
implementation of this Act;
(4) contains assurances that the all other provisions of
this Act are fully implemented; and
(5) certifies compliance with the provisions of this Act,
or in the case of a Federal agency that has not complied with
any of such provisions, an explanation as to such failure to
comply. | Prostate Research, Imaging, and Men's Education Act of 2007 or the PRIME Act of 2007 - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH), to: (1) carry out a program to expand and intensify research to develop advanced imaging technologies for prostate cancer detection, diagnosis, and treatment comparable to mammogram technology; and (2) utilize the National Institute of Biomedical Imaging and Bioengineering and the National Cancer Institute for advanced stages of research in prostate imaging.
Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration, to: (1) carry out a grant program to encourage the early stages of research in prostate imaging to develop and implement new ideas, proof of concepts, and pilot studies for high-risk technologic innovation; and (2) establish interdisciplinary private-public partnerships to develop research strategies for expedited innovation in imaging and image-guided treatment.
Directs the Secretary: (1) to carry out a national campaign to increase awareness and knowledge with respect to the need for prostate cancer screening and for improved detection technologies; (2) in carrying out the program and the campaign, to recognize and address the racial disparities in the incidences of prostate cancer and mortality rates and any racial barriers in access to care and participation in clinical trials; (3) establish a program to award grants to nonprofit private entities to test alternative outreach and education strategies; and (4) carry out research to develop an improved prostate cancer screening blood test using in-vitro detection. | {"src": "billsum_train", "title": "To provide for prostate cancer imaging research and education."} | 1,630 | 327 | 0.666522 | 2.134697 | 0.877766 | 5.667763 | 5.092105 | 0.976974 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Older Workers Against
Discrimination Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) In enacting the Age Discrimination in Employment Act of
1967, Congress intended to eliminate discrimination against
individuals in the workplace based on age.
(2) In passing the Civil Rights Act of 1991, Congress
correctly recognized that unlawful discrimination is often
difficult to detect and prove because discriminators do not
usually admit their discrimination and often try to conceal
their true motives.
(3) Congress has relied on a long line of court cases
holding that language in the Age Discrimination in Employment
Act of 1967, and similar antidiscrimination and antiretaliation
laws, that is nearly identical to language in title VII of the
Civil Rights Act of 1964 would be interpreted consistently with
judicial interpretations of title VII of the Civil Rights Act
of 1964, including amendments made by the Civil Rights Act of
1991. The Supreme Court's decision in Gross v. FBL Financial
Services, Inc., 129 S. Ct. 2343 (2009), has eroded this long-
held understanding of consistent interpretation and
circumvented well-established precedents.
(4) The holding of the Supreme Court in Gross, by requiring
proof that age was the ``but for'' cause of employment
discrimination, has narrowed the scope of protection intended
to be afforded by the Age Discrimination in Employment Act of
1967, thus eliminating protection for many individuals whom
Congress intended to protect.
(5) The Supreme Court's holding in Gross, relying on
misconceptions about the Age Discrimination in Employment Act
of 1967 articulated in prior decisions of the Court, has
significantly narrowed the broad scope of the protections of
the Age Discrimination in Employment Act of 1967.
(6) Unless Congress takes action, victims of age
discrimination will find it unduly difficult to prove their
claims and victims of other types of discrimination may find
their rights and remedies uncertain and unpredictable.
(b) Purpose.--The purpose of this Act is to ensure that the
standard for proving unlawful disparate treatment under the Age
Discrimination in Employment Act of 1967 and other anti-discrimination
and anti-retaliation laws is no different than the standard for making
such a proof under title VII of the Civil Rights Act of 1964, including
amendments made by the Civil Rights Act of 1991.
SEC. 3. STANDARD OF PROOF.
Section 4 of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 623) is amended by adding after subsection (f) the following:
``(g)(1) For any claim brought under this Act or any other
authority described in paragraph (5), a plaintiff establishes an
unlawful employment practice if the plaintiff demonstrates by a
preponderance of the evidence that--
``(A) an impermissible factor under that Act or authority
was a motivating factor for the practice complained of, even if
other factors also motivated that practice; or
``(B) the practice complained of would not have occurred in
the absence of an impermissible factor.
``(2) On a claim in which a plaintiff demonstrates a violation
under paragraph (1)(A) and a defendant demonstrates that the defendant
would have taken the same action in the absence of the impermissible
motivating factor, the court--
``(A) may grant declaratory relief, injunctive relief
(except as provided in subparagraph (B)), and attorney's fees
and costs demonstrated to be directly attributable only to the
pursuit of a claim under paragraph (1); and
``(B) shall not award damages or issue an order requiring
any admission, reinstatement, hiring, promotion, or payment.
``(3) In making the demonstration required by paragraph (1), a
plaintiff may rely on any type or form of admissible circumstantial or
direct evidence and need only produce evidence sufficient for a
reasonable trier of fact to conclude that a violation described in
subparagraph (A) or (B) of paragraph (1) occurred.
``(4) Every method for proving either such violation, including the
evidentiary framework set forth in McDonnell-Douglas Corp. v. Green,
411 U.S. 792 (1973), shall be available to the plaintiff.
``(5) This subsection shall apply to any claim that the practice
complained of was motivated by a reason that is impermissible, with
regard to that practice, under--
``(A) this Act, including subsection (d);
``(B) any Federal law forbidding employment discrimination;
``(C) any law forbidding discrimination of the type
described in subsection (d) or forbidding other retaliation
against an individual for engaging in, or interference with,
any federally protected activity including the exercise of any
right established by Federal law (including a whistleblower
law); or
``(D) any provision of the Constitution that protects
against discrimination or retaliation.
``(6) This subsection shall not apply to a claim under a law
described in paragraph (5)(C) to the extent such law has an express
provision regarding the legal burdens of proof applicable to that
claim.
``(7) In any proceeding, with respect to a claim described in
paragraph (5), the plaintiff need not plead the existence of this
subsection.
``(8) In this subsection, the term `demonstrates' means meet the
burdens of production and persuasion.''.
SEC. 4. APPLICATION.
This Act, and the amendments made by this Act, shall apply to all
claims described in section 4(g)(4) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(g)(4)) pending on or after June
17, 2009. | Protecting Older Workers Against Discrimination Act - Amends the Age Discrimination in Employment Act of 1967 to declare that a plaintiff establishes an unlawful employment practice if the plaintiff demonstrates by a preponderance of the evidence that: (1) an impermissible factor or authority was a motivating factor for the practice complained of, even if other factors also motivated that practice; or (2) the practice complained of would not have occurred in the absence of an impermissible factor. Specifies the types of: (1) evidence that a plaintiff may utilize; and (2) relief and damages available to a successful plaintiff. | {"src": "billsum_train", "title": "To amend the Age Discrimination in Employment Act of 1967 to clarify the appropriate standard of proof."} | 1,303 | 138 | 0.404018 | 1.212991 | 0.618036 | 5.451327 | 10.460177 | 0.955752 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Free Commercial Driver Act of
2013''.
SEC. 2. HAIR TESTING AS METHOD OF DETECTING USE OF CONTROLLED
SUBSTANCES.
(a) In General.--Section 31306 of title 49, United States Code, is
amended--
(1) by redesignating subsections (d) through (j) as
subsections (e) through (k), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Inclusion of Hair Testing as a Method of Testing for
Controlled Substances.--
``(1) In general.--The Secretary of Transportation shall
modify regulations issued under subsection (b) to allow a motor
carrier to use hair testing as a method of detecting the use of
a controlled substance by an operator of a commercial motor
vehicle.
``(2) Limitations on use of hair testing.--
``(A) Preemployment and random testing.--
Regulations issued under paragraph (1) shall limit the
use of hair testing as a method of detecting the use of
a controlled substance to--
``(i) preemployment testing; and
``(ii) subject to subparagraph (B), random
testing.
``(B) Limitation on use for random testing.--A
motor carrier may not use hair testing as a method of
detecting the use of a controlled substance by an
operator of a commercial motor vehicle for random
testing unless the motor carrier tested such operator
at preemployment using the same method.
``(3) Applicability of general testing guidelines.--A motor
carrier using hair testing as a method of detecting the use of
a controlled substance by an operator of a commercial motor
vehicle shall be subject to--
``(A) privacy and other testing and laboratory
requirements under subsection (c); and
``(B) clearinghouse requirements under section
1306a.''.
(b) Effective Date.--The regulations required by section 31306 of
title 49, United States Code, as added by subsection (a), shall be
issued not later than 1 year after the date of enactment of this Act.
SEC. 3. GUIDELINES FOR HAIR TESTING.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services shall issue scientific and
technical guidelines for hair testing as a method of detecting the use
of a controlled substance for purposes of section 31306 of title 49,
United States Code, as amended by this Act.
SEC. 4. EXEMPTION DURING RULEMAKING PROCESS.
(a) In General.--The Secretary of Transportation shall develop
procedures to allow a motor carrier to apply for an exemption under
section 31306 of title 49, United States Code, to use hair testing as a
method of detecting the use of a controlled substance by an operator of
a commercial motor vehicle instead of other methods of preemployment
and random testing. The procedures shall remain in effect until the
procedures required under the amendment made by section 2 have been
implemented.
(b) Limitations on Exemption.--A motor carrier shall be eligible to
apply for an exemption under paragraph (1) only if--
(1) the motor carrier demonstrates to the Secretary that
the carrier has used hair testing as a method of detecting the
use of a controlled substance by an operator of a commercial
motor vehicle for at least 1 year before the date of enactment
of this Act; and
(2) the motor carrier uses a hair testing laboratory that--
(A) has obtained laboratory accreditation from the
College of American Pathologists; and
(B) uses a testing method that has been cleared by
the Food and Drug Administration under section 510(k)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360(k)).
(c) Applicability of General Testing Guidelines.--A motor carrier
using hair testing as a method of detecting the use of a controlled
substance by an operator of a commercial motor vehicle shall be subject
to--
(1) privacy and other testing and laboratory requirements
under subsection (c); and
(2) clearinghouse requirements under section 1306a of such
title.
SEC. 5. REPORT.
Not later than 1 year after the date of implementation of the
regulations issued under section 31306(d) of title 49, United States
Code (as amended by this Act), and annually thereafter, the Secretary
shall submit to Congress a report containing an analysis of the
efficacy of hair testing and urinalysis as methods of detecting the use
of controlled substances.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31301 of
title 49, United States Code.
(2) Controlled substance.--The term ``controlled
substance'' means any substance under section 102 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 802) specified by the Secretary of Transportation.
(3) Motor carrier.--The term ``motor carrier'' has the
meaning given the term in section 13102 of title 49, United
States Code. | Drug Free Commercial Driver Act of 2013 - Directs the Secretary of Transportation (DOT) to modify regulations that require motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for controlled substances or alcohol. Allows a motor carrier to use hair testing as a method for detecting use of controlled substances by an operator, but only for preemployment testing and random testing (but the latter only if the motor carrier tested the operator at preemployment using the same method). Directs the Secretary of Health and Human Services (HHS) to issue scientific and technical guidelines for hair testing of operators for use of controlled substances. Directs the Secretary to develop procedures to allow a motor carrier during the rulemaking process to apply for an exemption from current requirements to allow use of hair testing of operators for controlled substances instead of other methods of preemployment and random testing. | {"src": "billsum_train", "title": "Drug Free Commercial Driver Act of 2013"} | 1,153 | 186 | 0.716456 | 2.056511 | 0.7987 | 2.807018 | 6.134503 | 0.842105 |
SECTION 1. IMPROVEMENT AND ENHANCEMENT OF AUTHORITIES RELATING TO THE
EMPLOYMENT, USE, AND STATUS OF MILITARY TECHNICIANS (DUAL
STATUS).
(a) In General.--The text of section 709 of title 32, United States
Code, as amended by sections 512 and 513 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328), is further
amended to read as follows:
``(a) Under regulations prescribed by the Secretary of Defense,
persons may be employed as technicians for the purposes of--
``(1) the support of the readiness, organization,
administration, instruction, or training of the National Guard;
``(2) the maintenance and repair of supplies and equipment
or facilities issued to the National Guard or the armed forces;
and
``(3) the performance of the following additional duties to
the extent that the performance of such duties does not
interfere with the performance of the duties described by
paragraphs (1) and (2):
``(A) Support of operations or missions undertaken
by the technician's unit at the request of the
President or the Secretary of Defense.
``(B) Support of Federal training operations or
Federal training missions assigned in whole or in part
to the technician's unit.
``(C) Instructing or training in the United States
or the Commonwealth of Puerto Rico or possessions of
the United States of--
``(i) active-duty members of the armed
forces;
``(ii) members of foreign military forces
(under the same authorities and restrictions
applicable to active-duty members providing
such instruction or training);
``(iii) Department of Defense contractor
personnel; or
``(iv) Department of Defense civilian
employees.
``(b) In this section, a technician is a person employed under
subsection (a) who is an employee of the Department of the Army or the
Department of the Air Force, as the case may be, and an employee of the
United States, and who is either of the following:
``(1) A military technician (dual status) as defined in
section 10216(a) of title 10 who--
``(A) is a member of the National Guard of the
jurisdiction in which the person is employed;
``(B) is outside the competitive service;
``(C) holds the military grade specified pursuant
to regulations prescribed by the Secretary of Defense
for that position; and
``(D) while performing duties as a military
technician (dual status)--
``(i) wears the uniform appropriate for the
member's grade and component of the armed
forces; and
``(ii) adheres to all military regulations
of the component concerned.
``(2) A non-dual status technician as defined in section
10217 of title 10, in a technician position designated in
accordance with regulations prescribed by the Secretary of
Defense.
``(c) The adjutants general referred to in section 314 of this
title shall appoint, employ, administer, detail, and assign the
technicians authorized by this section.
``(d) Notwithstanding any other provision of law and under
regulations prescribed by the Secretary of Defense--
``(1) a person employed under subsection (a) who is a
military technician (dual status) and otherwise subject to the
requirements of subsection (b)(1) who--
``(A) is separated from the National Guard shall be
promptly separated from military technician (dual
status) employment by the adjutant general of the
jurisdiction concerned; or
``(B) ceases to hold the military grade specified
by the Secretary concerned for that position or fails
to maintain the security or other military standards
established for a member of a reserve component
pursuant to regulations prescribed by the Secretary of
Defense that are required for that position shall be
separated from employment as a military technician
(dual status) and concurrently discharged from the
National Guard by the adjutant general of the
jurisdiction concerned;
``(2) a technician may, at any time, be separated from
technician employment for cause by the adjutant general of the
jurisdiction concerned;
``(3)(A) a reduction in force, furlough, removal, or other
adverse action involving military technician (dual status)
employment shall be accomplished by the adjutant general of the
jurisdiction concerned, and neither the Secretary of Defense
nor the Chief of the National Guard Bureau may order persons
employed as military technicians (dual status) under subsection
(a) to be furloughed; or
``(B) a reduction in force, removal, or adverse action
involving discharge from non-dual status technician employment,
suspension, furlough without pay, or reduction in rank or
compensation shall be accomplished by the adjutant general of
the jurisdiction concerned;
``(4)(A) in the case of a military technician (dual status)
a right of appeal which may exist under paragraph (1), (2), or
(3) shall be through military proceedings, and shall not extend
beyond the adjutant general of the jurisdiction concerned when
the appeal concerns activity occurring while the member is in a
military pay status or military duty standards; or
``(B) in the case of a non-dual status technician, a right
of appeal which may exist with respect to paragraph (1), (2),
or (3) shall not extend beyond the adjutant general of the
jurisdiction concerned when the appeal concerns activity
occurring while the member is in a military pay status or
concerns military duty standards;
``(5)(A) in the case of a military technician (dual
status), under regulations prescribed by the Secretary of
Defense, a right of appeal of the final decision of the
adjutant general of the jurisdiction concerned which may exist
under paragraph (1), (2), or (3) shall be to an administrative
panel when the appeal concerns activities that occur while the
technician is performing technician duties or that relate to
aspects of technician employment not covered by paragraph (4),
and the decision of the administrative panel shall be binding
upon the adjutant general of the jurisdiction concerned and may
not be further appealed; or
``(B) in the case of a non-dual status technician, with
respect to an appeal concerning any activity not covered by
paragraph (4), the provisions of sections 7511, 7512, and 7513
of title 5 and section 717 of the Civil Rights Act of 1991 (42
U.S.C. 2000e-16) shall apply;
``(6) in the case of a military technician (dual status),
with respect to an appeal of any final decision by the adjutant
general of the jurisdiction concerned alleging discrimination
based upon race, color, religion, sex, or national origin
(including an appeal of an action under paragraph (1), (2), or
(3) that alleges such discrimination) in the non-military
aspects of technician employment (but not in activities that
occur while the military technician is in a military pay or
duty status or that concern military duty standards), the
provisions of section 717 of the Civil Rights Act of 1991 shall
apply;
``(7) a technician shall be notified in writing of the
termination of employment as a technician and, unless the
technician is serving under a temporary appointment, is serving
in a trial or probationary period, or has voluntarily ceased to
be a member of the National Guard when such membership is a
condition of employment, such notification shall be given at
least 30 days before the termination date of such employment;
and
``(8) a military technician (dual status) who is
involuntarily separated from military technician (dual status)
employment under paragraph (1) or (3), other than for
misconduct, shall--
``(A) be granted priority 1 consideration under the
Department of Defense priority placement program; and
``(B) be granted full eligibility under the
Interagency Career Transition Assistance Plan (ICTAP)
under subpart G of part 330 of title 5, Code of Federal
Regulations (5 C.F.R. 330.701 et seq.).
``(e)(1) Except as provided in subsection (d), sections 2108, 3502,
7511, and 7512 of title 5 do not apply to a person employed under this
section.
``(2) In addition to the sections referred to in paragraph (1),
section 6323(a)(1) of title 5 also does not apply to a person employed
under this section who is performing active Guard and Reserve duty (as
that term is defined in section 101(d)(6) of title 10).
``(f)(1) Notwithstanding sections 5544(a) and 6101(a) of title 5 or
any other provision of law, the Secretary concerned may prescribe the
hours of duty for technicians.
``(2) Notwithstanding sections 5542 and 5543 of title 5 or any
other provision of law, non-dual status technicians shall be granted an
amount of compensatory time off from their scheduled tour of duty equal
to the amount of any time spent by them in irregular or overtime work,
and shall not be entitled to compensation for such work.
``(3) Notwithstanding sections 5542 and 5543 of title 5 or any
other provision of law and subject to the availability of funds,
military technicians (dual status) shall be paid at a rate of one and
one-half times their basic pay rate for irregular or overtime work,
except that, upon request or when funds are unavailable, such
technicians may be granted an amount of compensatory time off from
their scheduled tour of duty equal to the amount of any time spent by
them in irregular or overtime work.
``(g) The Secretary concerned may not prescribe for purposes of
eligibility for Federal recognition under section 301 of this title a
qualification applicable to non-dual status technicians employed under
subsection (a) that is not applicable pursuant to that section to the
other members of the National Guard in the same grade, branch,
position, and type of unit or organization involved. However, the
adjutant general of the jurisdiction concerned may prescribe such
qualifications for military technicians (dual status).
``(h) In this section:
``(1) The term `military duty standards' means requirements
in law, regulation, or policy that are applicable to military
service, including service in the National Guard or other
reserve components of the armed forces or service on active
duty in the armed forces.
``(2) The term `military pay status' means a period of
service where the amount of pay payable to a technician for
that service is based on rates of military pay provided by
title 37.''.
(b) Accrual of Pay for Overtime Work Contingent Upon Regulations.--
No entitlement to payment for overtime work shall accrue under
paragraph (3) of subsection (f) of section 709 of title 32, United
States Code, as amended by subsection (a), until the Secretary of
Defense prescribes regulations relating to budgeted for and paying for
overtime work of military technicians under that section.
SEC. 2. ENHANCEMENT OF BENEFITS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) Bonuses and Related Benefits.--Section 10216 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(h) Bonuses and Related Benefits.--(1) If an individual becomes
employed as a military technician (dual status) while the individual is
already a member of a reserve component of the armed forces, the
Secretary concerned may not require the individual to repay any
enlistment, reenlistment, or affiliation bonus provided to the
individual in connection with the individual's enlistment or
reenlistment before such employment.
``(2) Even though an individual employed as a military technician
(dual status) is required as a condition of that employment to maintain
membership in the Selected Reserve, the individual shall not be
precluded from receiving an enlistment, reenlistment, or affiliation
bonus nor be denied the opportunity to participate in an educational
loan repayment program under chapter 1609 of this title as an
additional incentive for the individual to accept and maintain such
membership.''.
(b) Eligibility for TRICARE Standard as Members of the Selected
Reserve.--Section 1076d(a)(2) of title 10, United States Code, is
amended--
(1) by striking ``Paragraph (1) does not'' and inserting
``(A) Except as provided in subparagraph (B), paragraph (1)
does not''; and
(2) by adding at the end the following new subparagraph:
``(B) Notwithstanding subparagraph (A), paragraph (1) applies to a
member who is enrolled, or eligible to enroll, in a health benefits
plan under chapter 89 of title 5 if the member is a military technician
(dual status) as described in section 10216(a) of this title.''.
SEC. 3. FISCAL YEAR 2018 END STRENGTHS FOR NATIONAL GUARD MILITARY
TECHNICIANS (DUAL STATUS).
Notwithstanding any other provision of law, the minimum number of
military technicians (dual status) as of the last day of fiscal year
2018 for the specified reserve components of the Army and the Air Force
(notwithstanding section 129 of title 10, United States Code) shall be
the following:
(1) For the Army National Guard of the United States,
25,507.
(2) For the Air National Guard of the United States,
22,103.
SEC. 4. MODIFICATION OF REQUIREMENTS RELATING TO CONVERSION OF MILITARY
TECHNICIAN (DUAL STATUS) POSITIONS.
Section 1053(a) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 10 U.S.C. 10216 note),
as amended by section 1084(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328), is further amended by
striking paragraphs (1) and (2) and inserting the following new
paragraphs:
``(1) In general.--Commencing not earlier than October 1,
2017, the Secretary of Defense shall convert the military
technician positions described in paragraph (2) to positions
filled by individuals who are employed under section 3101 of
title 5, United States Code, or section 1601 of title 10,
United States Code, and are not military technicians.
``(2) Covered positions.--The positions described in this
paragraph are military technician (dual status) positions in
general administration, clerical, finance, and office service
occupations that are identified by the Secretary of Defense as
convertible without affecting military readiness.
``(3) Limitation on number converted.--The total number of
positions converted pursuant to this subsection may not exceed
the number equal to 4.8 percent of military technician (dual
status) positions of the National Guard and the Reserves that
are filled as of October 1, 2017.''.
SEC. 5. SCOPE OF AUTHORIZED DUTIES FOR MEMBERS OF THE NATIONAL GUARD
CALLED TO ACTIVE GUARD AND RESERVE DUTY BY THE GOVERNORS
OF THE STATES.
Section 328(b) of title 32, United States Code, is amended by
inserting ``, or additional duties in support of State missions,''
after ``additional duties specified in section 502(f) of this title''.
SEC. 6. MODIFICATION OF PERSONNEL MANAGEMENT AUTHORITIES FOR THE CHIEF
OF THE NATIONAL GUARD BUREAU.
Section 10508(b) of title 10, United States Code, as added by
section 932(2) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328), is amended--
(1) in paragraph (1), by striking ``may'' and all that
follows and inserting ``may--
``(A) program for persons under sections 2103,
2105, and 3101 of title 5, and section 328 of title 32;
and
``(B) appoint, employ, administer, detail, and
assign persons under sections 2103, 2105, and 3101 of
title 5 within the National Guard Bureau and, with the
consent and advice of the adjutant general of the
jurisdiction concerned, the National Guard of each
State, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, and the Virgin Islands to execute the
functions of the National Guard Bureau, the missions of
the National Guard, and missions assigned by the Chief
of the National Guard Bureau.''; and
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) Administration through adjutants general.--The
adjutants general referred to in section 314 of title 32 shall
exercise the authority of the Chief of the National Guard
Bureau under paragraph (1)(B) to appoint, employ, administer,
detail, and assign persons under sections 2103, 2105, and 3101
of title 5 within their jurisdictions. The adjutants general
may delegate such authority to persons under sections 328 and
709 of title 32.''. | This bill revises provisions concerning military technicians (dual status), including by: (1) transferring authority to issue regulations regarding the employment, use, and status of such technicians from the Departments of the Army and the Air Force to the Department of Defense (DOD); and (2) requiring that such individuals be outside the competitive service and be appointed and administered by an adjutant general. An individual who becomes employed as such a technician while already a member of a reserve component of the armed forces shall not have to repay any enlistment, reenlistment, or affiliation bonus provided before such employment. The bill: (1) makes such technicians eligible for TRICARE, and (2) sets forth FY2018 end strengths for the Army National Guard and the Air National Guard. The National Defense Authorization Act for Fiscal Year 2016 is amended to reduce from 20% to 4.8% the percentage of technician positions filled in administration, clerical, finance, and office service occupations as of October 1, 2017, that DOD must convert to civilian positions. A governor or the commanding general of the District of Columbia National Guard may order a member of the National Guard to perform active Guard and Reserve duty in support of state missions. The bill modifies personnel management authorities of the Chief of the National Guard Bureau, including by requiring adjutants general to exercise the Chief's authority to employ, administer, and assign certain persons within their jurisdictions. | {"src": "billsum_train", "title": "To amend titles 10 and 32, United States Code, to improve and enhance authorities relating to the employment, use, status, and benefits of military technicians (dual status), and for other purposes."} | 3,687 | 298 | 0.600989 | 1.863644 | 0.754756 | 3.479853 | 12.849817 | 0.886447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patients' Right to Know Act''.
SEC. 2. HEALTH BENEFITS PLAN INFORMATION TRANSPARENCY.
(a) Ensuring Consumer and Provider Access to Health Benefits Plan
Information.--
(1) In general.--Each entity offering a health benefits
plan (as defined in subsection (d)) shall make available to
enrollees and potential enrollees of such plan the following
information:
(A) The items and services that are included as
part of the coverage offered by such plan and the items
and services that are not so included.
(B) An explicit and clear list of limitations and
restrictions in the health insurance coverage offered,
along with a description of such limitations and
restrictions.
(C) A description of the process available for
appealing coverage decisions made by such plan.
(D) The number of appeals related to coverage
decisions made during the previous calendar year and
the outcomes of such appeals.
(E) The amount of cost-sharing (including premiums,
deductibles, copayments, co-insurance, maximum possible
annual out-of-pocket expenditure, and maximum possible
lifetime out-of-pocket expenditure) required by such
plan.
(F) The number of participating providers according
to medical specialty type.
(G) The extent to which a particular health care
provider accepts coverage provided by such plan and the
extent to which such a provider participates in the
provider network of such plan.
(H) The percentage of total expenditures made by
such plan during the previous calendar year that are
attributable to administrative costs and an explanation
of all the assumptions and factors used to calculate
such percentage.
(I) The plan terms and conditions, claims payment
policies and practices, periodic financial disclosure,
data on enrollment and disenrollment, data on the
number of claims denials, data on rating practices,
information on cost-sharing and payments with respect
to in-network and out-of-network coverage, and any
other information determined by the Secretary of Health
and Human Services to be beneficial to consumers or
medical providers.
(J) Information the Secretary of Health and Human
Services deems appropriate regarding the amount of
waste and fraud in the operations of such plan, efforts
to address such waste and fraud, and the outcomes of
such efforts.
The requirement under this paragraph (including subparagraph
(H)) shall apply only to entities offering health benefits
plans (as defined in subsection (d)).
(2) Out-of-pocket cost-sharing transparency.--
(A) In general.--An entity offering a health
benefits plan shall disclose, upon request of an
enrollee of such plan, the amount of out-of-pocket
cost-sharing (including deductibles, copayments, and
coinsurance) under such plan that the enrollee would be
responsible for paying with respect to the furnishing
of a specific item or service by a provider
participating in such plan in a timely manner. At a
minimum, such information shall be made available to
the enrollee, upon request, prior to seeking care, and
shall be provided in a manner that allows such enrollee
to compare providers based on such information.
(B) Health care quality information to be
disclosed.--In disclosing information described in
subparagraph (A), an entity offering a health benefits
plan shall, to the extent practicable and appropriate,
associate such information with any available risk-
adjusted quality data measures. The Secretary may
specify that such measures include those that have been
endorsed by the National Quality Forum.
(3) Advance notice of plan changes.--An entity offering a
health benefits plan shall not make a change to such plan
without reasonable and timely advance notice of such change to
enrollees of such plan.
(4) Contracting reimbursement transparency.--An entity
offering a health benefits plan shall disclose to each health
care provider information relating to the reimbursement
arrangements between such plan and such provider.
(b) Administrative Provisions and Information Design.--
(1) Timely disclosure and updates; additional information
disclosures.--
(A) Timely disclosure and updates.--Each entity
offering a health benefits plan shall provide for
timely access to information described in subsection
(a) and consistent with such subsection, including
through an Internet website. Such information shall
first be made available not later than 18 months after
the date of the enactment of this Act. Such information
shall be updated as often as is deemed feasible by the
Secretary of Health and Human Services, but not less
than once a calendar quarter.
(B) Additional information disclosures.--The
Secretary may undertake rulemaking as necessary in
order to ensure that additional information, as
specified by the Secretary, is progressively made
available by entities offering health benefits plans,
in order to provide for the maximum feasible reporting
of information to meet the needs of consumers and
providers of health care in making determinations with
regard to health care items, insurance, and services.
In no case shall such additional information be
required to be made available by any entity other than
an entity offering a health benefits plan (as defined
in subsection (d)).
(2) Information design.--
(A) In general.--Each entity offering a health
benefits plan shall ensure that the information
described in paragraph (1) is made available in a
manner that--
(i) is in a format that is easily
accessible, useable, and understandable to
enrollees and potential enrollees of the plan
as well as health care providers as applicable;
(ii) uses language that the intended
audience can readily understand and that is
clean, concise, well-organized, and follows
other best practices of language writing; and
(iii) to the greatest extent feasible,
permits an individual to search the information
by a user-defined geographic area, such as
within a 50-mile radius of the user's home
address.
(B) Enabling consumers to compare information.--The
Secretary of Health and Human Services shall, by final
rule issued not later than 12 months after the date of
the enactment of this Act, require entities offering
health benefits plans to disclose the information
described in subsection (a)(1) in such a format as to
allow individuals to compare the coverage options
available to them in as uniform a manner as possible.
(c) Penalty.--The Secretary shall provide for a methodology to
impose a penalty fee against each entity offering a health benefits
plan that fails to substantially meet the requirements of subsections
(a) and (b). Such methodology shall--
(1) provide for an increased penalty amount in the case of
such an entity that knowingly misrepresents information
required to be disclosed under subsection (a) or under
regulations issued pursuant to subsection (b)(1)(B);
(2) vary the amount of such fee based on the size of the
entity involved and type of infraction.
The provisions of section 1128A (other than subsections (a) and (b))
shall apply to a penalty fee imposed under this subsection in the same
manner as such provisions apply to a penalty or proceeding under
section 1128A(a).
(d) Entity Offering a Health Benefits Plan Defined.--For the
purposes of this section, the term ``entity offering a health benefits
plan'' means a health insurance issuer with respect to the offering of
health insurance coverage, including in the individual market and small
and large group market (as such terms are defined in section 2791 of
the Public Health Service Act); a plan sponsor with respect to the
offering of a group health plan (as defined in such section 2791); and
entities responsible for the administration of governmental health
plans (including the Centers for Medicare & Medicaid Services with
respect to the Medicare program under title XVIII of the Social
Security Act, State agencies responsible for administration of State
plans under the Medicaid program under title XIX of such Act or State
child assistance plans under the State Children's Health Insurance
Program under title XXI of such Act, and the Office of Personnel
Management with respect to the Federal Employees Health Benefits
Program under chapter 89 of title 5, United States Code).
SEC. 3. HOSPITAL AND AMBULATORY SURGICAL CENTER PRICE AND QUALITY
TRANSPARENCY.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
(1) by striking ``and'' at the end of paragraph (72);
(2) by striking the period at the end of paragraph (73) and
inserting ``; and'';
(3) by inserting after paragraph (73) the following new
paragraph:
``(74) provide that the State will establish and maintain
laws, in accordance with the requirements of section 1921A, to
require disclosure of information on hospital and ambulatory
surgical center charges and quality, to make such information
available to the public and the Secretary.''; and
(4) by inserting after section 1921 the following new
section:
``SEC. 1921A. PRICE AND QUALITY TRANSPARENCY.
``(a) In General.--The requirements referred to in section
1902(a)(74) are that the laws of a State must--
``(1) require reporting to a State (or its agent) by each
hospital located therein, of information on--
``(A) the charges for inpatient and outpatient
services typically performed (as defined by the
Secretary through notice and comment rulemaking) by
such hospital;
``(B) the reimbursement amount under title XVIII
and under the State plan under this title for such
services; and
``(C) if the hospital allows for or provides
reduced charges for individuals based on financial
need, the factors considered in making determinations
for reductions in charges, including any formula for
such determination and the contact information for the
specific department of a hospital that responds to such
inquiries;
``(2) provide for notice to individuals seeking or
requiring such services of the availability of information on
charges described in paragraph (1);
``(3) provide for timely access to such information,
including at least through an Internet website, by individuals
seeking or requiring such services; and
``(4) provide for timely access to information regarding
the quality of care at each hospital made publicly available in
accordance with section 501 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003, section 1139A, or
section 1139B.
``(b) Application to Ambulatory Surgical Centers.--The requirements
described in subsection (a) shall apply, to the greatest extent
practicable, to ambulatory surgical centers in the same manner as such
requirements apply to hospitals, except that in applying paragraph (4)
of such subsection, the references described in such paragraph shall be
deemed to be a reference to section 1833(i)(7).
``(c) Consultation With Stakeholders.--For purposes of carrying out
this section, the Secretary shall consult with appropriate stakeholders
through a formal process to obtain guidance prior to issuing any
implementing policies.
``(d) Hospital Defined.--For the purposes of this section, the term
`hospital' means an institution that meets the requirements of
paragraphs (1) and (7) of section 1861(e) and includes an institution
to which section 1820(c) applies.
``(e) Ambulatory Surgical Center Defined.--For purposes of this
section, the term `ambulatory surgical center' means a center described
in section 1832(a)(2)(F)(i).''
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall apply to State plans beginning not later than 2 years
after the date of the enactment of this Act.
(2) Existing programs.--The Secretary of Health and Human
Services shall establish a process by which a State with an
existing program may certify to the Secretary that its program
satisfies the requirements of section 1921A of the Social
Security Act, as inserted by subsection (a). | Patients' Right to Know Act - Requires each entity offering a health benefits plan to make available to enrollees and potential enrollees specified information, including covered items and services, a list of limitations and restrictions, the claims appeal process, out-of-pocket cost-sharing, among other things.
Amends title XIX (Medicaid) of the Social Security Act to require the state Medicaid plan to provide that the state will establish and maintain laws to require disclosure to the public and the Secretary of information on hospital and ambulatory surgical center prices and quality. | {"src": "billsum_train", "title": "To ensure health care consumer and provider access to certain health benefits plan information and to amend title XIX of the Social Security Act to provide transparency in hospital price and quality information."} | 2,619 | 127 | 0.460582 | 1.192455 | 0.597144 | 3.764151 | 23.084906 | 0.933962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Future of Healthcare--Granting
Access to Innovation in America Act (GAIA Act)''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Medical errors, such as the miscalculation of
prescribed dosage amounts and the illegible handwriting of
physicians, cause many unnecessary deaths in the United States
each year.
(2) There are 98,000 preventable deaths that occur each
year from medication errors in the United States.
(3) According to a 2004 Health Grades report on patient
safety in American hospitals, medication errors are the 6th
leading cause of death among patients in hospitals in the
United States.
SEC. 3. IMPLEMENTATION OF COMPUTERIZED PROVIDER ORDER ENTRY TECHNOLOGY.
(a) In General.--The Secretary of Health and Human Services, in
consultation with the Administrator of the Centers for Medicare &
Medicaid Services and with the National Health Information Technology
Coordinator, may make grants to hospitals and skilled nursing
facilities to carry out demonstration projects for the purpose of
reducing the rate of medication errors and improving the quality of
care in the hospitals and skilled nursing facilities by installing or
upgrading computerized technology that assists in preventing such
errors and that increases the quality of care through capabilities such
as the following:
(1) Providing information on drug-allergy contraindications
and interactions between drugs.
(2) Ensuring that all drug orders are legible.
(3) Providing physicians and other clinicians with a menu
of medications, complete with default doses and a range of
potential doses for each medication.
(b) Requirements Regarding Decision-Support Software.--
(1) In general.--With respect to the computer technology
described in subsection (a) (referred to in this section as
``CPOE technology''), a grant may be made under such subsection
only if the applicant involved agrees--
(A) for grants made pursuant to subsection
(l)(2)(A) to ensure that when the CPOE technology
involved becomes operational, the software described in
paragraph (2) has been installed for use with the CPOE
technology; or
(B) for a grant made pursuant to subsection
(l)(2)(B) that is an initial grant referred to in such
subsection, to ensure that such software is installed
for use with the CPOE technology not later than one
year after the receipt of the initial grant under
subsection (a).
(2) Description of software.--For purposes of paragraph
(1), the software described in this paragraph is computer
software that assists physicians and clinicians who order
prescription drugs and tests in making medication-related
decisions through functions such as the following:
(A) Providing computerized advice regarding drug
doses, selection, duration, and frequencies.
(B) Performing drug-allergy checks, drug-
laboratory-value checks, and checks on interactions
between drugs.
(C) Providing reminders with respect to corollary
orders or drug guidelines.
(D) Incorporating patient-specific or pathogen-
specific information.
(c) Requirements Regarding Electronic Medication Administration
Record.--
(1) In general.--A grant may be made under subsection (a)
only if the applicant involved agrees--
(A) for grants made pursuant to subsection
(l)(2)(A) to ensure that when the CPOE technology
involved becomes operational, the software described in
paragraph (2) has been installed for use with the CPOE
technology; or
(B) for a grant made pursuant to subsection
(l)(2)(B) that is an initial grant referred to in such
subsection, to ensure that such software is installed
for use with the CPOE technology not later than one
year after the receipt of the initial grant under
subsection (a).
(2) Description of software.--For purposes of paragraph
(1), the software described in this paragraph is software
providing for an electronic record known as an electronic
medication administration record (also known as EMAR) and is a
fully closed-loop medication process that, for the patient
involved, electronically documents the specific drug, dosages,
routes and times for the administration of medication, and acts
as a scheduler by linking to a pharmacy information system
through a bar-code point-of-care system.
(d) Certain Uses of Grant.--The purposes for which a grant under
subsection (a) may be expended include the following:
(1) Purchasing and installing CPOE technology.
(2) Purchasing and installing decision-support software and
EMAR for purposes of subsections (b) and (c).
(3) Updating CPOE technology, decision-support software,
and EMAR.
(4) Training and updating the usage associated with CPOE
technology, decision support software, and EMAR with the goal
of attaining a 100 percent rate of compliance among physicians
and other clinicians who order prescription drugs and tests.
(e) Facilities With Previously Installed CPOE Technology.--A grant
under subsection (a) may be made to a hospital or a skilled nursing
facility that installed CPOE technology prior to receiving an initial
grant under such subsection. Such a hospital or facility may expend the
grant for the purposes described in paragraphs (2) through (4) of
subsection (d).
(f) Matching Requirement.--
(1) In general.--A grant may be made under subsection (a)
only if the applicant involved agrees that, with respect to the
costs to be incurred by the applicant in carrying out the
purpose described in such subsection, the applicant will make
available non-Federal contributions (in cash or in kind) toward
such costs in an amount determined by the Secretary. Such
contributions may be made directly or through donations from
public or private entities.
(2) Determination of amount of non-federal contribution.--
Non-Federal contributions required in subsection (a) may be in
cash or in kind, fairly evaluated, including equipment or
services (and excluding indirect or overhead costs). Amounts
provided by the Federal Government, or services assisted or
subsidized to any significant extent by the Federal Government,
may not be included in determining the amount of such non-
Federal contributions.
(g) Reports by Hospitals and Skilled Nursing Facilities.--A grant
may be made under subsection (a) only if the applicant involved agrees
that, for each fiscal year for which the grant is made, the applicant
will submit to the Secretary, acting through the National Health
Information Technology Coordinator, a report that provides details on
the following:
(1) Quantitative reductions in medication errors.
(2) The level of compliance by physicians, clinicians, and
other staff with respect to the usage of CPOE technology.
(3) The difference between administrative and clinical
workflows before the implementation of CPOE technology and
after the usage of such technology.
(4) Alterations and improvements with respect to workflow
in the case of facilities that have CPOE technology.
(5) An analysis on the improvement of the quality of care
and patient satisfaction within the hospital or skilled nursing
facility involved.
(6) The overall economic savings associated with the usage
of CPOE technology.
(h) Application.--A grant may be made 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. The Secretary shall provide
technical assistance to hospitals and skilled nursing facilities in the
application process.
(i) Limitation of Grant.--A grant under subsection (a) may not be
made in an amount exceeding $500,000.
(j) Report to Congress.--Not later than five years after the
initial distribution of grants under subsection (a), the Secretary
shall submit to the Congress a report on the progress of the program
under such subsection.
(k) Definitions.--For purposes of this Act:
(1) The term ``barcode point-of-care'' means a system that
uses bar codes in association with a computer server that
interfaces with the admission, discharge, transfer, and
pharmacy systems, and with EMAR software, in order to ensure
that a patient receives the medications intended for the
patient, including the intended dosages.
(2) The term ``CPOE technology'' has the meaning indicated
for such term in subsection (b)(1).
(3) The term ``decision-support software'' means the
computer software described in subsection (b)(2).
(4) The terms ``electronic medication administration
record'' and ``EMAR'' have the meaning indicated for such terms
in subsection (c)(2).
(5) The term ``rural hospital'' means a hospital located in
a rural area, as defined in section 1886(d)(2)(D) of the Social
Security Act.
(6) The term ``rural skilled nursing facility'' means a
skilled nursing facility located in a rural area, as defined in
section 413.333 of title 42, Code of Federal Regulations.
(7) The term ``Secretary'' means the Secretary of Health
and Human Services.
(8) The term ``skilled nursing facility'' has the meaning
indicated for such term in section 1819(a) of the Social
Security Act.
(l) Funding.--
(1) Authorization of appropriation.--For the purpose of
carrying out this section, there is authorized to be
appropriated $25,000,000 for each of the fiscal years 2006
through 2010.
(2) Reservation of amounts.--Of the amounts appropriated
under paragraph (1), the Secretary shall reserve amounts in
accordance with the following:
(A) Fifty percent for grants under section (a) for
the initial purchase and installation of CPOE
technology and decision-support software. Amounts
reserved under this subparagraph are not available for
hospitals and skilled nursing facilities referred to in
subsection (e) and are not available for the purposes
described in paragraphs (3) and (4) of subsection (d).
(B) Fifty percent for grants under such subsection
for upgrading such technology and software and for
other purposes authorized in paragraphs (2) through (4)
of subsection (d), including initial and subsequent
grants under subsection (a) to hospitals and skilled
nursing facilities referred to in subsection (e).
(C) Twenty percent for grants under such subsection
to rural hospitals and rural skilled nursing facilities
in the aggregate, which percentage includes amounts
reserved under subparagraphs (A) and (B) that are used
for grants under subsection (a) to rural hospitals and
rural skilled nursing facilities. | The Future of Healthcare-- Granting Access to Innovation in America Act (GAIA Act) - Authorizes the Secretary of Health and Human Services to make grants to hospitals and skilled nursing facilities to carry out demonstration projects aimed at reducing the rate of medication errors and improving the quality of care by installing or upgrading computerized technology that: (1) provides information on drug-allergy contraindications and drug interactions; (2) ensures that all drug orders are legible; and (3) provides physicians and other clinicians with a menu of medications, complete with default doses and a range of potential doses for each medication.
Requires grant applicants to agree to provide for technology including software that assists clinicians who order prescription drugs and tests in making medication-related decisions and that provides for an electronic medication administration record. Authorizes grant expenditures to purchase, install, and update such technology. Sets forth matching requirements.
Requires each applicant to agree to submit to the Secretary, acting through the National Health Information Technology Coordinator, a report detailing: (1) quantitative reductions in medication errors; (2) the level of staff compliance; (3) the difference between administrative and clinical workflows before and after implementation of the technology; (4) alterations and improvements regarding the workflow in facilities that have the technology; (5) an analysis of the improvement of the quality of care and patient satisfaction within the hospital or skilled nursing facility involved; and (6) the overall economic savings associated with usage of the technology. | {"src": "billsum_train", "title": "To improve the quality of health care through the implementation of computerized provider order entry systems in hospitals and skilled nursing facilities that will result in a reduction in the rate of medication errors and in redundancies and will create more efficiency."} | 2,257 | 308 | 0.646958 | 2.14365 | 0.869217 | 5.045455 | 7.58042 | 0.940559 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Bridges Act of 1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) bridges are important and necessary components of the
surface transportation system of the United States;
(2) bridges are an important factor in the efficient
movement of people and goods;
(3) properly maintained and constructed bridges help save
lives;
(4) more than 25 percent of the bridges on the Interstate
System are classified as deficient or in poor condition; and
(5) an investment of more than $5,000,000,000 annually is
needed to maintain the bridges that are in existence as of the
date of enactment of this Act.
SEC. 3. BRIDGE DISCRETIONARY PROGRAM.
(a) Extension of Program.--Section 144(g) of title 23, United
States Code, is amended by striking paragraph (1) and inserting the
following:
``(1) Discretionary bridge program.--
``(A) Set aside.--For each fiscal year, before any
apportionment is made under subsection (e), the
Secretary shall set aside $500,000,000 from the funds
authorized to carry out this section.
``(B) Use of set aside.--The amount set aside under
subparagraph (A) shall be available for obligation in
the same manner and to the same extent as the sums
apportioned under subsection (e), except that--
``(i) the amount shall be available for
obligation at the discretion of the Secretary;
``(ii) for each fiscal year, $8,500,000 of
the amount shall be available to carry out
section 144A;
``(iii) for each fiscal year, $12,500,000
of the amount shall be available to carry out
section 144B;
``(iv) for each fiscal year, $15,000,000 of
the amount shall be available to carry out
section 144C; and
``(v) the remainder of the amount shall be
available in accordance with paragraph (2).
``(C) Other state funds.--Funds made available to a
State under subparagraph (B) shall not be considered in
determining the apportionments and allocations that the
State shall be entitled to receive, under the other
provisions of this title and other law, of amounts in
the Highway Trust Fund.''.
(b) Highway Timber Bridge Research and Construction Program.--
(1) Transfer to title 23.--Section 1039 of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 144
note; 105 Stat. 1990) is--
(A) transferred to title 23, United States Code;
(B) redesignated as section 144A of that title; and
(C) inserted after section 144 of that title.
(2) Conforming amendments.--
(A) Section 144A of title 23, United States Code
(as added by paragraph (1)), is amended--
(i) by striking the section heading and
inserting the following:
``Sec. 144A. Highway timber bridge research and construction program'';
(ii) in subsection (e)--
(I) by striking ``of title 23,
United States Code, for each of fiscal
years 1992, 1993, 1994, 1995, 1996, and
1997'' and inserting ``for each of
fiscal years 1998 through 2003''; and
(II) in paragraph (2), by striking
``($7,000,000 in the case of fiscal
year 1992)''; and
(iii) by striking subsection (f).
(B) The analysis for chapter 1 of title 23, United
States Code, is amended by inserting after the item
relating to section 144 the following:
``144A. Highway timber bridge research and construction program.''.
SEC. 4. INNOVATIVE HIGHWAY STEEL BRIDGE RESEARCH AND CONSTRUCTION
PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 144A (as added by section 3(b)(1))
the following:
``Sec. 144B. Innovative highway steel bridge research and construction
program
``(a) Research Grants.--The Secretary shall make grants to other
Federal agencies, universities, private businesses, nonprofit
organizations, and research or engineering entities to carry out
research concerning--
``(1) the development of new, cost-effective highway steel
bridge applications;
``(2) the development of engineering design criteria for
steel products and materials for use in highway bridges and
structures to improve steel design properties;
``(3) the development of highway steel bridges and
structures that will withstand natural disasters;
``(4) the development of products, materials, and systems
for use in highway steel bridges that demonstrate new
alternatives to current processes and procedures with respect
to performance in various environments; and
``(5) rehabilitation measures that demonstrate effective,
safe, and reliable methods for the use of steel in
rehabilitating highway bridges and structures.
``(b) Technology and Information Transfer.--The Secretary shall
take such action as is necessary to ensure that the information and
technology resulting from research conducted under subsection (a) is
made available to State and local transportation departments and other
interests as specified by the Secretary.
``(c) Construction Grants.--
``(1) Authority.--The Secretary shall make grants to States
for projects for the construction of steel bridges and
structures on Federal-aid highways.
``(2) Applications.--
``(A) Submission.--A State that desires to receive
a grant under this subsection shall submit an
application to the Secretary.
``(B) Contents.--The application shall be in such
form and contain such information as the Secretary may
require by regulation.
``(3) Approval criteria.--The Secretary shall select and
approve applications for grants under this subsection based on
whether the project that is the subject of the grant--
``(A) has a design that has both initial and long-
term structural integrity;
``(B) has an innovative design, product, material,
or system that has the potential for increasing
knowledge, cost effectiveness, durability, and future
use of the innovation; and
``(C) uses practices and construction techniques
that comply with all environmental regulations.
``(d) Federal Share.--The Federal share of the cost of a research
or construction project under this section shall be 80 percent.
``(e) Funding.--
``(1) In general.--From the funds reserved from
apportionment under section 144(g)(1) for each of fiscal years
1998 through 2003--
``(A) $2,500,000 shall be available to the
Secretary to carry out subsections (a) and (b); and
``(B) $10,000,000 shall be available to the
Secretary to carry out subsection (c).
``(2) Availability.--Sums made available under paragraph
(1) shall remain available until expended.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 144A (as added by section 3(b)(2)(B)) the following:
``144B. Innovative highway steel bridge research and construction
program.''.
SEC. 5. CARBON COMPOSITE BRIDGE RETROFIT RESEARCH AND DEMONSTRATION
PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 144B (as added by section 4(a)) the
following:
``Sec. 144C. Carbon composite bridge retrofit research and
demonstration program
``(a) Research Grants.--The Secretary shall make grants to other
Federal agencies and to universities, private businesses, nonprofit
organizations, and research or engineering entities, in the United
States, to carry out research concerning--
``(1) the development of new, economical carbon composite
highway bridge retrofit systems;
``(2) the development of engineering design criteria for
carbon composite products for use in highway bridges in order
to improve methods for characterizing carbon composite design
properties;
``(3) deployment systems for the incorporation of carbon
composites that demonstrate alternative processes for the
seismic retrofit of bridges and the rehabilitation of
structurally deficient bridge structures;
``(4) alternative carbon composite transportation system
structures that demonstrate the development of applications for
lighting support, sound barriers, culverts, and retaining walls
in highway infrastructure; and
``(5) additional rehabilitation measures that demonstrate
effective, safe, and reliable methods for rehabilitating
highway infrastructure with carbon composites.
``(b) Technology and Information Transfer.--The Secretary shall
take such action as is necessary to ensure that the information and
technology resulting from research conducted under subsection (a) is
made available to State and local transportation departments and other
interests as specified by the Secretary.
``(c) Construction Grants.--
``(1) Authority.--The Secretary shall make grants to States
for projects for the reconstruction or seismic retrofit of
bridges on the National Highway System.
``(2) Applications.--
``(A) Submission.--A State that desires to receive
a grant under this subsection shall submit an
application to the Secretary.
``(B) Contents.--The application shall be in such
form and contain such information as the Secretary may
require by regulation.
``(3) Approval criteria.--The Secretary shall select and
approve applications for grants under this subsection based on
whether the project that is the subject of the grant--
``(A) has a design that has both initial and long-
term structural and environmental integrity;
``(B) has a design that uses carbon composite
materials;
``(C) has an innovative design that has the
potential for increasing knowledge, cost effectiveness,
and future use of the design;
``(D) will ensure the structural integrity of a
major river crossing in the New Madrid region during a
seismic event;
``(E) will extend the service life of a
structurally deficient bridge by at least 15 years; and
``(F) uses bridge retrofit technology and material
that are produced in the United States.
``(d) Federal Share.--The Federal share of the cost of a research
or construction project under this section shall be 80 percent.
``(e) Funding.--
``(1) In general.--From the funds reserved from
apportionment under section 144(g)(1) for each of fiscal years
1998 through 2003--
``(A) $1,000,000 shall be available to the
Secretary to carry out subsections (a) and (b); and
``(B) $14,000,000 shall be available to the
Secretary to carry out subsection (c).
``(2) Availability.--Sums made available under paragraph
(1) shall remain available until expended.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 144B (as added by section 4(b)) the following:
``144C. Carbon composite bridge retrofit research and demonstration
program.''. | Safe Bridges Act of 1997 - Amends Federal transportation law to direct the Secretary of Transportation to set aside $800 million per fiscal year for obligation at the Secretary's discretion for the highway bridge replacement and rehabilitation program.
Recodifies under Federal law provisions of the Intermodal Surface Transportation Efficiency Act of 1991 relating to the highway timber bridge research and construction program.
Directs the Secretary to make grants to carry out research concerning: (1) the development of highway steel bridge applications and materials used in such structures; (2) the development of bridges and structures that will withstand natural disasters and various environments; and (3) using steel in rehabilitating highway bridges and structures. Requires such technology to be made available to State and local transportation departments. Directs the Secretary to make grants to States for projects for the construction of steel bridges and structures on Federal-aid highways, with a Federal cost-share limit of 80 percent of project costs. Provides project funding for FY 1998 through 2003.
Directs the Secretary to make grants to carry out research for the development of carbon composite highway bridge retrofit systems and related rehabilitation measures. Requires such technology to be made available to State and local transportation departments. Directs the Secretary to make grants to States for projects for the reconstruction or seismic retrofit of bridges on the national highway system, with a Federal cost-share limit of 80 percent of project costs. Provides project funding for FY 1998 through 2003. | {"src": "billsum_train", "title": "Safe Bridges Act of 1997"} | 2,428 | 304 | 0.526751 | 1.526242 | 0.782072 | 3.279152 | 8.04947 | 0.876325 |
SECTION 1. PURPOSE.
The purpose of this Act is to repeal the 4.3-cent increase in the
transportation motor fuels excise tax rates enacted by the Omnibus
Budget Reconciliation Act of 1993 and dedicated to the general fund of
the Treasury.
SEC. 2. REPEAL OF 4.3-CENT INCREASE IN FUEL TAX RATES ENACTED BY THE
OMNIBUS BUDGET RECONCILIATION ACT OF 1993 AND DEDICATED
TO GENERAL FUND OF THE TREASURY.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on gasoline and diesel fuel) is amended
by adding at the end the following new subsection:
``(f) Repeal of 4.3-Cent Increase in Fuel Tax Rates Enacted by the
Omnibus Budget Reconciliation Act of 1993 and Dedicated to General Fund
of the Treasury.--
``(1) In general.--During the applicable period, each rate
of tax referred to in paragraph (2) shall be reduced by 4.3
cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) subsection (a)(2)(A) (relating to gasoline
and diesel fuel),
``(B) sections 4091(b)(3)(A) and 4092(b)(2)
(relating to aviation fuel),
``(C) section 4042(b)(2)(C) (relating to fuel used
on inland waterways),
``(D) paragraph (1) or (2) of section 4041(a)
(relating to diesel fuel and special fuels),
``(E) section 4041(c)(2) (relating to gasoline used
in noncommercial aviation), and
``(F) section 4041(m)(1)(A)(i) (relating to certain
methanol or ethanol fuels).
``(3) Comparable treatment for compressed natural gas.--No
tax shall be imposed by section 4041(a)(3) on any sale or use
during the applicable period.
``(4) Comparable treatment under certain refund rules.--In
the case of fuel on which tax is imposed during the applicable
period, each of the rates specified in sections 6421(f)(2)(B),
6421(f)(3)(B)(ii), 6427(b)(2)(A), 6427(l)(3)(B)(ii), and
6427(l)(4)(B) shall be reduced by 4.3 cents per gallon.
``(5) Coordination with highway trust fund deposits.--In
the case of fuel on which tax is imposed during the applicable
period, each of the rates specified in subparagraphs (A)(i) and
(C)(i) of section 9503(f)(3) shall be reduced by 4.3 cents per
gallon.
``(6) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period after the 6th day
after the date of the enactment of this subsection and before
January 1, 1997.''
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax repeal date, tax has been imposed under
section 4081 or 4091 of the Internal Revenue Code of 1986 on
any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the excess of the tax paid by the
taxpayer over the amount of such tax which would be imposed on such
liquid had the taxable event occurred on such date.
(b) Time For Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax repeal
date, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax repeal date--
(A) the dealer submits a request for refund or
credit to the taxpayer before the date which is 3
months after the tax repeal date, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of such
Code; except that the term ``dealer'' includes a producer, and
(2) the term ``tax repeal date'' means the 7th day after
the date of the enactment of this Act.
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 4. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any liquid on which tax was
imposed under section 4081 or 4091 of the Internal Revenue Code of 1986
before January 1, 1997, and which is held on such date by any person,
there is hereby imposed a floor stocks tax of 4.3 cents per gallon.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on
January 1, 1997, to which the tax imposed by subsection (a)
applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before June 30, 1997.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid 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).
(2) Gasoline and diesel fuel.--The terms ``gasoline'' and
``diesel fuel'' have the respective meanings given such terms
by section 4083 of such Code.
(3) Aviation fuel.--The term ``aviation fuel'' has the
meaning given such term by section 4093 of such Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or his delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to gasoline, diesel fuel, or aviation fuel held by any
person exclusively for any use to the extent a credit or refund of the
tax imposed by section 4081 or 4091 of such Code is allowable for such
use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on gasoline or diesel fuel held in the tank
of a motor vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline held on January 1, 1997, by any
person if the aggregate amount of gasoline held by such
person on such date does not exceed 4,000 gallons, and
(B) on diesel fuel or aviation fuel held on such
date by any person if the aggregate amount of diesel
fuel or aviation 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 paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) 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.
(B) 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 where 1 or more of such persons is not a
corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section 4081
of such Code in the case of gasoline and diesel fuel and section 4091
of such Code in the case of aviation fuel shall, insofar as applicable
and not inconsistent with the provisions of this subsection, apply with
respect to the floor stock taxes imposed by subsection (a) to the same
extent as if such taxes were imposed by such section 4081 or 4091.
SEC. 5. BENEFITS OF TAX REPEAL SHOULD BE PASSED ON TO CONSUMERS.
(a) Passthrough to Consumers.--
(1) Sense of Congress.--It is the sense of Congress that--
(A) consumers immediately receive the benefit of
the repeal of the 4.3-cent increase in the
transportation motor fuels excise tax rates enacted by
the Omnibus Budget Reconciliation Act of 1993, and
(B) transportation motor fuels producers and other
dealers take such actions as necessary to reduce
transportation motor fuels prices to reflect the repeal
of such tax increase, including immediate credits to
customer accounts representing tax refunds allowed as
credits against excise tax deposit payments under the
floor stocks refund provisions of this Act.
(2) Study.--
(A) In general.--The Comptroller General of the
United States shall conduct a study of the repeal of
the 4.3-cent increase in the fuel tax imposed by the
Omnibus Budget Reconciliation of 1993 to determine
whether there has been a passthrough of such repeal.
(B) Report.--Not later than January 31, 1997, the
Comptroller General of the United States shall report
to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives the results of the study conducted
under subparagraph (A).
SEC. ____. AUTHORIZATION OF APPROPRIATIONS FOR EXPENSES OF
ADMINISTRATION OF THE DEPARTMENT OF ENERGY.
Section 660 of the Department of Energy Organization Act (42 U.S.C.
7270) is amended--
(1) by inserting ``(a) In General.--'' before
``Appropriations''; and
(2) by adding at the end the following:
``(b) Fiscal Years 1997 Through 2002.--There are authorized to be
appropriated for salaries and expenses of the Department of Energy for
departmental administration and other activities in carrying out the
purposes of this Act--
``(1) $104,000,000 for fiscal year 1997;
``(2) $104,000,000 for fiscal year 1998;
``(3) $100,000,000 for fiscal year 1999;
``(4) $90,000,000 for fiscal year 2000;
``(5) $90,000,000 for fiscal year 2001; and
``(6) $90,000,000 for fiscal year 2002.''.
SEC. ____. SPECTRUM AUCTIONS.
(a) Commission Obligation To Make Additional Spectrum Available by
Auction.--
(1) In general.--The Federal Communications Commission
shall complete all actions necessary to permit the assignment,
by March 31, 1998, by competitive bidding pursuant to section
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) of
licenses for the use of bands of frequencies that--
(A) individually span not less than 12.5 megahertz,
unless a combination of smaller bands can,
notwithstanding the provisions of paragraph (7) of such
section, reasonably be expected to produce greater
receipts;
(B) in the aggregate span not less than 25
megahertz;
(C) are located below 3 gigahertz; and
(D) have not, as of the date of enactment of this
Act--
(i) been assigned or designated by
Commission regulation for assignment pursuant
to such section;
(ii) been identified by the Secretary of
Commerce pursuant to section 113 of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C.
923); or
(iii) reserved for Federal Government use
pursuant to section 305 of the Communications
Act of 1934 (47 U.S.C. 305).
(2) Criteria for reassignment.--In making available bands
of frequencies for competitive bidding pursuant to paragraph
(1), the Commission shall--
(A) seek to promote the most efficient use of the
spectrum;
(B) take into account the cost to incumbent
licensees of relocating existing uses to other bands of
frequencies or other means of communication;
(C) take into account the needs of public safety
radio services;
(D) comply with the requirements of international
agreements concerning spectrum allocations; and
(E) take into account the costs to satellite
service providers that could result from multiple
auctions of like spectrum internationally for global
satellite systems.
(b) Federal Communications Commission May Not Treat This Section As
Congressional Action for Certain Purposes.--The Federal Communication
Commission may not treat the enactment of this Act or the inclusion of
this section in this Act as an expression of the intent of Congress
with respect to the award of initial licenses of construction permits
for Advanced Television Services, as described by the Commission in its
letter of February 1, 1996, to the Chairman of the Senate Committee on
Commerce, Science, and Transportation. | Amends the Internal Revenue Code to reduce by 4.3 cents per gallon the tax on gasoline, diesel and aviation fuel, fuel used by commercial waterway transportation vessels, special motor fuels, and methanol or ethanol fuels. Makes the reduction effective from seven days after enactment of this Act until January 1, 1997. Provides for the treatment of floor stocks. Expresses the sense of the Congress that consumers immediately receive the benefits. Requires the Comptroller General to study and report to specified congressional committees on whether there has been a passthrough to consumers.
Amends the Department of Energy Organization Act to authorize appropriations to carry out the Act.
Requires the Federal Communications Commission (FCC) to complete actions necessary to permit the competitive bidding of licenses for the use of described frequency bands. Prohibits the FCC from treating enactment of this Act as an expression of the intent of the Congress regarding the award of initial licenses of construction permits for Advanced Television Services. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to repeal the 4.3-cent increase in the transportation motor fuels excise tax rates enacted by the Omnibus Budget Reconciliation Act of 1993 and dedicated to the general fund of the Treasury."} | 3,219 | 221 | 0.423978 | 1.218495 | 0.793134 | 2.803279 | 15.52459 | 0.846995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Minority and Women
Representation in NIH Medical Research Act of 2016''.
SEC. 2. COLLABORATION TO ENHANCE DIVERSITY IN CLINICAL RESEARCH.
Section 402(b) of the Public Health Service Act (42 U.S.C. 282(b))
is amended--
(1) by amending paragraph (4) to read as follows:
``(4) shall assemble accurate data to be used to assess
research priorities, including--
``(A) information to better evaluate scientific
opportunity, public health burdens, and progress in
reducing health disparities; and
``(B) data on study populations of clinical
research, funded by or conducted at each national
research institute and national center, which--
``(i) specifies the inclusion of--
``(I) women;
``(II) members of minority groups;
``(III) relevant age categories;
and
``(IV) other demographic variables
determined to be necessary by the
Director of NIH;
``(ii) is disaggregated by research area,
condition, and disease categories; and
``(iii) is to be made publicly available on
the Internet website of the National Institutes
of Health;''; and
(2) in paragraph (8)--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(C) foster collaboration between clinical
research projects funded by the respective national
research institutes and national centers that--
``(i) conduct research involving human
subjects; and
``(ii) collect similar data; and
``(D) encourage the collaboration described in
subparagraph (C) to--
``(i) allow for an increase in the number
of subjects studied; and
``(ii) utilize diverse study populations,
with special consideration to biological,
social, and other determinants of health that
contribute to health disparities;''.
SEC. 3. PROMOTING INCLUSION IN CLINICAL RESEARCH.
(a) Strategic Plan.--Section 492B(a) of the Public Health Service
Act (42 U.S.C. 289a-2(a)) is amended by adding at the end the
following:
``(3) Strategic planning.--
``(A) In general.--The directors of the national
institutes and national centers shall consult at least
once annually with the Director of the National
Institute on Minority Health and Health Disparities and
the Director of the Office of Research on Women's
Health regarding objectives of the national institutes
and national centers to ensure that future activities
by such institutes and centers take into account women
and minorities and are focused on reducing health
disparities.
``(B) Strategic plans.--Any strategic plan issued
by a national institute or national center shall
include details on the objectives described in
subparagraph (A).''.
(b) Clarification of Requirements.--Section 492B(c) of the Public
Health Service Act (42 U.S.C. 289a-2(c)) is amended--
(1) by striking ``In the case'' and inserting the
following:
``(1) In general.--In the case''; and
(2) by adding at the end the following:
``(2) Reporting requirements.--For any new and competing
project of clinical research subject to the requirements under
this section that receives a grant award 1 year after the date
of enactment of the Enhancing Minority and Women Representation
in NIH Medical Research Act of 2016, or any date thereafter,
for which a valid analysis is provided under paragraph (1)--
``(A) and which is an applicable clinical trial as
defined in section 402(j), the entity conducting such
clinical research shall submit the results of such
valid analysis to the clinical trial registry data bank
expanded under 402(j)(3), and the Director of NIH
shall, as appropriate, consider whether such entity has
complied with the reporting requirement described in
this subparagraph in awarding any future grant to such
entity, including pursuant to section 402(j)(5)(A)(ii)
when applicable; and
``(B) the Director of NIH shall encourage the
reporting of the results of such valid analysis
described in paragraph (1) through any additional means
determined appropriate by the Director.''.
(c) Reporting.--Section 492B(f) of the Public Health Service Act
(42 U.S.C. 289a-2(f)) is amended--
(1) by striking ``biennial'' each place such term appears
and inserting ``triennial'' in each such place;
(2) by striking ``The advisory council'' and inserting the
following:
``(1) In general.--The advisory council''; and
(3) by adding at the end the following:
``(2) Contents.--Each triennial report prepared by an
advisory council of each national research institute as
described in paragraph (1) shall include each of the following:
``(A) The number of women included as subjects, and
the proportion of subjects that are women, in any
project of clinical research conducted during the
applicable reporting period, disaggregated by
categories of research area, condition, or disease, and
accounting for single-sex studies.
``(B) The number of members of minority groups
included as subjects, and the proportion of subjects
that are members of minority groups, in any project of
clinical research conducted during the applicable
reporting period, disaggregated by categories of
research area, condition, or disease and accounting for
single-race and single-ethnicity studies.
``(C) For the applicable reporting period, the
number of projects of clinical research that include
women and members of minority groups and that--
``(i) have been completed during such
reporting period; and
``(ii) are being carried out during such
reporting period and have not been completed.
``(D) The number of studies completed during the
applicable reporting period for which reporting has
been submitted in accordance with subsection
(c)(2)(A).''.
(d) Coordination.--Section 486(c)(2) of the Public Health Service
Act (42 U.S.C. 287d(c)(2)) is amended by striking ``designees'' and
inserting ``senior-level staff designees''.
SEC. 4. IMPROVING COORDINATION RELATED TO MINORITY HEALTH AND HEALTH
DISPARITIES.
Section 464z-3 of the Public Health Service Act (42 U.S.C. 285t) is
amended--
(1) by redesignating subsection (h), relating to
interagency coordination, that follows subsection (j) as
subsection (k); and
(2) in subsection (k) (as so redesignated)--
(A) in the subsection heading, by striking
``Interagency'' and inserting ``Intra-NIH'';
(B) by striking ``as the primary Federal
officials'' and inserting ``as the primary Federal
official'';
(C) by inserting a comma after ``review'';
(D) by striking ``Institutes and Centers of the
National Institutes of Health'' and inserting
``national research institutes and national centers'';
and
(E) by adding at the end the following: ``The
Director of the Institute may foster partnerships
between the national research institutes and national
centers and may encourage the funding of collaborative
research projects to achieve the goals of the National
Institutes of Health that are related to minority
health and health disparities.''.
SEC. 5. WOMEN AND MINORITIES IN RESEARCH.
(a) Basic Research.--
(1) Developing policies.--Not later than 2 years after the
date of enactment of this Act, the Director of the National
Institutes of Health (referred to in this section as the
``Director of NIH'') shall develop policies for projects of
basic research funded by National Institutes of Health to
assess--
(A) relevant biological variables including sex, as
appropriate; and
(B) how differences between male and female cells,
tissues, or animals may be examined and analyzed.
(2) Revising policies.--The Director of NIH may update or
revise the policies developed under paragraph (1) as
appropriate.
(3) Consultation and outreach.--In developing, updating, or
revising the policies under this section, the Director of NIH--
(A) shall consult with--
(i) the Office of Research on Women's
Health;
(ii) the Office of Laboratory Animal
Welfare; and
(iii) appropriate members of the scientific
and academic communities; and
(B) shall conduct outreach to solicit feedback from
members of the scientific and academic communities on
the influence of sex as a variable in basic research,
including feedback on when it is appropriate for
projects of basic research involving cells, tissues, or
animals to include both male and female cells, tissues,
or animals.
(4) Additional requirements.--The Director of NIH shall--
(A) ensure that projects of basic research funded
by the National Institutes of Health are conducted in
accordance with the policies developed, updated, or
revised under this section, as applicable; and
(B) encourage that the results of such research,
when published or reported, be disaggregated as
appropriate with respect to the analysis of any sex
differences.
(b) Clinical Research.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director of NIH, in consultation
with the Director of the Office of Research on Women's Health
and the Director of the National Institute on Minority Health
and Health Disparities, shall update the guidelines established
under section 492B(d) of the Public Health Service Act (42
U.S.C. 289a-2(d)) in accordance with paragraph (2).
(2) Requirements.--The updated guidelines described in
paragraph (1) shall--
(A) reflect the science regarding sex differences;
(B) improve adherence to the requirements under
section 492B of the Public Health Service Act (42
U.S.C. 289a-2), including the reporting requirements
under subsection (f) of such section; and
(C) clarify the circumstances under which studies
should be designed to support the conduct of analyses
to detect significant differences in the intervention
effect due to demographic factors related to section
492B of the Public Health Service Act, including in the
absence of prior studies that demonstrate a difference
in study outcomes on the basis of such factors and
considering the effects of the absence of such analyses
on the availability of data related to demographic
differences. | Enhancing Minority and Women Representation in NIH Medical Research Act of 2016 This bill amends the Public Health Service Act to require the National Institutes of Health (NIH), in assessing research priorities, to publish data on certain clinical research study populations. The NIH must foster collaboration among clinical research projects that use human subjects and that collect similar data to increase the number and diversity of subjects. The strategic plans of the national research institutes must ensure that future activities take into account women and minorities and are focused on reducing health disparities. Advisory council reports must include certain demographic data for clinical research subjects. The results of NIH-funded clinical trials that include women and minorities must be submitted to NIH's clinical trial data bank. The National Institute on Minority Health and Health Disparities may foster partnerships among the national research institutes and encourage the funding of collaborative research projects to achieve NIH goals related to minority health and health disparities. The NIH must develop policies for NIH-funded basic research projects to assess how differences between male and female cells, tissues, or animals may be examined and analyzed. | {"src": "billsum_train", "title": "Enhancing Minority and Women Representation in NIH Medical Research Act of 2016"} | 2,388 | 241 | 0.640281 | 1.675862 | 0.955439 | 3.456311 | 10.436893 | 0.912621 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``The American Horse Slaughter Prevention
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Horses have played a significant role in the history
and culture of the United States.
(2) Horses in the United States are not raised for food or
fiber.
(3) As a non-food and recreational animal, horses should be
protected from slaughter.
(4) The foreign-owned horse slaughter industry has
slaughtered and exported for human consumption over 3 million
American horses in the last 2 decades.
(5) Approximately 55,000 American horses are slaughtered
for human consumption annually in the United States by foreign-
owned slaughterhouses. Tens of thousands of live horses are
exported from the United States annually for slaughter.
(6) Horses slaughtered in these foreign-owned plants in the
United States have often been hauled several thousand miles
over several days, contrary to acceptable non-slaughter
standards for water, food, and rest.
(7) Many horses shipped to slaughter are young, healthy
animals. Others are old, sick, blind, crippled and in otherwise
poor condition and are unfit to withstand the rigors of long
travel. Horses sent to be slaughtered are often shipped on
crowded double deck trucks designed for shorter necked species
such as pigs, cattle and sheep, and are forced to travel in a
bent position which can result in suffering, injury and death.
(8) Killing of horses by foreign-owned slaughterhouses in
the United States contrasts with the preferable method of
killing by chemical euthanasia.
(9) Horses endure repeated blows to the head with stunning
equipment that often does not render the animals unconscious.
Some horses proceed still conscious through the remaining
stages of slaughter being bled out and dismembered.
(10) Because horses in America are not food animals,
veterinarians commonly prescribe and treat horses with potent
drugs that may reside in the horseflesh and be dangerous when
consumed by humans.
(11) Because of the lack of disclosure on the part of the
agents and dealers for the slaughter plants people's horses are
many times acquired and slaughtered through fraud and
misrepresentation. Slaughter also provides a quick and
evidence-free outlet for stolen horses.
(12) The imposition of a ban on the sale of horseflesh for
human consumption, regardless of its source, is consistent with
the international obligations of the United States because it
applies equally to domestic and foreign producers and avoids
any discrimination among foreign sources of competing products.
Such a ban is also consistent with provisions of international
agreements to which the United States is a party that expressly
allow for measures designed to protect the health and welfare
of animals and to enjoin the use of deceptive trade practices
in international or domestic commerce.
SEC. 3. PURPOSE.
The purpose of this Act is --
(1) to prohibit the slaughter of horses for human
consumption;
(2) to prohibit the sale, possession, and trade of
horseflesh for human consumption;
(3) to prohibit the sale, possession, and trade of live
horses for slaughter for human consumption.
SEC. 4. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Euthanasia.--The term ``euthanasia'' means to kill an
animal humanely by means that immediately renders the animal
unconscious, with this state remaining until the animal's swift
death.
(2) Export.--The term ``export'' means to take from any
place subject to the jurisdiction of the United States to a
place not subject to such jurisdiction, whether or not the
taking constitutes an exportation within the meaning of the
customs laws of the United States.
(3) Horse.--The term ``horse'' means all members of the
equid family, including horses, ponies, donkeys, mules, asses,
and burros.
(4) Horseflesh.--The term ``horseflesh'' means the flesh of
a dead horse, including the animal's viscera, skin, hair, hide,
hooves, and bones.
(5) Human consumption.--The term ``human consumption''
means ingestion by people as a source of food.
(6) Import.--The term ``import'' means to bring into any
place subject to the jurisdiction of the United States from a
place not subject to such jurisdiction, whether or not the
bringing constitutes an importation within the meaning of the
customs laws of the United States.
(7) Person.--The term ``person'' means--
(A) an individual, corporation, partnership, trust,
association, or other private entity;
(B) an officer, employee, agent, department, or
instrumentality of--
(i) the Federal Government; or
(ii) any State, municipality, or political
subdivision of State; or
(C) any other entity subject to the jurisdiction of
the United States.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(9) Slaughter.--The term ``slaughter'' means the commercial
slaughter of one or more horses with the intent to sell,
barter, or trade the flesh for human consumption.
(10) State.--The term ``State'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, the Commonwealth of the Northern Mariana
Islands, American Samoa, and any other territory, or possession
of the United States.
(11) Transport.--The term ``transport'' means to move by
any means, or to receive or load onto a vehicle for the purpose
of movement.
(12) United states.--The term ``United States'' means the
customs territory of the United States, as defined in general
note 2 of the Harmonized Tariff Schedule of the United States.
SEC. 5. PROHIBITED ACTS.
(a) In General.--A person shall not--
(1) slaughter a horse for human consumption;
(2) import into, or export from, the United States
horseflesh for human consumption or live horses intended for
slaughter for human consumption;
(3) sell or barter, offer to sell or barter, purchase,
possess, transport, deliver, or receive horseflesh for human
consumption or live horses intended for slaughter for human
consumption; or
(4) solicit, request, or otherwise knowingly cause any act
prohibited under paragraph (1), (2), or (3).
SEC. 6. PENALTIES AND ENFORCEMENT.
(a) Criminal Penalties.--A person who violates section 5 shall be
fined under title 18, United States Code, imprisoned for not more than
1 year, or both.
(b) Civil Penalties.--
(1) In general.--Any person who violates any provision of
section 5 shall, in addition to any other civil or criminal
penalty that may be imposed under title 18, United States Code,
or any other provision of law, be assessed, by the Secretary, a
civil penalty of not more than $5,000 but not less than $2,500,
and shall have confiscated all horses in that person's physical
or legal possession at the time of arrest, if said horses are
intended for slaughter.
(2) Debarment.--The Secretary shall prohibit a person from
importing, exporting, transporting, trading, or selling horses
in the United States, if the Secretary finds that the person
has engaged in a pattern or practice of actions that has
resulted in a final judicial or administrative determination
with respect to the assessment of criminal or civil penalties
for violations of any provision of this Act
(c) Notice; Hearing.--No monetary penalty may be assessed under
this subsection against a person unless the person is given notice and
opportunity for a hearing with respect to such violation in accordance
with section 554 of title 5, United States Code.
(d) Enforcement.--
(1) Use of personnel.--The Secretary shall enforce this
Act, and may use, by agreement, the personnel, services, and
facilities of any other Federal, State, or local agency for the
purposes of enforcing this Act. For good cause shown, the
Secretary may remit or mitigate any civil penalty.
(2) Execution of process; arrest; search; seizure.--Any
person authorized by the Secretary to enforce this Act may
execute any warrant or process issued by any officer or court
of competent jurisdiction to enforce this Act. Such a person so
authorized may, in addition to any other authority conferred by
law--
(A) with or without warrant or other process,
arrest any person committing in his presence or view a
violation of this Act or the regulations issued
thereunder;
(B) seize the cargo of any truck or other
conveyance used or employed to violate this Act or the
regulations issued hereunder or which reasonably
appears to have been so used or employed; and
(C) seize, whenever and wherever found, all horses
and horseflesh possessed in violation of this Act or
the regulations issued thereunder and dispose of them,
in accordance with this section and regulations
prescribed by the Secretary.
(3) Placement of confiscated horses.--
(A) Temporary placement.--After confiscation of a
live horse pursuant to this Act, the arresting
authorities shall work with animal welfare societies
and animal control departments to ensure the temporary
placement of the horse with an animal rescue facility
that is an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code, while the
person charged with violating this Act is prosecuted.
If placement at such a facility is not possible, the
arresting authorities shall work with animal welfare
societies and animal control departments to temporarily
place the horse with a facility that has as its primary
purpose the humane treatment of animals, or another
suitable location.
(B) Bonds.--
(i) Posting of bond.--The owner of a horse
confiscated pursuant to this Act may prevent
permanent placement of the horse by the
facility that has temporary custody of the
horse by posting a bond with the court in an
amount the court determines is sufficient to
provide for the necessary care and keeping of
the horse for at least 60 days, including the
day on which the horse was taken into custody.
Such bond shall be filed with the court within
10 days after the horse is confiscated. If a
bond is not so posted, the custodial facility
shall determine permanent placement of the
horse in accordance with reasonable practices
for the humane treatment of animals. If the
animal has not yet been returned to the owner
at the end of the time for which expenses are
covered by the bond, and if the owner desires
to prevent permanent placement of the animal by
the custodial facility, the owner shall post a
new bond with the court within ten days
following the prior bond's expiration. If a new
bond is not so posted, the custodial facility
shall determine permanent placement of the
horse in accordance with reasonable practices
for the humane treatment of animals.
(ii) Costs for providing care for horse
deducted from bond.--If a bond has been posted
in accordance with clause (i), the custodial
facility may draw from the bond the actual
reasonable costs incurred by the facility in
providing the necessary care and keeping of the
confiscated horse from the date of the initial
confiscation to the date of final disposition
of the horse in the criminal action charging a
violation of this Act.
(C) Permanent placement.--Any horse confiscated
pursuant to this Act and not returned to the owner
thereafter (except where otherwise provided in
paragraph (4)) shall be placed permanently with an
animal rescue facility or other suitable facility as
described in this section upon--
(i) the conviction of the horse's owner
pursuant to this Act;
(ii) the owner's surrender of the horse;
(iii) the failure of the horse's owner to
post a bond as required in accordance with
subparagraph (B); or
(iv) the Secretary's inability to identify
the owner.
(4) Euthanasia of horses.--
(A) Emergency circumstances.--The Secretary or any
law enforcement individual charged with enforcing this
Act may order or perform the immediate euthanasia of
any horse in the field when such horse is injured
beyond recovery and suffering irreversibly. Methods
used shall be in accordance with the most recent Report
of the American Veterinary Medical Association's Panel
on Euthanasia (2000) and State and local laws and may
include gunshot, but shall not include electrocution or
penetrating captive bolt.
(B) Horses beyond recovery and unplaceable.--The
Secretary or any individual charged with enforcing this
Act may order the euthanasia of any confiscated horse
when injured, disabled, or diseased beyond recovery or
when placement at an animal rescue facility or other
suitable facility, as described in this section, is not
possible within 90 days of any circumstance as
described in section 6(d)(3)(C). An equine or large-
animal veterinarian shall perform the euthanasia rated
``Acceptable'' for horses in the most recent Report of
the American Veterinary Medical Association's Panel on
Euthanasia (2000), but shall not include penetrating
captive bolt, electrocution, gunshot, or other non-
chemical means.
(e) Funding of Animal Rescue Facilities.--
(1) Grants.--To the extent that funds are made available
for this purpose by Acts of appropriation, the Secretary shall
make grants to animal rescue facilities described in this
section that have given adequate assurances to the Secretary
that they are willing to accept horses confiscated pursuant to
this Act.
(2) Penalties, fines, and forfeited property.--Amounts
received as penalties, fines, or forfeited property under this
Act shall be used for the care of any live horses seized from
violators of this Act and taken into the possession of the
United States or placed with an animal rescue facility as
described in this section.
(f) Calculation of Violations.--For purposes of this section, a
separate offense shall be calculated as follows:
(1) Each live horse transported, traded, slaughtered, or
possessed in violation of this Act shall constitute a separate
offense.
(2) Every four hundred pounds or less of confiscated
horseflesh shall constitute a separate offense.
SEC. 7. REPORT ON ENFORCEMENT EFFORTS.
Not later than 2 years after the date of the enactment of this
Act, and on an annual basis thereafter, the Secretary shall submit a
report to Congress on the efforts of the United States Government to
enforce the provisions of this Act and the adequacy of the resources to
do so.
SEC. 8. EXEMPTIONS.
(a) In General.--Except as provided in section 5, nothing in this
Act shall be construed to affect the regulation by any State of its
horse population.
(b) Exception for Designated Law Enforcement Official Purposes.--A
person described in section 4(7)(B) may engage in activities described
in paragraphs (2), (3), and (4) of section 5 solely for purposes of
enforcing this Act.
SEC. 9. DATE OF ENFORCEMENT.
This Act shall take effect one year after the date of the
enactment of this Act. | The American Horse Slaughter Prevention Act - Prohibits a person from: (1) slaughtering a horse for human consumption; (2) importing to, or exporting from, the United States horseflesh or horses for human consumption; (3) selling, bartering, transferring, receiving, or distributing horseflesh or horses for human consumption; or (4) soliciting or knowingly causing any such actions.Sets forth provisions respecting: (1) criminal and civil penalties; (2) enforcement authority of the Secretary of Agriculture; (3) placement of confiscated horses; (4) euthanasia of unplaceable or severely injured or diseased horses; (4) funding of animal rescue facilities; and (5) exemptions. | {"src": "billsum_train", "title": "To prevent the slaughter of horses in and from the United States for human consumption by prohibiting the slaughter of horses for human consumption and by prohibiting the trade and transport of horseflesh and live horses intended for human consumption, and for other purposes."} | 3,368 | 155 | 0.517307 | 1.518035 | 0.611113 | 2.559701 | 23.179104 | 0.902985 |
SECTION 1. NATIONAL DRUG CONTROL PROGRAM BUDGET.
Section 1003(c) of the National Narcotics Leadership Act of 1988
(21 U.S.C. 1502 et seq.) is amended--
(1) by redesignating paragraphs (5), (6), and (7), as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) The Director shall request the head of a department or agency
to include in the department or agency's budget submission to the
Office of Management and Budget funding requests for specific
initiatives that are consistent with the President's priorities for the
National Drug Control Strategy and certifications made pursuant to
paragraph (3), and the head of the department or agency shall comply
with such a request.''.
SEC. 2. CONTROL OF DRUG-RELATED RESOURCES.
Section 1003 of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1502) is amended--
(1) in subsection (d)--
(A) by amending paragraph (2) to read as follows:
``(2) request the head of a department of agency to place
department or agency personnel who are engaged in drug control
activities on temporary detail to another department or agency
in order to implement the National Drug Control Strategy, and
the head of the department or agency shall comply with such a
request;
(B) by striking ``and'' at the end of paragraph
(6);
(C) by striking the period at the end of paragraph
(7) and inserting a semicolon; and
(D) by adding after paragraph (7) the following new
paragraphs:
``(8) except to the extent that the Director's authority
under this paragraph is limited in an annual appropriation Act
by specific reference to this paragraph, transfer funds
appropriated to a National Drug Control Program agency account
to a different National Drug Control Program agency account in
an amount that does not exceed 2 percent of the amount
appropriated to either account, after having received the
approval of the Committee on Appropriations of each House of
Congress; and
``(9) in order to ensure compliance with the National Drug
Control Program, issue to the head of a National Drug Control
Program agency a funds control notice described in subsection
(f).''; and
(2) by adding at the end the following new subsections:
``(f) Funds Control Notices.--(1) A funds control notice may direct
that all or part of an amount appropriated to the National Drug Control
Program agency account be obligated by--
``(A) months, fiscal year quarters, or other time periods;
and
``(B) activities, functions, projects, or object classes.
``(2) An officer or employee of a National Drug Control Program
agency shall not make or authorize an expenditure or obligation
contrary to a funds control notice issued by the Director.
``(3) In the case of a violation of paragraph (2) by an officer or
employee of a National Drug Control Program agency, the head of the
agency, upon the request of and in consultation with the Director, may
subject the officer or employee to appropriate administrative
discipline, including, when circumstances warrant, suspension from duty
without pay or removal from office.
``(g) Limit on Number of Political Appointees.--Not more than 10
percent of the members of the officers and employees of the Office of
National Drug Control Policy (including the Director, Deputy Directors,
and Associate Directors) may be in positions that are--
``(1) positions of a confidential or policy-determining
character under Schedule C of subpart C of part 213 of title 5,
Code of Federal Regulations;
``(2) Senior Executive Service positions filled by
noncareer appointees; or
``(3) positions on the Executive Schedule under subchapter
II of chapter 53 of title 5, United States Code.
``(h) Prohibition on Political Campaigning.--No Federal officer in
the Office of the National Drug Control Policy who is appointed by the
President, by and with the advice and consent of the Senate, may use
his official authority or influence for partisan political purposes.''.
SEC. 3. SPECIAL FORFEITURE FUND AMENDMENTS.
(a) Establishment of Fund.--Section 6073 of the Asset Forfeiture
Amendments Act of 1988 (21 U.S.C. 1509) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Transfers From Other Funds.--
``(1) Department of justice deposits.--(A) On October 1 of
each of fiscal years 1994, 1995, 1996, 1997, and 1998, the
Attorney General shall estimate, with the concurrence of the
Director, the excess unobligated balance anticipated as of
September 30 in the Department of Justice Assets Forfeiture
Fund established under section 524(c) of title 28, United
States Code. For fiscal year 1993, the excess unobligated
balance as of September 30 shall be estimated within 15 days
after the date of enactment of this paragraph.
``(B) In each of fiscal years 1993, 1994, 1995, 1996, 1997,
and 1998, the Attorney General shall transfer to the Fund the
excess unobligated balance estimated under subparagraph (A).
Such transfers shall be made at the end of each quarter of a
fiscal year on a pro rata basis. In order to account for
unanticipated fluctuations in the Department of Justice Assets
Forfeiture Fund balance during a fiscal year, the transfer at
the end of the fourth quarter of each fiscal year shall be
adjusted by the Attorney General, with the concurrence of the
Director, so that the transfer is equal to the actual remaining
excess unobligated balance in the Department of Justice Assets
Forfeiture Fund on September 30. Transfers under this
subparagraph shall be made only to the extent that the
aggregate amount of such transfers during a fiscal year does
not exceed $150,000,000.
``(2) Department of the treasury deposits.--(A) On October
1 of each of fiscal years 1994, 1995, 1996, 1997, and 1998, the
Secretary of the Treasury shall estimate, with the concurrence
of the Director, the excess unobligated balance anticipated as
of September 30 in the Department of the Treasury Forfeiture
Fund established under section 9703 of title 31, United States
Code. For fiscal year 1993, the excess unobligated balance as
of September 30 shall be estimated within 15 days after the
date of enactment of this paragraph.
``(B) In each of fiscal years 1993, 1994, 1995, 1996, 1997,
and 1998, the Secretary of the Treasury shall transfer to the
Fund the excess unobligated balance estimated under
subparagraph (A). Such transfers shall be made at the end of
each quarter of a fiscal year on a pro rata basis. In order to
account for unanticipated fluctuations in the Department of the
Treasury Forfeiture Fund balance during a fiscal year, the
transfer at the end of the fourth quarter of each fiscal year
shall be adjusted by the Secretary of the Treasury, with the
concurrence of the Director, so that the transfer is equal to
the actual remaining excess unobligated balance in the
Department of the Treasury Forfeiture Fund on September 30.
Transfers under this subparagraph shall be made only to the
extent that the aggregate amount of such transfers during a
fiscal year does not exceed $150,000,000.''.
(2) by redesignating subsections (c), (d), (e), and (f), as
subsections (e), (f), (g), and (h), respectively; and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Super Surplus.--(1) Any unobligated balance up to $20,000,000
remaining in the Fund on September 30 of a fiscal year shall be
available to the Director, subject to appropriation and subject to
paragraph (2), to transfer to, and for obligation and expenditure in
connection with drug control activities of, any Federal agency or State
or local entity with responsibilities under the National Drug Control
Strategy.
``(2) A transfer may be made under paragraph (1) only with the
advance written approval of the Committee on Appropriations of each
House of Congress.''.
(b) Conforming Amendments.--
(1) Department of justice assets forfeiture fund.--Section
524(c)(9) of title 28, United States Code, is amended--
(A) by striking subparagraph (B) and inserting the
following new paragraph:
``(B) The Attorney General shall make transfers from the Fund to
the Office of National Drug Control Policy's Special Forfeiture Fund in
the manner provided in section 6073(b)(1) of the Asset Forfeiture
Amendments Act of 1988 (21 U.S.C. 1509(b)(1)).'';
(B) by striking subparagraph (C); and
(C) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
(2) Department of the treasury forfeiture fund.--Section
9703(g) of title 31, United States Code, is amended by striking
paragraphs (3) and (4) and inserting the following new
paragraph:
``(3) The Secretary of the Treasury shall make transfers
from the Fund to the Office of National Drug Control Policy's
Special Forfeiture Fund in the manner provided in section
6073(b)(2) of the Asset Forfeiture Amendments Act of 1988 (21
U.S.C. 1509(b)(2)).''.
SEC. 4. COORDINATION WITH EXECUTIVE BRANCH AGENCIES.
Section 1004 of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1503) is amended--
(1) in subsection (a) by amending paragraph (1) to read as
follows:
``(1) Each Federal Government program manager, agency head, or
department head with responsibilities under the National Drug Control
Strategy shall provide such information (including reports, memoranda,
letters, studies, surveys, and information maintained in data
collection systems) for purposes of drug control as the Director may
request. Information shall be transmitted timely and in such manner and
format as may be prescribed by the Director.'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following new
subsection:
``(b) National Drug Control Data Collection Systems.--(1) For each
National Drug Control Program agency, the Director may designate
certain data collection systems as being essential for drug control
purposes.
``(2) The Director may require data collection systems designated
under paragraph (1) to be modified in accordance with standards
established by the Director to ensure appropriate scope and coverage of
data collection.''; and
(4) by striking subsection (c)(2) (as redesigned by
paragraph (2)) and inserting the following new paragraph:
``(2) An officer or employee of a National Drug Control Program
Agency shall not take any action to implement a change in the drug
control policy of the agency unless the policy change has been
certified in advance by the Director under paragraph (1) as being
consistent with the National Drug Control Strategy.''.
SEC. 5. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.
Section 1009 of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1506) is amended by striking ``the date which is 5 years after
the date of the enactment of this subtitle'' and inserting ``September
30, 1998''.
SEC. 6. DIRECTOR AS A MEMBER OF THE CABINET.
The Director of National Drug Control Policy shall be a member of
the President's Cabinet.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 1011 of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1508) is amended by striking ``4'' and inserting ``9''. | Amends the National Narcotics Leadership Act of 1988 to require the Director of National Drug Control Policy to request the head of a department or agency to include in its budget submission to the Office of Management and Budget funding requests for specific initiatives. Directs each agency to comply with such request.
Authorizes the Director to: (1) request an agency head to place personnel engaged in drug control activities on temporary detail to another agency in order to implement the National Drug Control Strategy and directs the agency head to comply; and (2) transfer funds appropriated to a National Drug Control Program agency account to a different such account and to issue to the head of a Program agency a funds control notice. Prohibits an officer or employee of a Program agency from making or authorizing an expenditure or obligation contrary to such a notice. Provides for disciplinary action for violations.
Limits the number of political appointees to the Office of Drug Control Policy. Prohibits Federal officers in the Office from using official authority or influence for partisan political purposes.
Amends the Asset Forfeiture Amendments Act of 1988 to provide for transfers to the Special Forfeiture Fund according to specified guidelines of funds from the Department of Justice Assets Forfeiture Fund and the Department of the Treasury Forfeiture Fund. Makes certain surplus amounts within the Fund available to the Director for Federal, State, or local drug control activities.
Requires each Federal program manager or department head with responsibilities under the Strategy to provide such information for drug control purposes as the Director may request.
Authorizes the Director to: (1) designate certain data collection systems as being essential for drug control purposes; and (2) require that such systems be modified to ensure appropriate scope and coverage.
Prohibits an officer or employee of a Program agency from taking any action to implement a change in drug control policy unless such change has been certified in advance by the Director.
Terminates the Office on September 30, 1998.
Requires the Director to be a member of the President's cabinet.
Extends the authorization of appropriations for the office. | {"src": "billsum_train", "title": "A bill to enhance the authorities and responsibilities of the Office of National Drug Control Policy, and for other purposes."} | 2,622 | 452 | 0.621984 | 2.023639 | 0.850717 | 3.87218 | 6.155388 | 0.929825 |
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